MILITARY COURTS AND LAW ENFORCEMENT LAW ENFORCEMENT LAW ENFORCEMENT
Kanun No. 5530
Accepted Date: 29/6/2006
MADDE 1- dated 25/10/1963 and the 353-numbered Military Courts And the first phase of the 3rd Amendment of the Judge Procedural Code is to be started.
" The officers who will be in the military courts will be at least a hundred years old, and they are not the same as the subordinate and the They would not be the most immediate supervisor for the duration of the trial, and have not been convicted of a crime, except for the crimes of the person. "
MADDE 2- The first of the 10th item of the Code 353 (A) It has been reported in the same way as it did.
" A) Musakzef soldiers; officers, subordinates, military professionals, expert gendarmes, expert erbareds, erbatics and They are, "
MADDE 3-353 of the Code 353, along with an article 11 It has been reported in the following way.
" The foreign troops will be held in the military courts:
MADDE 11-Requires foreign troops to stand trial in military court when international deal is required The Ministry of National Defence's permission is to be asked for its crimes and the prosecution's permission. "
MADDE 4- The 13th of the Code 353 is in conjunction with the following It has been reported in the following way.
" Crimes against the Military Penal Code of Civil Service at the time of the day of the Barn:
ARTICLE 13-The Military Penal Code 55, 56, 57, 58, 59, 61, 63, 64, 75, 79, 80, 81, 93, 94, 95, 114, and 131 If the crimes of the military courts are to be held at the time of the peace, the provisions of the Military Criminal Code shall be conducted by the administrative courts, by the use of the provisions of the Military Criminal Code. "
MADDE 5- 353 of the Code 14 (G) and (H) of the Law It has been added and added to the same item (I) has been added.
" G) 1632, 55, 56, 57, 58, 59, 63, 64, 75, 78, 80, 81, 93, 94, 95, 100, 101, 102, 124, Cases related to crimes written inmaddelerinde, 125, and 127 nci ,
H) in the area of the Islamic movement, in the areas of first-degree military-forbidden zones, or in posts at the posts At the military institutions, military institutions, the building and accommodation used in the building and accommodation were reported to the soldiers within 26/9/2004 and the 5237-numbered Turkish Penal Code was published in Articles 86, 106, 108, 113, 125 and 265 that were used in the military. cases,
I) This is the military service of duty, patrol, outpost, inzibate, military traffic, armour or rescue and assistance. (H) cases of crimes written in the people who were doing the tasks in the process. "
MADDE 6- The 19th of the Code 353 is in combination with the It has been reported in the following way.
" View with single judge and board:
MADDE 19-Subofficer and petty officers are charged with criminal penalties, except for cases related to crimes they have been involved in. He is one of the members of the Military Penal Code and other members of the Military Penal Code, which requires jail time for up to three years, and one of the members of the military courts whose crimes are not the subject of criminal proceedings. It will be looked at.
tasked with looking at the price that requires the right to be charged, the company is responsible for the trial of the following. in court. The same sentence applies to the verb. In conjunction with the officer and the petty officer of the crime, the first fiirate provision is not applied.
In the first frame, any decision-making decisions that require the judge to decide on the crimes are made, It is issued by one of the members of the military court, who is a member of the court. The nearest military court is authorized to review the objection to these decisions.After the adoption ofÝddianamenin, the decision was made with the requirement that the judiciary should be executed by the sole judge.
The only judge and the military court board are investigating the case of the military tribunal. Judicial solutions. "
MADDE 7- 353 of the Code 353, in the form of It is currently being started.
" MADDE 20-Er and erbareans and reserve officers were pushed before they were drafted or under the gun. The cases of crimes that require prison sentences of up to two years are left behind until they are finished with the prosecution and the prosecutaries.
This provision is not applied to reserve officers for crimes that require a conflict from the Turkish Security Forces.
In the war, all soldiers under the gun or under the gun are in court against the court of justice. For the crimes that have entered the post, including those that require more prison time and more prison sentences, back to the end of the campaign or the arrears of criminal prosecution and prosecution of crimes that have been found in the city or other crimes. It will be done.In the case of the war,
is about the military team that is in charge of the military court, except for the crimes of the past. The process of criminal prosecution and prosecution has been restored until the end of its military or military service. However, the military court, the military tribunal's chief or military officer, may ask for the military prosecutor's office not to implement the provisions of the military interests and obligations:
A) Crimes that require additional jail time and more jail time.
