Period: 21 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Act On Amendments Military Penal Code

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Law No. 4551 Date of Admission: 03/22/2000 Article 1 - No. 1632, dated 22.05.1930, under Article 3 of the Military Penal Code is amended as follows. Article 3 - military personnel; The lieutenant until Mareşald officers, noncommissioned officers, the Ministry of National Defense Turkish Armed Forces civilian employees in staff and organizational staff, experts and specialized gendarmerie sergeants, sergeants and privates are military students. Turkish Armed Forces and Ministry of Defence civil servants working on the staff of military personnel and organization attributes, dated 4.1.1961 and numbered 211 of the Turkish Armed Forces Internal Service Law is limited to the obligations set out in Article 115. Article 2 - Law No. 1632 dated 25.10.1963 and numbered 353 abolished by the Law Article 5 is amended as follows. Military people of crimes military committed in foreign countries Article 5 - military personnel in foreign countries, the Turkish military detachment, headquarters and institutions or other official duties they have committed in or during a prison camp military offenses, processed counted in Turkey. Even though about these provisions given in foreign countries, at the request of the Minister of National Defence of Turkey will be judged again. In this case, who were executed in a foreign country whether penalties will be deducted from the sentence. Categories of the different penalty, the court shall appoint downloading to do. Article 3 - Article 23 of Law No. 1632 (B) and (D) paragraph is amended as follows. B) officers, noncommissioned officers, the Ministry of National Defense and the Turkish officials Civil servants in the Armed Forces, on special officers and specialist sergeants: 1 up to four weeks probation, 2. Up to four weeks house arrest, criminal be given. D) on Military students: (excluding the military equivalent of middle and high school students with) up to four weeks imprisonment given room. Article 4 - 1632 Article 24 of Law no different with the title is amended as follows. Eye of the room and the nature of imprisonment, fulfillment and results Article 24 - officers, non-commissioned officers, officers of the Ministry of National Defense and the Armed Forces of the Turkish state officials, experts and specialized gendarmerie sergeants; A) of the eye imprisonment; 1. Official apartments, barracks, training areas continue to have the service in other places. 2. not going anywhere after the end of the service. They remain in the barracks or formal rooms. 3. not accept any visits except those relating to the service. B) in Room imprisonment; 1. If the penalty alone, as you can spend in a particular room in prison. 2. Orders can not give. 3. Public services can not. Military students to spend collectively in certain prison room in prison room. a guard at the gate of the prison rooms are taken. Article 5 - Law No. 1632 with the title of Article 29 is amended as follows. Feri military sanctions Article 29 - ferry military sanctions shall be imposed on military personnel will include: a) release of Turkish Armed Forces. B) The withdrawal of the rank. C) Revocation of military law student. Article 6 - Law No. 1632 with various Article 30 is amended as follows title. Turkish Armed of dismissal Forces Article 30 - The following written cases, officers, noncommissioned officers, about specialized gendarmerie and military staff indicated that the application of these penalties in private law, with military courts or judicial courts of the principal penalty, the Turkish Armed of dismissal Forces also provided. Even if these matters specified in the court order requires removal of the Armed Forces. A) negligent death, except for punishment of offenses, imprisonment, if conviction by a year more in prison, B) with crimes against the state personality simple and qualified embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, deceit except as disgraceful bankruptcy or degrading the honor and dignity of the offense or using and consuming contraband smuggling, official tenders and purchase rigging, state secrets from disclosure in case of conviction with a crime. Except for the punishment of negligent crime, the military courts with imprisonment for more than three months, the Turkish Armed Forces to remove the sentence can be given. Article 7 - Law No. 1632 with the title of Article 31 is amended as follows. Turkish Armed Forces and the results from the nature of dismissal Article 31 - the nature of the dismissal of the Turkish Armed Forces, the Armed Forces dismissed the convicts It is cut. These penalties, as well without the need for a provision; A) Loss of military rank and position, B) officers, noncommissioned officers, special officers and Turkey to be accepted again as a civil servant in the Armed Forces, leads to results. Article 8 - Law No. 1632 with the title of Article 32 is amended as follows. Military students to lose the criminal law, the nature and results Article 32 - The following cases written about military students, military courts or judicial courts; Revocation of actual military law student with criminal penalty is given. Even if these matters specified in the court order requires removal of the Armed Forces. A) the negligent death penalty except for the crime, if conviction to imprisonment or imprisonment for more than three months, b) the first paragraph of Article 30 subsection (b) in the case in writing. Except for the punishment of negligent crime, the military courts, the military lost a student of law with imprisonment of three months or less to be given the penalty. This penalty is also a provision without the need; A) a student of military adjectives, B) Active duty military personnel the right to take military training school, bearing the consequences of loss. Article 9 - Law No. 1632 with various Article 