MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES

On the one hand, the security of the state, on the other hand, the individuals and the society, is possible by ensuring national security. This requires a strong, deterrent and disciplined armed force. The discipline of the armed forces is often tried to be achieved through the implementation of mil...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autor principal:	Mehmet YAYLA
Formato:	article
Lenguaje:	DE EN FR TR
Publicado:	Fırat University 2019
Materias:	military crime pure military crime military crime analogues discipline military penal code Social Sciences H Social sciences (General) H1-99
Acceso en línea:	https://doaj.org/article/c49e35f0e931463c968808829504d6ad
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:c49e35f0e931463c968808829504d6ad
record_format	dspace
spelling	oai:doaj.org-article:c49e35f0e931463c968808829504d6ad2021-11-24T09:20:38ZMILITARY CRIME CONCEPT AND PURE MILITARY CRIMES2148-416310.9761/JASSS7940https://doaj.org/article/c49e35f0e931463c968808829504d6ad2019-08-01T00:00:00Zhttps://jasstudies.com/index.jsp?mod=tammetin&makaleadi=1644972138_19-Dr.%20Mehmet%20Yayla.pdf&key=29024https://doaj.org/toc/2148-4163On the one hand, the security of the state, on the other hand, the individuals and the society, is possible by ensuring national security. This requires a strong, deterrent and disciplined armed force. The discipline of the armed forces is often tried to be achieved through the implementation of military criminal laws, which include crimes and penalties arising from the nature of military service. As the undisciplined armies are doomed to perish, they are doomed to experience the same fate in the state in which they cannot afford it. Therefore, the protection of the discipline of the army for a society is more important than the protection of the discipline of other institutions. Military discipline requires only the types of crimes and penalties that are not available in general criminal laws for persons with a certain status. These types of crime also appear as “military crimes”. Military Penal Code No. 1632 does not define “military crime” and just because it does not count “pure military crimes”. Therefore, it is exposed to criticism on the basis of the principle of certainty and legality. In the decisions of the Constitutional Court, emphasizing the exceptional structure of the military order, although the exceptional arrangements required by this structure can only be considered if this structure is taken into consideration, defining the military crime is important in determining the law and the competent court. In this study, firstly, the emergence of the concepts of military crime and pure military crime will be put forward by considering the case law in Turkish law. After the military courts were closed, the military crime and the pure military crime regulations in the draft law, which was not enacted after the June 24, 2018 General Elections, will be examined and suggestions will be presented.Mehmet YAYLAFırat Universityarticlemilitary crimepure military crimemilitary crime analoguesdisciplinemilitary penal codeSocial SciencesHSocial sciences (General)H1-99DEENFRTRJournal of Academic Social Science Studies , Vol 11, Iss 73, Pp 271-280 (2019)
institution	DOAJ
collection	DOAJ
language	DE EN FR TR
topic	military crime pure military crime military crime analogues discipline military penal code Social Sciences H Social sciences (General) H1-99
spellingShingle	military crime pure military crime military crime analogues discipline military penal code Social Sciences H Social sciences (General) H1-99 Mehmet YAYLA MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES
description	On the one hand, the security of the state, on the other hand, the individuals and the society, is possible by ensuring national security. This requires a strong, deterrent and disciplined armed force. The discipline of the armed forces is often tried to be achieved through the implementation of military criminal laws, which include crimes and penalties arising from the nature of military service. As the undisciplined armies are doomed to perish, they are doomed to experience the same fate in the state in which they cannot afford it. Therefore, the protection of the discipline of the army for a society is more important than the protection of the discipline of other institutions. Military discipline requires only the types of crimes and penalties that are not available in general criminal laws for persons with a certain status. These types of crime also appear as “military crimes”. Military Penal Code No. 1632 does not define “military crime” and just because it does not count “pure military crimes”. Therefore, it is exposed to criticism on the basis of the principle of certainty and legality. In the decisions of the Constitutional Court, emphasizing the exceptional structure of the military order, although the exceptional arrangements required by this structure can only be considered if this structure is taken into consideration, defining the military crime is important in determining the law and the competent court. In this study, firstly, the emergence of the concepts of military crime and pure military crime will be put forward by considering the case law in Turkish law. After the military courts were closed, the military crime and the pure military crime regulations in the draft law, which was not enacted after the June 24, 2018 General Elections, will be examined and suggestions will be presented.
format	article
author	Mehmet YAYLA
author_facet	Mehmet YAYLA
author_sort	Mehmet YAYLA
title	MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES
title_short	MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES
title_full	MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES
title_fullStr	MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES
title_full_unstemmed	MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES
title_sort	military crime concept and pure military crimes
publisher	Fırat University
publishDate	2019
url	https://doaj.org/article/c49e35f0e931463c968808829504d6ad
work_keys_str_mv	AT mehmetyayla militarycrimeconceptandpuremilitarycrimes
_version_	1718415699253133312

MILITARY CRIME CONCEPT AND PURE MILITARY CRIMES

Ejemplares similares