Türkiye Adalet Akademisi Dergisi

Yazarlar: Hakan GÜNDÜZ

Konular:Hukuk

Anahtar Kelimeler:Military penal code,Military criminal law,Investigation,Trial,Exceptional arrangements.

Özet: It is the discipline that keeps the armies that are obliged to fulfill the duty of ensuring the foreign security of the countries. General criminal laws may be insufficient for the establishment and maintenance of military discipline, and different legal rules may need to be applied within the military to carry out military services. For this reason, a Military Criminal Code separate from the general Criminal Code was adopted in our country as well as in countries with strong army. The concept of military crime that occurs with the existence of military criminal laws; it may also result in exceptional judgments applied to these crimes according to the sanctions imposed on the crimes contained in the general penal laws. While the general criminal laws may include softer and libertarian provisions in terms of sanctions, there is room for provisions that limit or eliminate the implementation of institutions such as postponement in military criminal law, conversion to short-term prison sentences, reconciliation, prepayment, postponement of the announcement of the verdict, postponement of the public case. In this context, exceptional arrangements that have emerged due to the amendments made in the recent years upon the annulment decisions made by the Constitutional Court or independent of the annulment decisions were discussed.

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