B) The 3rd father of the Military Penal Code is the first, third (with the first seal of the 63rd Amendment) and 76 and 77 nci. Except for items), fourth, fifth (82, 83, 84, 95th, 95th), seventh chapter crimes, and so on.
C) Crimes of 130, 131, and 137 of the Military Penal Code.zamanaþýmýDoes not process the time in the back of the time period. "
MADDE 8- 353 is the second, third, and third of the number 21 is added to the fourth fans, and is added to the item in the event of coming after the second phase.
" Military court, military court, in which non-military men are charged with military charges It is the military court that is in charge of its direction. "
" He was in war, he was running out of crime, looking at him, looking at him and looking for him, and he was gonna be there. The reserve officer candidates who commit the crime by not taking the time to the centre of the distribution of the leader are being tried in the military court, which they are given following their education, "he said."
" In war, they were found to have been registered, accused of running and looking for a backup officer, who was a substitute for the search. They will be held in the military court, where the soldiers of the army are in love. "
" If in war, crimes that do not involve soldiers in military courts, blame the crime. The nearest military court is the one where it's started. If the crime is to be committed, the official military court is set for 4/12/2004 and the number 5271 is determined by the Criminal Procedure Law. "
MADDE 9- 353 of the Code 353, in the form of article 22 It is currently being started.
" MADDE 22-What military court is authorized by the military tribunal is to blame, blame it on the criminal charges. They are the jurisdiction of the military court, where they are united or are found to be in the area of the military court, where they are located.
The authorized military court has previously been able to capture or ask for more than one. The military court is the commander of the military and the military authority of the military authority. "
MADDE 10- 353 of the Code 353, together with the It has been reported in the following way.
" Authority for multiple-court men:28-A crime has a few things in place, and if there is more than one military court authority, it is relevant. The military prosecutors will decide which military prosecutor's office to do all about it. If they do not, the prosecutor will appoint the National Defense Minister who will make the question.
At the end of the asking party, the civil prosecutor's office has been prosecuted for all of the following. It may be opened in the military court, where it has been found in the country.
has filed a lawsuit against one of the men's military prosecutors at the request of a military prosecutor. The military tribunal is to be appointed by all of the men in the case. "
MADDE 11- 353 count It has been reported in the 32-nci clause of the law.
" MADDE 32-Second, before questioning in the trial of authorisation not to be in the direction of the rank and rank, report.
The military court on the allegation of authorisation has been decided before the question of the law. The courts cannot decide on this issue, as it may not be claimed after these purposes. "
MADDE 12- The 33rd of the Code 353 is in conjunction with the following It has been reported in the following way.
An unauthorized military prosecutor and military court's trial and prosecution:
MADDE 33-Authorization and prosecution actions conducted by the military prosecutor and the military court, It is not void only because of the authorisation. "
MADDE 13- 353 of the Code 353 is accompanied by article 37 It has been reported in the following way.
" The judges are unable to take care of the case, and the judge has refused:
MADDE 37-The Judge is a military officer in the state of the Criminal Procedure Code and related to the case. The court would not be able to do its duty if the court was to report to the established part by its commander or military officer, or if it had reported to the vak with the amir of the court.
At the end of a judge's rejection, based on a cause in which the judge may not be able to look at the case. is not available. "
MADDE 14- 353 of the Code 46, along with the It has been reported in the following way.
" Military prosecutors reject and hesitate:
MADDE 46-Military prosecutors cannot be denied. However, if the judge is unable to look at the case or one of the judges ' reasons for rejection, they will be afraid of the case. "
MADDE 15- The 49th count of 353 is in combination with the following It has been reported in the following way.
" Tbligat and print-out:
MADDE 49-The court is a senior judge or judge, all legal or legal entities, all real or private legal entities, or make relevant information about public institutions and organizations.
The decisions to be executed are provided in the military prosecutor's office.