34 is amended as follows title. The implementation of the civil service of deprivation penalty for military personnel Article 34 - officers, non-commissioned officers, the officers Civil servants Turkish Armed Forces, special officers and specialist sergeants on if given the deprivation penalties from civil service, the ferry shall be subject to the penalty provisions that long to be revealed. This time is deducted from severance and retirement period. Obliged the sergeants and fulfilled after the demobilization of the penalty of deprivation of civil service for privates. in case of conviction to the penalty of deprivation of civil service for more than a year, this Law, the provisions of the Turkish Armed Forces for removing from. More than six months of tenure of deprivation penalty area and experts specialized gendarmerie sergeants Turkish Armed Forces are dismissed. Article 10 - Law No. 1632 with different titles Article 35 is amended as follows. The withdrawal of the rank of punishment, the nature, results, and instead of bringing Article 35 - The withdrawal of the non-commissioned officer in the rank imposed on the situations in Article 30. Although these matters specified in a court of law, the withdrawal of the rank process management as ex officio applied. The withdrawal of the rank penalty, reduced to the rank erlig taking back the prisoners, hidden from military service in special laws of nature and the consequences of unpopular leads to loss of all rights. This penalty is carried out by removal of suspended before the continent's rank. Article 11 - Law No. 1632 with various Article 39 is amended as follows title. Military courts issued arrest warrants for the soldiers and where the execution of the sentence and arrest warrant on Article 39 - which ruled on military personnel and penalties indicated below, No. 353 Military Courts within written guidelines for the fifth part of the Establishment and Trial Procedures Act shall be executed in the military prisons. A) Officers, noncommissioned officers, Turkish officials Civil servants in the Armed Forces, special officers and given on specialist sergeants and Turkish Armed remove the Force or from the civil service, severance or do not require the termination of the contract imprisonment terms. B) about the military, students and military students imprisonment shall be caused to lose by not result in the law. C) about Lance Corporal and privates, a year after being given the crimes they commit troops or less long imprisonment terms. Custodial penalties are inflicted in general prisons. During the execution of convicts on military outfit and marks are removed. General conscripts have completed their period of detention in prisons, they are delivered to the military authorities to complete the remaining military service. The decision of imprisonment of military personnel in the judicial bodies rights are subject to military detention facility as long as they preserve these attributes. military courts martial law and arrested civilians in war situations, they are subject to military prisons and detention centers. This is where the prisoners in the end, a consensus will be reached between the Ministry of National Defense and the Ministry of Justice are transferred to civilian prisons. Article 12 - Article 47 of the 1632 Law No. different title and (A) it has been amended as follows. Probation, and freedom can be applied instead of punishments and penalties and measures a) Third Babe of the Military Penal Code of the military courts can not be suspended for penalties for the crimes specified in the Fourth Moroccan and can not be converted at one or precautions fines. Babe of the same law can not be suspended for three penalties for the crimes specified in the eighth chapter, except for Article 5 and Article 130, with the exception of Article 84 of the third chapter. However, when the actual work with children under eighteen years of age, less than a year in prison when they are sentenced those who have entered the age of seventy-time provision may be suspended. Article 13 - Law No. 1632 with the title of Article 53 is amended as follows. Conditional release Article 53 - Military court by convicted by the military persons on conditional release and conditional release decisions withdrawal of issue No. 765 of the Turkish Penal Code and 647 numbered relevant provisions of the Law on the Execution of Sentences applied. Both military courts and military obligations to be completed if the conditions of both the court of the decision to evacuate the area, is completed by the evacuation. Article 14 - Article 67 of Law No. 1632 has been amended as follows. Article 67 - Following shall functioning military personnel, foreign to five years counted fled the country three years shall be punished with imprisonment. A) even if for any reason leave the foreigner without a permit to go to the country of frontiers beyond three day pass, B) borders of a military unit or duty place outside, sea or air from escaping in this case three day pass and C) outside the country borders a military together, sea or air from any reason separate fall of military or civilian, a Turkish official authority or allied government authorities to apply without three day pass as excuse, D) Harbor free while prisoners released and the military or civilian, a Turkish official authority or allies although he was born to surrender to state authorities the possibility to act, excuse as still remaining and spent three days in this case. The following cases are written up to ten years imprisonment for five years. A) the offender with a gun, ammunition, military equipment or supplies if that led to the A, B), while the perpetrators fled services, C) if the offender repeated. Mobilization and state of war, in a day of grace is written in this article. This is seven years those who commit crimes in the mobilization of the material, while the operating state of war is given is not less ten years imprisonment. Article 