Execution of the order of the superior and liability in military criminal law

Within the framework of military hierarchy, the chain of command has a special importance in terms of responsibility arising from execution of the given order. Our thesis on this issue consists of three parts. In the first part, the basic concepts are defined in order to clarify the subject, the conditions for the execution of the order and the acquisition of the authority to order are discussed and historical development of the subject is briefly emphasized. The existence and binding nature of an order is essential for the order's legality. . To make the order binding, it must be related to military service, given by an authorized person and must have the form and content requirements. In this section, the absolute obedience rule to which military personnel are subjected and the exceptions to this rule are also included. The second part of the thesis is devoted to the effect of execution of the order on crime. Although there are different acceptances in the doctrine, our opinion is that the legal characteristic of the fulfillment of both the lawful order and the unlawful order subject of which does not constitute a crime, are grounds of justification. In the effect of the legal order on the responsibility, a ground for justification is encountered in terms of both superior and subordinate. However, the unlawful orders that are not crimes only abolish the responsibility of the subordinate. It should not be overlooked that superior's responsibility arising from private law or administrative law continues. The execution of an order, which is a crime, can never be accepted as a ground of justification in any case; in this respect, the responsibility of the person giving the order and the subordinate remains. In the third and last part of our thesis, it is examined that exceeding the limit and instance of mistake in execution of the order. The penalty can be reduced only if the limit is exceeded by negligence in the execution of the order. However, in case of mistake, the caste or defect of subordinate may be affected depending on the nature of mistake. Keywords; Execution of orders of a competent authority, grounds of justification, affecting of culpability, criminal responsibility, military criminal law.