In the Military Yard, any decisions or decisions to be made to the military are given to the Military District Attorney. The prosecutor will take the necessary measures for the tebliotor or replacement. "
MADDE 16- 353 of the Code 353, in the state of the Code It is currently being started.
" MADDE 59-Soldiers of the military, with the order of the union commander or the military authority of the military. They are brought in."They can be brought in by force in the fight against detainers and prisoners of war," he said.
MADDE 17- 353 of the Code 353, together with the following It has been reported in the following way.
" At military sites:
MADDE 63-Military unit commander or military institution supervisor at the military sites is aware of the . "
MADDE 18- 353 of the Code 353, along with the 69 It has been reported in the following way.
" Arrest verdict:
MADDE 69-Arrest verdict; military prosecutor's office or military tribunal set up in the trial phase At the request of the commander of the military or military authority, the prosecution is granted by the military prosecutor's office or by the military court.
The military tribunal has asked the military court to arrest the commander or military officer of the military. He will report this request, along with his motive, to the military prosecutor. The military prosecutor is obliged to take this prompt to the competent military tribunal. "
MADDE 19- The 71st of the Code 353 is in combination with the following It has been reported in the following way.
" Reasons for arrest:
MADDE 71-Criminal Procedure Law in case of facts indicating the presence of a strong criminal act the arrest of one of the reasons for the arrest or for the protection of military discipline may be a decision of the arrest or the right to an arrest.
The arrest decision was made in military crimes, even if the top of the law was less than a year ago.. "
MADDE 20- 353 of the Code 353, along with the other It has been reported in the following way.
" Who will be notified of the February issue or the arrest of the suspect:
MADDE 73-from the arrest or arrest of the suspect, the relatives of the military court, the commander of the military, or the He will be informed of the military unit commander, or the military institution supervisor, whether he is a military institution or a man of the military. "
MADDE 21- "Arrest" in the 74th clause of the Code 353 "the decision of the decision" is the "most" in the decision to arrest, "as in the case", and the latest issue, "the latest issue."
" However, if the court, which is reviewing the objection, has decided to arrest the suspect or the man, the man or the other, The military court may object to the nearest military court, with the exception of the military court, the military court, or the military court in the military office, which has been in the state of appeal. The decision of this court is final. "
MADDE 22- 353 of the Code 353, in the form of article 75 It is currently being started.
" MADDE 75-During the period of time in which the office is in detention and at the latest, thirty-day periods It is decided by the military court to consider the provisions of the 71st clause in the military prosecutor's request to determine whether or not the detention should be held. This decision is to be made to the president.
A review of imprisonment may also be requested by the upstate in the time forecasted above.The military tribunal's decision in the history of the
Department of Jurisdiction is the military tribunal's commander or commander of the military court. The military's chief, the military prosecutor, and the president can appeal to this court in three days ' time, at the nearest military court. The ruling by the military court, which is reviewed, is final.
Military court; under arrest, the detainee should be held at all times, Whether or not the military prosecutor is asked to commit until the end of the trial, whether in the session or in terms of conditions, or by reviewing the re 'sen '. "
MADDE 23- The 79th of the Code 353 is in the same way It is currently being started.
" MADDE 79-In the state of the United States, the military is temporarily can be captured:
a) not to find fault in person.
b) A top-of-the-charge verb; determine whether or not to escape the monitored part. Do not find the one.
In the case of a warrant or arrest warrant, and a delay in the delay; the military If there is no immediate prosecution, the superior, the military, the police station, the guard, the military, the military and the law enforcement officer are authorized to capture the military.
First-party rule, official dress officer, petty officer, and military officials, but only the criminal court. is applicable in the crimes that have entered the task. "
MADDE 24- 353 of the Code 353, along with an 80 It has been reported in the following way.
" The capture and detention of anyone caught in the query:
MADDE 80-Immediately return to the nearest military inzibat station or military office The event will be held at the scene until the authorized military service is in place.
The military prosecutor and the Republican prosecutor's office were immediately briefed on the incident and the incident was immediately available. It will be done. News is notified of a near-capture or undue delay.
If the captured part is not left by the military prosecutor or the Republican prosecutor's office, It is decided to keep it in custody.