15 - Law No. 1632 with the title of Article 68 is amended as follows. Grace punishment of those arrested in Article 68 - Article 66 and 67 of those arrested in the period in which written material is given two months to six months imprisonment. In the situations below, the day is not required and criminal elements is increased. A) the offender with a gun, ammunition, and tools and equipment has led to the war, B), while the perpetrators fled the service. Article 16 - Law No. 1632 with the title of Article 71 is amended as follows. The withdrawal of the rank of Lance Corporal Article 71 - Trailing rape and allowed the withdrawal of the rank of non-commissioned officer convicted of a crime shall be imposed. Article 17 - Law No. 1632 with the title of various provisions of Article 76 is amended as follows. Prison or be means to escape or escape from prison in Article 76. - About Military prison or escape from prison or escape vehicle to be functioning criminal military personnel, the Turkish Penal Code Second Book of the Fourth Babe with the provisions of the Seventh Chapter apply. However, the military and prison time of six days or more will be given to people fleeing troops will be added to the principal penalty or imprisonment for not less than one year of freedom sanction. ARTICLE 18. - The Law No. 1632 with the title of various provisions of Article 77 is amended as follows. Eye or house arrest to escape the penalty spot, to comply with the execution requirements, the Dodge tool to Article 77 - Disciplinary courts and issued by the disciplinary superior eye or house arrest for those who leave the place it was taken criminal or those who fulfill the other execution conditions of the sentence up to six months in prison for a month It is issued. Eye or room to escape imprisonment over the same penalty also applies to negligence or to the vehicle or causing them to flee with indifference. Eye or the house arrest that take place in the actual leave, and has continued for six days or more, imprisonment shall not be less than a year. ARTICLE 19 - Law No. 1632 of the various provisions of Article 81 (2) of the paragraph is amended as follows. 2 - Penalties also apply to accomplices in the above paragraph. In less serious cases are given six months to five years imprisonment. Article 20 - Article 82 of the repealed Law No. 1632 together with its title is amended as follows. Supervisor or senior contempt and threats Article 82 - in service against collective military or while armed or service in the cases where superiors or accept the homage show or warn the respect that it is necessary to upper listening military personnel, are punishable by one year imprisonment for three months. Amir or superior to the threat by any means, six months of imprisonment up to two years. While soldiers or armed acts against public or if it was committed during service, imprisonment shall not be less than a year. Article 21 - Article 85 of Law No. 1632 of (1) the paragraph is amended as follows. 1. quarterly insulting a superior officer or senior with a year of imprisonment, if found to occur due or services pertaining treatment during insult services to three of the six months year shall be punished with imprisonment. Article 22 - Article 87 of Law No. 1632 of (1) the paragraph is amended as follows. 1 service for orders up to one year, one month and one soldier to ever warrant the fulfillment of the promise or flatly refused to act or orders those who comply with the order, although it was again, three months shall be punished with imprisonment of up to two years. Article 23 - Article 88 of Law No. 1632 has been amended as follows. Article 88 - Article 87 crimes in article writing disobedience; collective military against or weapons per warrant against or armed while or services partially or completely elude the intention of the makers of imprisonment up to five years six months, mobilization shall be punished with imprisonment for not ten years down the face of imprisonment and hostile to five years. Article 24 - Article 89 of Law No. 1632 of (1) the paragraph is amended as follows. 1 Emre disobedience result of which would endanger the life of a human being, country or military alliance's security or war preparation or training significantly violates or great harm constituting or military personnel that significant damage to another's property, a year, ten years imprisonment, the mobilization They shall be punished with imprisonment up to two years to fifteen years. Article 25 - Law No. 1632 with the title of Article 115 is amended as follows. Misuse of other way of their office clout Article 115 - Orders to authorize or civil service penetration from the affairs appointed by the legislation abusing another way, any natural or legal person or hung on an arbitrary process that makes or made the ordering supervisors or top up to two years, one month It shall be punished with imprisonment. This process is done to ensure a political purpose or personal interest or were ordered to do, act not to be given six months' imprisonment if the build down another crime. Article 26 - Article 130 of Law No. 1632 has been amended as follows. Article 130. - Military goods deliberately abandoned or partly or who completely destroyed, military personnel who are used to giving rise or special interest unwarrantable lost or ruined to the value of the goods, the importance, the amount of damage caused and two years of imprisonment of three months according to the actual perpetration of the shape shall be punished with. Incriminated goods; weapons, ammunition, combat vehicles or equipment if the penalty is increased. Lost, abandoned or deliberately causing the goods to be partially or completely ruined or destroyed shall also be obliged to recover the well. Article 27 - Article 131 of the 1632 Law No. different (1) second paragraph of the paragraph is amended as follows. In less serious cases, it can be sentenced up to three years imprisonment