Law No. 5530
Acceptance Date: 29/06/2006
Article 1 and No. 353 dated 10.25.1963 Organization of Military Courts and Trial Procedure, the first paragraph of Article 3 of the Act has been amended as follows.
"The army officer to be found in military courts, they are the veterans class of at least the rank of captain, the defendant's subordinates and except for trial during the crime the closest they have the authority and negligence, it is essential convicted absence of a crime."
Article 2 353 of Law No. 10th the first paragraph of item (a) has been amended as follows.
"A) Active duty soldiers; officers, noncommissioned officers and military students, special officers, specialist sergeants, sergeants and privates, "
Article 3 of Law No. 353 with Article 11 of the title is amended as follows.
"The prosecution in foreign military personnel in military courts:
ARTICLE 11 international agreements in accordance with the foreign investigations about military crimes for which they tried by a military court of the people and prosecute is subject to the approval of the Minister of National Defense."
ARTICLE 4 - No. 353 Law 13 along with the article title is amended as follows.
"Trial court in the subject of crime in the Military Penal Code of civilian persons in time of peace:
Article 13 of the Military Penal Code 55, 56, 57, 58, 59, 61, 63, 64, 75, 79, 80, 81, 93 , 94, 95, 114 and the crimes listed in Article 131, if committed in peacetime military courts by civilian persons not subject to the jurisdiction; The trial of these people, by judicial courts, the Military Criminal Code provisions are made by application. "
Article 5 No. 353 of Law Article 14 (G) and (H) shall have been amended as follows and follows the same material (I) has been added: .
"G) 1632 of the Military Code No. 55, 56, 57, 58, 59, 63, 64, 75, 78, 80, 81, 93, 94, 95, 100, 101, 102, 124, 125 and 127 th trial on the crimes specified in the article, the
H) Ad owned operation of first-degree military forbidden zones in the inside or seizure place in the police station barracks and headquarters, the military establishment, location and accommodation in order committed against soldiers in the use of the building and premises 26/9 / 2004 and 5237 86 of the Turkish Penal Code, 106, 108, 113, 125 and 265 Article trial on the crimes specified in,
II) guard, patrol, patrol, police, military traffic, law enforcement or rescue and relief serving as soldiers committed to these tasks in their (H) trial on the crimes of me. "
Article 6 of Law No. 353 with the title of Article 19 is amended as follows.
"One judge with and committees to look to work:
Article 19, except for the case of the crimes committed by the officers and non-commissioned officers, judicial fine or up rate of up to three years in prison in requiring the Military Penal Code and other laws in the case of those committing crimes and confiscation of the goods are not subject to criminal military courts, which are cared for by one of the members of the ruling class.
Müteaddit processed by the prosecution of a person to take care of verb verb that requires the most severe punishment by court officials. In case the same provisions will apply directly in the act. the first paragraph shall not apply in case processing officers of the crime and with the sergeant.
In the first paragraph of handling all kinds of decisions require the written decision of the judge in the criminal investigation, military courts, which is given by one of the members of the ruling class. appeal against this decision to examine is authorized closest military court.
after the adoption of the indictment, the trial can not be granted on the grounds of jurisdiction should be carried out by a single judge.
Due to be seen by a single judge in the case that a military court Military Court of Appeals solutions to conflicts between the duties of directors. "
Article 7 of Law No. 353 of Article 20 is amended as follows.
"ARTICLE 20 - and sergeants left back up to the reserve officer of the military to enter or prior to being called to arms work they up rate in the case of offenses requiring imprisonment up to two years of investigation and prosecution process of finishing their military service.
Turkish Armed Forces accused of crimes that require removal of these provisions do not apply on reserve officers.
War, then, invoked under the present or arms under arms all military personnel against the court of the five years of rate down for the crimes falling within the mission and except for those requiring more in prison, the suspect or accused to other crimes they started the investigation and prosecution process of peace or military It is postponed until the end of. In case
War, except for the crimes listed below, a military court for crimes committed on duty soldier who entered the investigation and prosecution process is postponed until the end of the peace or military service. But the organization of military courts, which may require scarce commander or military organization in charge of the non-application of the provisions of adjournment against military interests and requirements of the military prosecutor:
A) Lower limit offenses to five years or more in prison.
