The legal status of the evasion of military registration, the evasion of enlistment and staying hidden actions

As a constitutional service, military service is a service which is conducted by Ministry of National Defense in Turkey. The preservation of territorial integrity of the Republic of Turkey assumed the duties of the Turkish Armed Forces, identifies defense objectives into specific periods in order to fulfill this task and of appropriate quality to achieve the best these goals should be employment of human resources. In order to achieve this and not cause disruptions in reaching the targets, an effective human resources planning should be made and no disruption should be allowed in this planning. Compulsory military service is implemented in Turkey. Being absent from the military registration, staying hidden and evasion of enlistment are some of the short-term avoidance from this compulsory military service. Some liable parties; they avoid military service, albeit for a short time, by falling into the situation of draft evasion, hidden and negligent. For this reason, these actions are regulated as crimes in the Military Penal Code. However, as a result of the amendment made with the law numbered 6217 in 2011, while the evasion, hidden and ministerial actions were described as a misdemeanor requiring administrative fines when committed for the first time in peacetime; Although there was no change in the nature of the act subject to the perpetrator or the act of unlawful action, the way it was committed, the damage caused to the society and the individual, the administrative fine was considered a crime when it was committed a second time after it was finalized. In this study; It has been emphasized whether it is appropriate in the context of the law of misdemeanor, criminal law and repetition to characterize evasion evasion, concealed and other acts as both misdemeanor and crime.