The detention period is required to be sent to the nearest military court or magistrate instead of the capture, except for the mandatory duration of the It cannot exceed twenty-four hours from the moment of capture. Mandatory time cannot be more than twelve hours to be sent to the nearest military court or magistrate, rather than the capture.
In a batch of crimes, the nature of the crime, the difficulty in gathering evidence, or the number of violent crimes. May order the military prosecutor or the state prosecutor's office to be extended for three days, not to exceed one day at any time, in any case. The prolonged extension of the detention order is still available to the cell.The military prosecutor or the Republic of
capture, detain, and extend the detention period An official, self-defense or legal representative of the prosecutor, who is caught, or the first or second degree of blood, may refer to the military court or the magistrate to ensure that he is immediately released. The military court, or the magistrate, is still doing the examination on the paperwork, and it finally turns out to be twenty-four hours before the start. If it is in place where it is in place to capture or take custody or to extend the detention period, it will be rejected.
The fourth and second firecrals are scheduled to be held in front of the military court for questioning. It is issued; it is sent to the nearest magistrate if it is not possible to avoid the military court. Once these times have passed, the court or judge will not be devoid of the liberty of being determined.
The military court or the magistrate does not see or eliminate the need for capture or custody. If he is found, he will order the release of the person who is detained. "
MADDE 25- 81 pearl of the Code 353 is accompanied by the following It is currently being installed in the same way.
" The following is the introduction of the rosehole or the following:
MADDE 81-Soldier ' s senior military commander, who has been found to receive statements or questions. Or they will be brought in with the order of the military authority.
Prisoners are sent in containment.
In the war, non-servicembers and cenaries can be forcibly brought before an invitation. "
MADDE 26- The first fund of the 84th item of the Code 353 It has been reported in the following way.
" The military prosecutor said that a man who was a soldier was temporarily taken out of the process of being asked to do so. if he sees it necessary, he will ask the military court, the authority of the military authority, or the military authority, in order to make a decision on this matter. The commander or commander of the military authority makes the decision within three days at the latest and reports the result to the military prosecutor. "
MADDE 27- 353 of the Code 353, together with 85 It has been reported in the following way.
" reshudahead of the number of mugns:
MADDE 85-The number of defense interventions can be lost. "
MADDE 28- 353 is the first and fourth item of the Code 93 The following is the case that is already being used in the following features.
" A verbal and written densities and complaints by military men for military crimes, with the road to the silverer It is the military office that is the chief of the robes. "
"A verbal or written notice and complaints from military people, Criminal Procedure Law," The provisions of the office are authorized to the competent authorities or to the military office, which is the supervisor of the office of the president. "
MADDE 29- 353 of the Code 353, in the form of the 95 It is currently being started.
" MADDE 95-Criminal reports of military assistance to the Commonwealth prosecutors or officers and civil servants. The complaint is sent to the office of the office of the chief of the office.
Military unit commander or commander of military institution has informed him of a complaint or grievance. He has been charged with disregarding the crimes of the military courts, whose crimes are being held in the military court and the evidence of this crime, and he arrans a report on the evidence of this crime, and he was founded in the state of the military court in which he was found to be in the name of the military. It sends it to its commander or military supervisor.The military tribunal's chief, or chief of military authority, after examining the crime scene, the military tribunal has been in military service. If he sends it to the DA' s office and asks for his arrest, he'll let you know what he wants.
In the criminal tribunal's mandate, military prosecutors are immediately in charge of the crimes or delay of the criminal proceedings. They're going to start asking. This can also be done by a disciplinary officer if required. In these cases, the situation is immediately reported to the commander or military supervisor of the military court.
Republican prosecutors and officers and military chiefs are on the move until the military prosecutor's office is to confiscate it. They will prevent the loss of the squabby and the loss of their evidence, and take the necessary measures in the delay. "
MADDE 30- First, with respect to 96 ncis of Code 353, first, The third and fourth fives are also being started.
"As soon as the military prosecutor says that a crime has been committed in the 95th article, it is not the case that the public prosecutor's case has been committed," he said. Make a decision to decide if there is any need for it to be opened. "
"Even if he is guilty of his crime, your self-time must be asked."
