military criminal lawyer

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He is a lawyer specializing in military cases. Due to the fact that military discipline, which is broken by the commission of the crime, is maintained and maintained in a short time and a significant part of military crimes have different characteristics from general crimes, military courts composed of judges specialized in this field have long handled cases of military crimes. Military courts and military high courts were abolished in accordance with the temporary 21st article added to the Constitution by Law No. 6771, which entered into force on 16.04.2016. The duties of military courts were transferred to civilian courts. However, the Military Penal Code still continued to be implemented. Therefore, the term military criminal lawyer still continues to be used among people.

 

Military disciplinary offences;

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• Disrespect to the superior and superior

• disobedience

• knowingly not telling the truth

• Short-term escape and time off

• Not informing those who try to escape

• Causing damage or loss of service-specific goods

• Giving orders, asking for gifts, or borrowing money that has nothing to do with service to a subordinate

• Negligence and fault in the duty of supervising subordinates

• Cursing, insulting and mistreating a subordinate

• To act against the watch order

• create discontent

• Getting drunk and entering forbidden places

• Gamble

• Entering professional organizations, non-permitted associations, active memberships of sports clubs

• Reading or possessing prohibited books, etc.

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Military criminal law; It is the branch of criminal law specific to members of the military and their needs. The subject of military criminal law is the examination of the crimes written in the military penal code and other military laws and the sanctions to be applied to them.

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Military criminal law; It is a branch of public law that covers military criminal and disciplinary cases and contains legal regulations on this subject. The scope of military criminal and administrative cases is very wide. It covers the cases originating from the Military Discipline Law No. 6413, the Military Penal Law No. 1632, the Internal Service Law No. 211, the TAF Personnel Law, and the Reserve Officer Law.

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Military lawyer Antalya handles the following cases;

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• Military Criminal Cases

• Cases Regarding Military Disciplinary Penalties

• Application to the Constitutional Court and the ECtHR Against Disciplinary Penalties (Especially Chamber Prisons)

• Actions for Annulment before the Military Yüksel Administrative Court (Now Administrative Courts)

• Full Justice Cases Before the Military Yuksel Administrative Court (Now Administrative Courts)

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Military jurisdiction was abolished in 2017 in order to ensure uniformity in the judiciary. With this amendment, the duties of military courts were transferred to civilian courts and it was decided to establish a military court in extraordinary situations such as war. In this context, military litigation attorney service has become important. People want to get support from a military criminal lawyer in case of any problems they experience. Advocate.Muhammed Sarıkaya Law and Consultancy; As a military criminal lawyer, he provides services to his clients in military criminal and administrative cases with his expert staff in military matters. It provides this service throughout the country, especially in Antalya.

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Looking for Military Lawyer

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I am looking for a military lawyer, as soon as you type in the form of military lawyers or military criminal lawyers, many sites will appear. Although most of them are lawyers, some of them are non-lawyers or even fraudsters. For this reason, you need to be meticulous and careful when looking for a military lawyer. Adv.Muhammed Sarıkaya Law Firm provides services with lawyers and consultants who are experts in their fields.

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Court of Appeals, military crimes; “Crimes that are not partially or completely regulated in the TCK and that express the violation of a military service and duty, although not of this nature, aiming to protect a military interest, regulated in the Military Penal Code and are not included in the application area of this law due to the reference to the Turkish Penal Code. are crimes.” defined as.

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The basis of military order is discipline. Ensuring discipline is possible by obeying the orders and following the rules. Various sanctions were envisaged in the military legislation in order to ensure the re-establishment of the disrupted discipline in case of non-compliance with the aforementioned orders. Military criminal law is important in this respect. Discipline in the army is ensured by military criminal and disciplinary law.

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States are established with their armies and defended by them. If this defense is not adequately provided, states lose their independence and eventually disappear. With this aspect, the independent and strong existence of states is closely related to the existence of their armies. For this reason, the army is the most basic building block of a state. A strong, deterrent and disciplined armed force is needed.

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Antalya military criminal lawyer; Attorneyship of suspects, complainants and defendants during military criminal investigation and prosecution, attorneyship of the accused and intervening in the Criminal Court of First Instance and Heavy Penal Courts, filing a criminal complaint to the prosecutor's office, follow-up during the preparatory investigation by the Public Prosecutor's Office, condemnation, warning, partial service given within the scope of military disciplinary law. litigation is pursued against penalties such as continuation for a period of time, termination of salary, not leaving the place of service, imprisonment in the room and dismissal from the profession.

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What Are Military Crimes?

 

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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• Polling fugitive, baka, hidden, desertion.

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

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

• Escape and punishment.

• Punishment of those who fled to a foreign country.

• Punishment of those caught in the grace period.

• Punishment of those who fled from the endangered position in the face of the enemy.

• Contractual desertion and punishment.

• Reinstatement of non-commissioned officers.

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

• Penalties for helping fugitives.

• Escape from prison or prison or be a means to escape.

• Escaping from the place of detention or room confinement, not complying with the conditions of execution, being a means of escape.

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

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

• Those who cheat to get out of the military.

• Commander or higher threat.

• Complain on the ground.

• The punishment of those who insult the chief and his superior.

• Punishment for those who persist in disobedience.

• Strength and punishment.

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military crime; “All crimes included in the laws adopted with the aim of providing and protecting national defense, in other words, to protect a military benefit, are military crimes.” defined as.