B) Military Penal Code of the 3rd father of the first, third (Article 63 except 76 and Article 77 of the first paragraph of the article), fourth, fifth (82, 83, 84, except for Article 95), the crimes listed in the seventh chapter.
C) 130 of the Military Penal Code, the crimes listed in Article 131 and 137. Back
timeout does not work during the period of leave. "
Article 8 Article 21 of the Law No. 353, second, third and fourth paragraphs are added the following paragraph to come after the second paragraph and Article amended as follows.
"Authorized military tribunals for crimes committed jointly with the military people who are not military people, the military courts are competent in terms of military personnel."
"Hidden in the war, then, polling leak, take care of and now Joining the crime look through from where he was taken by the accused sergeants and privates training center for crime to look by joining timely functioning reserve officer candidates, their training of the following given their association or institution is subject are tried by a military court. "
" hidden in the war, then, polling fugitive and accused reserve officer candidates from the look of the crime, which is the subject of the military branch they are registered they tried by a military court. "
" in case of war, and in criminal prosecutions requires non-military personnel in military courts, the military courts near the place where the crime had been committed. is not clear where the crime was committed, competent military court dated 4.12.2004 and 5271 is determined according to the procedures shown in the Code. "
Article 9 of Law No. 353 of Article 22 is amended as follows.
"Article 22 Staff and organization of military courts as of which they are certain people who do not fall into the authority, or the crimes committed by the troops or affiliated institutions in the region where they are subject to the military court's jurisdiction.
Competent military court established in more than one in case of capturing the suspect or wish to make inquiries before organization of scarce commander or military corporate chiefs military court is competent. "
Article 10 No. 353 Law with Article 28 of the title is amended as follows: .
"Authority on multiple courts to subject the suspects:
ARTICLE 28 they agree with a number of suspects in a crime, and they are more than a military court if subject to an authorization for military prosecutors of the investigation, all of which will be held by the military prosecutor's office. The Uzlaşamaz on, the prosecution will do the investigation shall designate the Ministry of National Defense. prosecute all suspects after the investigation conducted
Incorporating be opened in military courts where the military prosecutor's organization engaged in the investigation.
Is opened evvelden case against one of the suspects military prosecutor of one of claims on Military military court determination shall be to look at the cause of all the suspects by the Supreme Court. "
ARTICLE 11 No. 353, Article 32 of the Act has been amended as follows.
"Article 32 defendants, reports the claim no jurisdiction in terms of class and rank in a military court at the hearing before the inquiry.
military court jurisdiction over this claim, the claim will decide before the defendant's query. such as the courts can not claim jurisdiction made after this stage can not decide on its own motion in this respect also. "
ARTICLE 12 - Law No. 353, in conjunction with Article 33 of the title is amended as follows.
"Unauthorized military prosecutors and military courts of the investigation and prosecution:
ARTICLE 33 - conducted by military prosecutors and military courts unauthorized investigation and prosecution process are not only deemed invalid due to lack of jurisdiction. "
Article 13 No. 353 Law with Article 37 of the title is amended as follows.
"Judge's case to look not appeared and the judge rejected:
Article 37 The judge of Criminal Procedure in the organization about the case and in cases specified by the law of military courts established scarce commander or the military organization in charge of adjectives with no, or superior title to the prompt the report was about the time the judge can not do the task. In
war, the judge judge based on a reason other than still can not consider the case can not make denial of claims. "
ARTICLE with 14- 353 of Law No. 46 Article title is amended as follows.
"Rejection of the military prosecutor and do not hesitate to:
Article 46 Military prosecutors rejected. However, the trial judge or the judge still could not see if they pull out of the case to one of the grounds for rejection. "
ARTICLE 15 - Law No. 353, in conjunction with Article 49 of the title is amended as follows.