" The military prosecutor's office says law enforcement agencies are investigating the fact that it is possible to investigate the fact that it is not possible. It is responsible for collecting evidence in favor and against the power of the president and protecting the rights of his robes by collecting evidence against and against his will. "
MADDE 31- The 97th of the Code 353 is in the form of right It is currently being started.
" MADDE 97-The military prosecutor, through both military, official or other law enforcement officers, both of which are It can do any kind of research; it can ask all public officials and special installs to ask for any information that is available.
Military prosecutors can instill state prosecutors with military prosecutors.
Military, official, and other law enforcement officers are without delay all orders of the military prosecutor's office to replace them. These orders are written; they are given orally in a hurry. An oral order is also reported as soon as possible.
Public servants are also required to provide information and documents needed within the scope of the ongoing question. It is obligated to assure the military prosecutor without the time. "
MADDE 32- The first fund of the 103-point Code of the Code 353 It is currently being started in the following way.
" If this is necessary to involve a person or a crime in the case of the question, The military prosecutor has the power to make this question as it is. "
MADDE 33- 353 of the Code, with respect to the Code 107, is It has been reported in the following way.
" Appeal to the decision not to include the operation:
MADDE 107-The military prosecutor's office has ruled that there is no room for the military's prosecution. It is reported that the Kite was founded, and he is reported to have been harmed by the military and the military and the military.
The military tribunal's commander or military authority, or criminal mischief, has been involved in this decision. They can appeal to the military prosecutor's office, which is determined by the decision of the military prosecutor, who made the decision within ten days of the decision, after the decision was made to appeal to them. If the order of the military court is the closest, it will be taken away by the Ministry of National Defense. There are events and evidence that will show the right of public prosecution at the time of the attack. "
MADDE 34- The first and second of the 108 counts of the Code 353 The following is the case that is already being used in the following features.
" The file that has been put into question by the military prosecutor's office at the time, will examine the objection. It will be sent to the military court.
"The military court has notified the state of the state to appeal for a statement if it has a statement." option. "
MADDE 35- The second number of the 109th of the Code 353 It has been reported in the following way.
" The Ret decision was damaged by the crime; the following objection is the military court, the military court, or military authority. If it is done by the supervisor, you will be notified of this article, and will be reported to the military prosecutor and to the president. "
MADDE 36- The first receipt of the 110-point code of the Code 353 It has been reported in the following way.
"If the military court claims that it is in place and right, you will not be able to open a public prosecution on the right hand." He decides that he is necessary, and sends the papers to the military prosecutor. "
MADDE 37- The first fund of the 111 pearl clause of the Code 353 It has been reported in the following way.
" The military prosecutor's office has not been challenged or objected to during his term and has appealed for his term. "If there is no room for a dismissal that has no objection to the cause of rejection or cause of reason for not being caused, the Ministry of National Defence may order the military prosecutor to continue with the investigation or to open a public case."
MADDE 38- 353 is the second and third part of the Code 112. It has been reported in the form of the fans.
" The commander or military officer of the military court, who was in charge of the crime and was in charge of the crime, was the commander or military officer. The institution supervisor can object to him in the day of the day. "
" The provisions of Article 107, 108 and 109 of this appeal are applied. If approved, the military prosecutor will decide on the outcome of the question. "
MADDE 39- 353 of the Code 353, along with the 115 It has been reported in the following way.
" objection to the return of the people of the people:
MADDE 115-Military prosecutor's appeal to the nearest military court within seven days of the indictment's extradition. ".
MADDE 40- 353 of the Code is 196 items in the Code It is currently being started.
" MADDE 196-Kanun roads, military prosecutor, man, censure and massacred, did not agree on the decision to endure, rejected The military tribunal will open its commander and military authority to the military court, with those who have been harmed by the crime, which may have taken the weight of it or the fact that it may have taken the fold.
The military court and the military tribunal may also be able to enter the law in favor of the commander or military officer, or in favor of the military, " the military said.
MADDE 41- 353 of the Code 202 of the Code is in place It is added to the material in which it is installed and in the material.
"Decideed decisions and objectationists:"
"The military court examines the most important objections to the non-convicted people in this Law."
MADDE 42- 353 of the Code 353, in the form of the 205th It is currently being started.
