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 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.
Military Crime, Pure Military Crime, Military Crime Analogues, Discipline, Military Penal Code