What are Military Crimes?

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According to Article 1 of the Military Penal Code, the crimes punished by death, heavy imprisonment and imprisonment are military crimes. Military misdemeanors are the crimes punishable by a short prison sentence in the Military Penal Code. That is, military crimes; It is divided into two as military crimes and military misdemeanors. Accordingly, in order for a crime to be considered a military crime, the penalty must be specified in the Military Penal Code.

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1. Polling fugitive, baka, hidden, desertion

2. Penalties of reserve officers and military officers who were not summoned

3. Penalties of those who do not go to their duties and civil service

4. Escape and punishment

5. Punishment of those who fled to a foreign country

6. Punishment of those caught in the grace period

7. Punishment of those who fled from the trapped place to the enemy side, in the face of the enemy

8. Contractual desertion and punishment

9. Reinstatement of non-commissioned officers

10. Punishment of those who do not inform about those who try to escape

11. Penalties for helping fugitives

12. Escaping from a prison or prison or being a means to escape

13. Escaping from the place of detention or room confinement, failing to comply with the conditions of execution, being a means of escape

14. Punishment for those who make themselves unfit for military service

15. Punishment of those who make someone else unfit for military service

16. Cheating to get out of the military

17. Chief or higher threat

18. false complaint

19. Punishment of those who insult the chief and his superior

20. Punishment for those who persist in disobedience

21. Strength and punishment

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In Disciplinary Penalties

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Within the scope of military criminal law, disciplinary directors, disciplinary boards and disciplinary officers can issue warnings, warnings, partial attendance and wage deductions, the high disciplinary board imposes penalties for not leaving the post, being locked up in a room, and leaving the office.

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Crime of not doing military service (Article 76): Persons who intentionally injure or are not suitable for military service or voluntary military service are sentenced to heavy imprisonment for not less than one year and not more than five years. If a soldier's behavior undermines his ability to work for any military purpose, the offender is punishable by up to seven years of hard labor.

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Fugitive crimes in courts in accordance with the military penal code (Article 66): Those who leave the dormitory or workplace for more than six days without permission, those who leave their homes or workplaces by requesting leave, rest or change their planes, and those who do not return, are subject to no excuse for six days from the date of compulsory extradition, and punishable by up to three years' imprisonment. Besides the perpetrators of fugitive crimes, there are also weapons and ammunition. Those who carry materials with them, commit crimes during their term of office and commit crimes again are punished with imprisonment for up to two years.

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Insistence on disobeying orders Military criminal law Article 87: The soldiers' failure to carry out their military service orders is from one month to one year, and those who expressly refuse to fulfill the order verbally or de facto or fail to fulfill the order after its repetition are given three fixed-term orders, not less than three months and no more than two years. punishable by imprisonment.

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Crime of attacking their superiors or superiors (Article 91): Those who attack or attempt to attack their superiors or superiors are sentenced to more than six months in prison if the conditions are mild. Whoever, during his service, commits a crime against mass soldiers with a weapon or using dangerous equipment for more than 5 years, with a weapon or using dangerous equipment, is sentenced to imprisonment for more than one year if his condition is mild.

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If an actual attack causes physical harm to the commander or his superior, he is punished with a fixed term imprisonment of not less than fifteen years, and a death penalty with a life sentence of not less than 24 years and 30 years. In less severe conditions for several years.

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Offense of Negligent Damage to Combat Equipment

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Military Penal Code Article 137: Anyone who negligently damages war equipment (weapons, vehicles, equipment, ammunition, etc.) is sentenced to a short or spherical prison sentence. Imprisonment for not more than three years while working or serving.

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Negligence and unity crimes (Article 144): In the performance of military duty, in addition to the situations written in this Law, all kinds of negligent acts are punished according to the law. As a result of the TCK, he united and abused his duties.

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Crimes of destruction, abandonment and loss of military products (Article 130): The value of the goods, their importance, the degree of damage and the soldiers who deliberately abandon, partially or completely destroy, lose, destroy or use, are sentenced to imprisonment from 3 months to 2 years. Imprisonment for personal gain depends on how it is done. Criminal items; weapons, ammunition, war tools and equipment, the penalty is increased. He also demanded payment of military goods.

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Abuse of Power Offense

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Military penal code article 115: A superior or superior abuses his authority to act or act arbitrarily against any natural or legal person or subordinate and to give orders to the officer or officers in a certain way. According to the legal provisions, they can be sentenced to imprisonment.

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What are Mere Military Crimes?

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However, the definition of a mere military crime is “Crimes that can only be committed by those who have the title of military person, that are not regulated as a crime in another law, partially or completely, and that express the violation of a military service or duty.” was made by saying.

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However, in accordance with the additional article 11/2 added to the Military Penal Code No. 1632 in accordance with Article 1 of the Law on Amending the Military Penal Code and Some Laws, “The 60th, 62nd, 65th, 66th, 67th, 68th, 70th, 79th, 81st, 82nd, 85th, 87th, 88th, 89th, 90th, 91st, 97th, 98th, 100th, 101st, 102nd The crimes regulated in Articles 136 and 136 are purely military crimes.” only military crimes were counted in detail.

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What are the elements of a mere military crime?

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Accordingly, in order for a crime to be classified as a purely military crime:

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• It can only be processed by military personnel.

• It is not regulated as a crime in another law, partially or completely.

• Indicates a violation of a military service or duty