" MADDE 205-The provisions of the military courts can be appealed.
The provisions of the 15 years and more imprisonment are the appeal of the appeal itself.
A) to the acquittals of criminal charges that require a maximum penalty of not passing the first day of the year,
B) to the most specific provisions in the law,Thekarþýdecision cannot be appealed. The provisions of the Article 243 of the provisions may be reprinted on the Military Service. "
MADDE 43- The first and second of the 207 items of the Code 353. The first sentence of the third party, with the storm, is the addition of self-added to the third storm.
"The appeal is based on the reason that the rule as a rule is in violation of the law."
"A rule of law does not enforce or enforce a response to law."
" If not shown in the petition or statement of the appeal, legally, the law is in strict order. Default: "
"I) is based on evidence that is obtained by the law in violation of law."
MADDE 44- 353 of the Code 353, along with a product of 212 It has been reported in the following way.
" An Israeli appeal, and a theme:
MADDE 212-Appellate for appeal, if appeal is not shown in the appeal or statement Due to the expiration of the term, or if the provision of the provision has not yet been reissued, it may be given to the court of appeal within seven days of the sentence, which covers the grounds of the court of appeal.The commander or military official of the military court, the military or military prosecutor, on the day of the appeal. It would indicate that the reasons for the shooting were against leh and against them, and that they would be prompted with their rationalines. This is a matter of interest. The English can report answers to this in seven days from the date of their contact. "
MADDE 45- 353 of the Code 353, in the form of a It is currently being started.
" MADDE 216-Appeal and its statement and, if applicable, the provisions of the appeal, military Along with the prosecutor's files, he sends it to the Military District Attorney's Office.
Military Lt. General's office, even if they appeal or appeal the verdict. If any of you have the right to act against them, you must have the right or self-defense, or you have to be with your surrogous. The relevant side may respond in a week from the theme. The military judge sends the case to the Military District Court, with the address of the President.
The number of themes that will be made in order to do so are related to the final addresses specified by the case file. is valid. The provisions of Article 262 and 263 of the Criminal Procedure Code are withheld. "
MADDE 46- is the first and first of the number 218 of the Code 353. In the event of the storm, it is currently being started.
"Review the status:"
" To serve as a member of the Military Judiciary, to which ten years or more imprisonment may be served, or to On the appeal of the appeal, or if you're a court of law. The trial of the work, more than a year in prison terms, will see the Military Yard need to see the need. From the day of the trial, it is reported to the floor, to the floor, in self-defense, and to the deputy. He may be able to represent himself with one or several interventions, as well as being able to be present at the moment of the trial. Until now, the 85th clause has been ruled out. "
MADDE 47- The second case of the 219th clause of the Code 353 It has been reported in the state of the city.
"After the opening of the report, the Military District Attorney General's office said," The claim, defense, involvement and proxy. " They open up their defenses. Among them, the entity that asked for an appeal is heard first. It's the last word. "
MADDE 48- 353 is the second number (A) of the 220 nci items of the Law and (F), and (F) selves that are not in the process of being.
" A) is a fixed, unsub and non-high fixed value that is not required to be allocated rather than to be allocated more. if the sentence is to be ruled by the sentence, "
" F) information and information in the file, not having an effect on the legal nature of the criminal law and the application of the criminal application. If you have made a mistake in the history of the crime, which is possible to do so in the first place of documentation and to be able to do discretion, if the fault is made possible, "
MADDE 49- 221 of the Code 353, in the form of section 221 It is currently being started.
" MADDE 221-Military Yarothay, due to the appeal of the appeal to the nature of the law which will affect the It will be.
is a violation of the law, and if this provision is caused by what is determined as a basis, they are It breaks down at the same time.
207 nci provisions are saved. "
MADDE 50- 353 of the Code 353, in the form of article 222 It is currently being started.
" MADDE 222-Military Judge appeals for appeal, declaration and execution, and these are the issues that have been put forward. It examines whether or not they are legally required to handle the provision of provision in a provision of provision of provision. "
MADDE 51- 226 of the 353 Code of Law, in the form of a It is currently being started.
