Subordinate effective action crime

Subordinate offense is a type of military crime regulated in Article 117 of the Military Penal Code. The perpetrator and the victim must be soldiers. The article of the law regulating the crime has not undergone any change from the date of its entry into force. While the Turkish Penal Code No. 765 regulated the effective action against individuals, with the entry into force of the Turkish Penal Code No. 5237, the term "injury" was used instead of the concept of "effective action". The basic form of the offense is regulated in Article 117 of the Military Penal Code, the qualified cases are regulated in Article 118 and the reasons for compliance with the law are regulated in Article 119. The crime of subordinate effective act is a crime with consequences. In this regard, it is possible to apply the provisions of the enterprise. Since the perpetrator must be a superior or a superior, it is necessary to determine the subordinate-superior relationship of those who participate in the crime at the point of participation in the crime, according to the victimd. If the person participating in the crime is lower in rank and seniority than the victim, the crime of attacking the top will occur. If the participant is not a military person, the crime should be determined according to the general provisions. Since it carries the material elements of the crime of willful injury, the provisions of the chain crime are not applied in the crime of subordinate active act. The intellectual gathering should be evaluated according to the concrete event. Since the crime of subordinate act is a duty crime, it is necessary to obtain an investigation permission from the competent authority in order to prosecute the perpetrator. The penalty envisaged as the sanction of the crime will be a two-year prison sentence, a five-year prison sentence for the qualified case, and a minimum of ten years if death has occurred as a result of the crime. The crime is not subject to complaint. In this context, the prosecution is carried out ex officio.