Implementation of general provisions of the Turkish Criminal Law in terms of sanctions spesific to the Military Criminal Code in the context of the theory of sanctions
2014
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Advisor: Yrd. Doç. Dr. Mehmet Nihat Kanbur
Abstract (EN)
IMPLEMENTATION OF GENERAL PROVISIONS OF THE TURKISH CRIMINAL LAW IN TERMS OF SANCTIONS SPESIFIC TO THE MILITARY CRIMINAL CODE IN THE CONTEXT OF THE THEORY OF SANCTIONS In this study it is aimed to analyse the enforcement system of the Military Criminal Code, within the framework of the general provisions of the Turkish Criminal Code, which is subordinated to a separate criminal judgement procedure and which affects a large segment of the society if commentated along with the compulsory military service system. As the Criminal law legislation undergoing a rapid changes nowadays, it is important to keep the institutions related to Military Criminal Law in coordination with other legal legislation in terms of constitutional principles and universal principles of law. Regulations and changes are observed time to time in the Military Criminal Code sometimes by legislative changes and sometimes by the Constitutional Court, however it is realised that these regulations and changes are inadequate. Inconsistencies are observed with the enforcement system of the Military Criminal Code and the new Turkish Criminal Code in terms of institutions such as and primarily with the types of penalties and implementation capabilities of these penalties, alternative penalties for short-term imprisonment and sentence suspension which are stipulated in this law. Due to the unique characteristics of Military field, exceptional arrangements can be made by the legislator. It has been tried to expose the compatibility of the enforcement system of the Military Criminal Code with the new Turkish Criminal Code, within the process of rapid change of legislation with the unique features of military justice.
Author
Dr. İlhan İpek
How to Cite
İlhan İpek (Master Thesis). Implementation of general provisions of the Turkish Criminal Law in terms of sanctions spesific to the Military Criminal Code in the context of the theory of sanctions, 2014, Akdeniz University.
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