"MADDE 226-If the government is corrupt in favor of the art, and these considerations are not at the appeal of the defendants" If they are to be applied, they will benefit from the deterioration of the provision at the appeal. "
MADDE 52- 353 is the third and fourth of the Code 227. The following is the case that is already being used in the following features.
" The government, either alone or in favor of the military prosecutor or the military court in its favor, has been If the commander or military institution supervisor or 196 articles have been appealed by anyone shown in the article, the reissued provision cannot be more than the sentence determined by the previous provision.
An invitation to an invitation or an invitation to not be included in the file's addresses in the file, defense, and proxy. Although they have not come to the trial, they may have been told to continue to settle, but they may end up in trial proceedings. However, if the penalty for the delusion is more than the punishment that is subject to the decay, then it must be laid to rest. "
MADDE 53- 353 is the fourth part of the Law It was the first fikraine (F) of the 228 pearl material, and the second phase was added to the material.
"Refreshing and Exploiting Law Benefit"
" F) Violation of the Criminal Code, the Rights of the United States, and the Protocol (s) of the Protective Protection of the Rights and Freedoms It is based on the final decision of the European Court of Human Rights, if it is based on this month of operation. "
" Rerenewal of the benefit of the First Minister (F) as specified in the European Court of Human Rights. It may be requested within a year from the date that it is committed to. "
MADDE 54- Fıkra, in article 232 of the Code 353 is added.
"This item does not apply to the first of the second (E) section of the 228-pearl material."
MADDE 55- 353 of the Code 353, along with the other It is currently being installed in the same way.
" Do not disturb the law:
MADDE 243-Law issued from military courts and is subject to legal judgment and provisions in the Military Yard. The Minister of National Defense, who has been found to have been a part of the law, could be on the way to the benefit of the law in that decision or conviction. If it does not, the Military Judge will report his legal reasons, stating his legal reasons for the Military Yarotay.
Author of the Military District Attorney's office will only write these reasons, and use it to help the Military District.
The Military Judge breaks the decision or provision if it sees these reasons in place.
Reasons for Bozema;
A) If a decision is subject to a resolution that is defined in Article 223 of the Criminal Procedure Code and does not solve the case, The judge or court, which decides, will redecide as a result of the required review and investigation.
B) Remove Or Discontinue the right to an inmate's unsolvable direction or defense The outcome of the decision is given according to the judge's decision or the outcome of the trial, which will be redone in court. This provision could not be more than the sentence determined by the previous provision.
C) If the case is resolved and the convicts are in a state of conviction, the result will not be inconclusive and will be reposted It does not require a judgment.
D) If the sentence requires the removal of the sentence, you will need to remove a lighter, lighter pocket. If required, this light sentence shall be ruled by the Military Judge.
The distorting decision cannot be resisted by this article.
The law enforcement authority is intended to be specific to the state of the fourth fan (D) and as the benefit of law. ' You can also be used by the Military District Attorney.An additional military service is under the jurisdiction of the
National Defence Minister for the benefit of law enforcement. It cannot be used by the prosecutor's office. "
MADDE 56- is the first of the 244 clause of the Code 353 , and the seventh friars are now well-known.
"When, how and when the security measures will be met:"
" Criminal provisions issued by military courts are not fulfilled unless they are committed. The relevant provisions of the Law 13/12/2004 and the Right of the 5275 Code of Criminal and Security Measures in this Law and the Military Penal Code, if no provision has been made, provided the sentences and security measures are met. from the server. "
"In the military detention and detention of penalties, the Ministry of National Defence will be charged with the execution of what is to be executed." is shown in the regulation. Disciplinary measures and measures to be imposed on convicts and detainees in military detention and detention are also subject to the provisions of the Criminal and Security Measures. Disciplinary court sentences are issued by a member of the court of the military court. However, the emergency sentences will be imposed on the emergency military prosecutors or military criminal and detention authorities, and the judge is presented to the judge. "
MADDE 57- The first receipt of the 248-number Code of the Code 353 It has been reported in the following way.
" The provisions of the war, military courts, cannot be appealed. The provisions that include ten years of imprisonment and more imprisonment may be appealed to the military court of the military or the military authority of military authority. "
MADDE 58- The first receipt of the 249th clause of the Code 353 It has been reported in the following way.