 

In order for an institution that is closely related to the state and social structure to fully fulfill its functions, it must be subject to special rules and have its own criminal and disciplinary legislation. The discipline of the armed forces is mostly tried to be ensured by the application of military penal laws, which include crimes and punishments arising from the nature of military service.  Military criminal or military discipline law is therefore of vital importance. Because the regular and orderly functioning of the army can only be ensured in line with these rules. A lawyer who is involved in the trial of military crimes is called a military criminal lawyer. In other words, military criminal lawyer is the lawyer who handles the cases listed above. 

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To Whom Is Military Criminal Law Applied?

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• Officer

• Petty officer

• Expert Gendarmerie

• Specialized Officer

• Privates and Privates

• Military Students

• Reserve Soldier Persons

• Civilian Staff

• Civilians by Case

• Foreign Military Persons

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What are Military Penalties?

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1-) Principal Penalties

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• Prison sentences

• Aggravated Life Imprisonment

• Life Sentence

• Term Imprisonment (It cannot be less than 1 month and more than 20 years.)

• Judicial Fine (As a rule, the Military Penal Code does not envisage judicial fines. However, it may be stipulated in the articles of the Turkish Penal Code to which it refers.)

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2-) Ferry Penalties

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• Removal from the Turkish Armed Forces

• Reclaiming Rank

• Dismissal from Military Student

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3-) Military Misdemeanors

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• Eye confinement

• Chamber confinement

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If you have a military sentence, it will be in your best interest to work with a military criminal lawyer.

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Military Criminal Law

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military crimes;In addition to purely military crimes, which are only included in the Military Penal Code and can only be committed by military persons, such as desertion, persistence in disobedience, assault on the superior or superior, threat to the superior or superior, active acts of inferiority, rebellion, mischief, making oneself unfit for military service; Although elements such as neglect of duty, bribery, negligent injury, espionage are fully or partially regulated in other laws or the Military Penal Code, they are crimes similar to military crimes, which can be committed by non-military persons and whose purpose is to protect a military benefit. Lawyers dealing with these cases are called military criminal lawyers or lawyers dealing with military cases.

 

• military crime;"For crimes committed only by persons bearing the title of military person, by violating a military service or duty, the elements of which are partially or completely stipulated in the general penal laws and are regulated separately by the military penal laws or are included in the scope of application of these laws due to the reference made," crimes intended to protect a military benefit, which can also be committed by individuals, are defined as military crimes.” 

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Military cases are a very limited area in our country, which is of interest only to the military. In military criminal cases that arise in the event of violation of the rules clearly stated in the Military Penal Code, it is of vital importance that the military criminal lawyers who are experts in the field do not lose their rights. The results of such cases can have vital consequences for individuals on the grounds that they are criminal cases. For this reason, it is of great importance to get legal support from a military criminal lawyer who is an expert in the field of military cases. Military litigation is an area that requires expertise and no room for error. In case of error, it is possible to encounter irreparable penalties. For this reason, it will be in your best interest to get the legal support of a military criminal lawyer.

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Military Discipline Law

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Military disciplinary law numbered 6413, internal service law numbered 211, military penal law numbered 1632, the Military Court of Cassation, the cases that are now submitted to the Administrative Court, the Criminal Court of First Instance and the High Criminal Court, material and moral disability related to ordinary, duty and war disability. Administrative compensation cases, pecuniary and non-pecuniary damages within the scope of private law, compensation cases regarding the personal rights of military personnel, dismissal from duty and annulment of disciplinary punishments are within the scope of military disciplinary law.

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In the Military Discipline Law;

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• Given by disciplinary chiefs; warning, reprimand, part-time continuation of service and cut from salary.

• It can be given by disciplinary boards and disciplinary chiefs; penalties for not leaving the place of service and imprisonment.

• Given by high disciplinary boards; Administrative lawsuits to be filed by the administrative court for the annulment of the dismissal from the armed forces and for the suspension of their execution are within the scope of the Military Discipline Law.

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Attorney Muhammed Sarıkaya Law Firm carries out many lawsuits throughout the country on military discipline law and helps the grievances experienced within the framework of the law.

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Military Lawsuits

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Persons who are investigated and prosecuted within the scope of the Military Penal Code are treated like normal criminal cases. Because the military judiciary was closed and the civilian judiciary took over this task.

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However, the applicable legislation is the same Military Penal Code. The cases considered within the scope of the aforementioned Military Penal Code consist of the following cases:

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• Cases under domestic service law.

• Negligence and abuse cases.

• Riot cases.

• Emre Disobedience cases.

• Escape cases.

• Permission infringement cases.

• Subordinate and superior action lawsuits.

• Cases of destruction and abandonment of service-specific goods.

• Cases of reckless and deliberate murder.

• Cases related to crimes within the scope of the authority to use a gun.

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The Military Penal Code is far from being an independent law on its own. Its connection with the Turkish Penal Code and the General Criminal Law is intense. In military criminal law, crimes are divided into two as military crimes and misdemeanors according to their weight. Disciplinary offenses are prohibited acts in a semi-misdemeanor semi-disciplinary sense, so to speak. The most important feature that distinguishes this branch of law and its structure from the civil disciplinary law is that the acts that are prohibited in the disciplinary sense are tried in a disciplinary court, which is a military court, and that a penalty or fine can be imposed.