"Procedures for Notification and correspondence:
Article 49 Court judge or senior judge, any notification makes all correspondence related to real or legal person or public organizations and institutions.
Enforcement decisions will be, given the military prosecutor's office.
Military Court of Appeals decision will be communicated or rather, given the Military Court of Appeals Chief Prosecutor. Attorney General shall take the necessary measures to bring paper or place. "
Article 16 of Law No. 353, Article 59 is amended as follows.
"ARTICLE 59- military person who witnesses are brought by the order of the unit commander or chief military institution they belong to.
Detainees, and may be forced to witness the war appeared with urgent business. "
Article 17 of Law No. 353 with the title of Article 63 is amended as follows.
"Military premises in the discovery:
ARTICLE 63- The commander of the troops in that place of discovery to be made in military premises or military agency supervisor will be notified. "
Article 18 of Law No. 353 with the title of Article 69 is amended as follows.
ARTICLE 69- The arrest warrant; Founded in the investigation phase, military prosecutors or military courts or military commander of the continental organization of corporate chiefs upon the request of the prosecution in the request of the military prosecutor or ex officio given by military courts.
Organization of military tribunals established scarce commander or chief military institutions that want to inform the military prosecutor if the suspect has been arrested along with the rationale for this claim. Military prosecutors are obliged to move this request submitted to the competent military court. "
Article 19 in conjunction with Article 71 of Law No. 353 of title has been amended as follows.
"Reasons for arrest:
ARTICLE 71- strong offense if there are facts showing the existence of a suspected Criminal protection or military discipline, the presence of one case of the reasons for detention specified in the law in order to be granted the arrest warrant on the suspect or accused.
In sheer military offense, one year less than the upper limit of the penalty provided by law, even if the arrest warrant can be given. "
Article 20 of Law No. 353 with the title of Article 73 is amended as follows.
"Who will be notified to the arrest of the suspect or the accused:
ARTICLE 73- the arrest of the suspect or the accused; relatives, organization of military courts established scarce commander or military agency supervisor is suspected or accused members of the military commanders or military agency supervisor will immediately be informed. "
Article 21 353 Law No. 74 third places in the article" against the arrest warrant defendant "to" arrest warrant against the suspect, the defendant "as the last paragraph is amended as follows.
"However, the appeal court, if it decided to arrest the suspect or the accused; suspect or accused, the organization established military courts in the appeal court in scarce except military commander in charge of the organization or military institutions, military courts may appeal within nearest time above. This is a final decision given by the court. "
Article 22 of Law No. 353, Article 75 is amended as follows.
"Article 75- In the investigation phase of the suspect and the latest thirty of his time in the detention center point will not need his continued detention on remand as day period, the military by the prosecutor of the military court that the decision to arrest the request of Article 71 shall be decided in mind. This decision will be communicated to the suspect. Examination of the case
detention may be requested by the suspect within the period prescribed in the preceding paragraph.
Inspection date against the decision of the military court, established military courts or military commander in the organization scarce corporate chiefs, military prosecutor and the suspect may appeal to the military court in the nearest court within three days. The decision of the military court, the appeal is final.
Military courts; prisoners in the defendant's trial, whether or not you need the continued detention case, the military prosecutor or the accused until the finalization of the provision of the opening of the case when it requires each session or circumstances decide examining at the request or ex officio. "
Article 23 No. 353 Law Article 79 is as follows: It has been changed.
"Article 79- In the following cases, the soldier who captured temporarily by everyone:
a) People encountered while processing the crime.
B) due to the act of a verb; The absence of the possibility of determining the presence or just watched people's identity possibility of escape.
Arrest warrant or an arrest warrant requiring regulation and in case of delay in mind; If the military prosecutor to have the opportunity to apply immediately, supervisor, later, a military patrol, guard, patrol, military police and law enforcement officers, military personnel have the authority to capture.
First paragraph, formal dress officers, petty officers and military students only applicable for crimes under the jurisdiction of the criminal court. "
Article 24 of Law No. 80 with Article 353 of the title is amended as follows.