for six months. ARTICLE 28 - Law No. 1632 with the title of Article 132 is amended as follows. Superior, that steal something of subordinates or friends of Article 132 - a superior, the soldier who stole a thing of friends or subordinates, shall be punished with imprisonment from six months to five years. Article 29 - Article 143 of Law No. 1632 with the following title It has been amended. Article accepting Specification contrary to the goods or services 143 - food attached to the Convention, clothing, all types of manufacturing and construction and equipment or other goods and services, although they comply with the specifications and samples for contract acceptance or move those who are punished with imprisonment for not less than three years . If criminal acts are a heavier punishment according to law, penalties that are determined in accordance with the law. Be accepted or goods; guns, ammunition, war has been committed or if the vehicle or equipment mobilization or war criminal penalty is increased. ARTICLE 30 - Law No. 1632 with 148 different article title is amended as follows. Substances found in political activities 148 - of military personnel; A) who applied or entering any way a political party to be a member of political party, b) participants in the political aims meeting in or for the same purpose a political demonstration, CA) political purposes speech said, a statement that, writing or contained in suggestion, D) Political meetings official or plainclothes participants, e) prepare declarations of political nature as any reason, alone or collectively, have signed a prepared statement, deliver them signed or publication or distributors, act otherwise require a more severe penalty, up to five years one month shall be punished with imprisonment . These offenses, if committed in mobilization penalty shall be imposed as a double. ARTICLE 31 - Law No. 1632 with 153 different article title is amended as follows. Lewd anyone to get married or living substance such by anyone 153 - unchastity is understood that a person who marries intentionally or with matrimony in the resume or to have such a person in or near a husband and wife as soldiers who insist any in concubinage with no one living in permanent copies people about the expulsion of the Turkish Armed Forces is judged to be back on the rank sergeants. about anyone unnatural in mukarenet or the actual himself to the consent of the book of military personnel, even if acts of a different crime, as well as the dismissal of the Turkish Armed Forces, the withdrawal of rank to sergeants are given the penalty. Article 32 - Article 165 of Law No. 1632 has been amended as follows. Article 165 - The disciplinary penalties that can be given about military personnel are: a) Officers, non-commissioned officers, the Ministry of National Defense and the Turkish officials Civil servants in the Armed Forces, on special officers and specialist sergeants: 1. Warning. 2. Monthly Cut: Additional indicators, including gross salary of the suspended 1/30 - is making cuts of between 1/8. 3. Eye confinement: up to four weeks. 4. Room confinement: up to four weeks. Ministry of National Defense and the Turkish Armed Forces in the official government officials, chiefs only contempt and disciplinary punishment for the crime of disobeying orders. The relevant provisions of the law on other discipline disruptive actions are implemented. B) about Military students: 1. Warning. 2. Intrusion: up to six weeks. 3. Room confinement: up to four weeks. C) about Lance Corporal and privates: 1. Intrusion: Up to eight weeks. 2. Place the external service: up to four weeks. 3. Room confinement: up to four weeks. 4. The withdrawal of the rank (for Lance Corporal). Article 33 - Article 166 of Law No. 1632 (B) of paragraph is amended as follows. B) Monthly cutting is done through full pounds. Deduction amount not less than ten million pounds. Prison sentences are determined through a full day. not down to one day in prison. Article 34 - Article 171 of the Law No. 1632 scale (see Appendix 1) is amended ruler. ARTICLE 35 - Law No. 1632 with the title of Article 172 is amended as follows. and acting chief disciplinary Article 172 - The Disciplinary deputy chiefs, even if they possess the power to impose penalties as shown in the ranks of the staff they have power of attorney. ARTICLE 36 - Law No. 1632 with the title of Article 185 is amended as follows. Warning monthly cut, Intrusion and execution of external services as criminal in Article 185. - Warning monthly cut, Intrusion and external services as penalties are executed as follows. A) Warning: Grounded in the duties and behavior is notified in writing that he considered flawed. B) Monthly Disruptions: Suspended from the additional indicators, including gross salary is making cuts in the amount specified in the sentencing decision. C) Intrusion: Suspended inability to take advantage of the holiday week. D) Sequence External Services: Suspended in the military service, as and it operated outside is more than up to four weeks. ARTICLE 37 - Law No. 1632 the following was added. APPENDIX Article 7 - In this Act and the other laws; A) "Başgedikl" and "Personnel" and "Little Officer" phrases "NCO", b) "Public Efrat" to "Mass Soldier", "Efrat" will only "Lance Corporal and", "Nefer" to "is", C) "Tardini, the withdrawal of export and rank" ferry penalties (revocation of ranks prescribed for non-commissioned officer except fer the penalty), "removing the Turkish Armed Forces' fer the penalty, as amended. ARTICLE 38 - Located in the Law No. 1632; sheer imprisonment and the same law with provisions for the implementation of these penalties 33, 36, 37, 83, 86, 149, 152, 154 Article with Article 25 (4) of subparagraph of the first sentence, and article 134 (2) is repealed subsection . Article 39 - the date of publication of this Law shall enter into force two months later. Article 40 - This Law shall be enforced by the Council of Ministers. Annex 1 Table