" In war, the military courts and the Turkish Armed Forces have failed to withdraw from the ranks. Or, except for penalties for losing or requiring the loss of military law, the fulfillment of other prison sentences, the Turkish military court, on the prompt of the commander or military authority of the military, the Turkish military. Commander of the Forces, or the other commanders he authorized. back to the end of the war. "
MADDE 59- 353 of the Code 353, along with the other It has been reported in the following way.
" Decide decisions and objections to the fulfillment of penalties:
MADDE 254-In order to meet penalties, do not rule out the real reverence before the verdict is finalized. It is a decision to reduce the amount of time spent in the hospital with passed periods due to the deities, collect the sentences in the current provisions, and to pause in the account of the conviction or account of the prisoner's verdict. If necessary, the ruling from the military court. prompts. These decisions are made available to you.
Before the decision is made, they may be asked to notify the military prosecutor and the convicts in writing.The military tribunal that ruled
is removed and the nearest military court is decided by him.baþvurularThe results of the above are not to delay the execution of the cezant. However, it may decide whether the execution should be postponed or stopped, according to the court's privacy.
These decisions are made from military courts, the military prosecutor and the military tribunal established the military court. They can object in a matter of one week, with the command of the commander or the military authority, and if they are involved.
The Military Judge decides on the course of Israel. "
MADDE 60- 353 is the second and third part of the Code 255 It has been reported in the form of the fans.
"The provisions of the military's criminal penalties are met by the military prosecutors."
" The provisions of the criminal penalties for non-military people are to the general provisions of the Republic's prosecutors. It is replaced. "
MADDE 61- 353 of the Code 353, in the form of an additional part of the It is currently being started.
" ADDITIONAL ARTICLE 1-Unlike this Law, the Criminal Procedure Code of the Law of Penal Procedure is 109 to the first 115, excluding the provisions of the degasification report, 166 and the provisions of 1,285 of the articles 272 and 285, are also applied in the military judiciary.
In the implementation of this Law, the Minister of Justice, the Ministry of National Defense, who is involved in the at-risk provisions, The military service refers to the military court; the judge and the magistrate; the state of the court; the state of the republic; the military prosecutor; the Republican prosecutor, the military prosecutor, and the military prosecutor. "
MADDE 62- 18, 38, 39, 40, 41, 42, 44 /a, 44 /b, 47, 48, 50, 51, 53, 54, 55, 56, 57, 58, 60, 61, 62, 64, 65, 68, 70, 72, 77, 78, 89, 90, 91, 92, 99, 100, 101, 105, 106, 113, 114, 120, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 177, 178, 179, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 198, 245, 247, 251, 252, 253, 257, 258, and 10 with additional 2 nci items. The second, fourth and fifth of the Article 43, the second, third, fourth and second of the article 143rd, the fourth of the article 201, the third and fourth fives of the 217 nci, the third and fourth of its articles, 217. The third and fourth fives of the article, the third phase of the 244 clause, were the second and third of the 246 ncis. The fourth, second, sixth and seventh feats of the 248 pearl, with the seals, are still in effect.
MADDE 63-353 is the addition of additional scratch items that are in place of the count.
SUPPLEMENTAL PASSAGE 6-353-353 Military Courts of Procedure and Zoning Law, this Law and the according to the effective date of the current and effective date of the Act 23/5/2005 and the Effective Date of Criminal Procedure Code of 5320 and the Effective Date of the Act. It ' s actually applied.
The provisions of this Law, except for those who have been effective immediately after the effective date of entry, are It applies in the firing process.
has been decided by military courts before the effective date of this Law, and has yet to be finalised. The military prosecutor's office is given the position of the military prosecutor's office and is given a mandate to remain in court by the military. The decision could appeal to the military court, the military prosecutor, the military prosecutor, the military prosecutor, and the defense, if any, in a matter of weeks. The troops will be examined at the nearest military court. Appeal and appeal from these files are returned to the court of files, which are under investigation at the Military District Court and in the Military Yard.
MADDE 64- Three months after the release date of this Law, effective enter.
MADDE 65- The Council of Ministers executes the provisions of this Law.