"Captured anyone's interrogation and detention:
ARTICLE 80- If the person arrested is not released shall be delivered immediately to the nearest police station or military police or military authorities held until military police official at the scene. It is done in accordance with the order immediately by giving information to the military prosecutor and the public prosecutor about the arrested persons and events
. news without delay to a person close to the arrested or identified as the person is given.
Military prosecutors person arrested or detained in the Republic decided not left for the completion of the investigation by the prosecutor.
Detention, capture excluding the obligatory period to be sent to the nearest military courts or magistrates can not exceed twenty-four hours from the moment of capture. Capture instead of mandatory time to be consigned to the nearest military courts or magistrates can not exceed twelve hours.
Mass in the crimes committed, the nature of the crime, due to the sheer number of difficulties in collecting evidence or suspects; The military prosecutor or public prosecutor detention period not to exceed one day at a time, it can give orders in writing to extend for three days. Detained until the order is immediately notified the extension of the detention period.
Capture process, detention and against the written orders of the military prosecutor or the public prosecutor for the extension of the detention period, the arrested person, lawyer or legal representative, spouse or first- or second-degree blood relative can apply to the military court or the criminal judge to ensure the immediate release. by military courts or the criminal judge shall immediately review the documents and decide on the request within twenty-four hours. If the capture or detention or custody reached the conclusion that the time is appropriate to extend the application will be rejected.
suspect in the period in the fourth and fifth paragraphs, brought before a military court to be questioned; if there is no possibility of being brought before military courts, it is sent to the nearest magistrates. After this period of time can not be overridden deprived of liberty without a court decision or a judge.
Military court or magistrate, if caught, or do not see a state that requires detention or been eliminated for this reason are ordered the release of the person detained. "
Article 25 No. 353 Law with Article 81 of the title is amended as follows.
"Bringing the suspect or the accused:
ARTICLE 81, military personnel, military commanders of the statements taken or they are bound to queries or are brought by the command of the military institution supervisor. Prisoners are sent under protection
War soldiers still no suspects and defendants can be brought in forcibly removing invitation. "
No. 353 Article 26 first paragraph of Article 84 of the Act has been amended as follows.
"Military prosecutor, if the person is a suspect in the investigation so soldiers temporarily laid cease to be necessary, the organization established a military court to decide whether the authority on this issue scarce chief commander or military institutions. Troop commander or military agency supervisor gives the latest decision within three days on this issue and will report the results of the military prosecutor. "
Article 27 No. 353 Law with Article 85 of the title is amended as follows.
"To limit the number of lawyer:
ARTICLE 85- limited number of counsel at war then."
Article 93 of Law No. 28- 353 third and fourth paragraphs of the first has been amended as follows.
"Military crimes to be held by people who soldier on the oral and written denunciations and complaints succession path is made to military authorities who suspect's superiors with."
"Military person to be made by someone from verbal or written warnings and complaints, the Criminal Procedure Law authorizes the apartment made to the authorities or the military authorities, the chief suspect. "
Article 29 of Law No. 353, Article 95 is amended as follows.
"ARTICLE 95- Republic prosecutor or police authorities and subject to military justice officials be made to the offense denunciations and complaints are sent to authorities that the chief suspect.
Military unit commander or military corporate chiefs entourage from the one where he notices or complaints owned Or, the other way to learn, a military court of the identity of the suspect on crimes within the jurisdiction, imputed crime and shows the evidence of this crime arrange a time to report and depending on the legal aspects It found that sends military courts or military commander of the continental organization was founded in corporate chiefs.
Organization in military courts or military commander established scarce corporate chiefs sends military prosecutors after reviewing the documents and reports on the crime claims in this regard asks the suspect's arrest.
Serious criminal offenses inconveniences or delays in the jurisdiction of the court cases, military prosecutors are expected to immediately begin an investigation. in case of necessity it can be done by a disciplinary officer this investigation. In such cases, the organization is notified immediately to the military court established that the commander in chief or military institutions.
Prosecutors, law enforcement authorities and officials and military chiefs to prevent the loss of the military prosecutor's job action to confiscate sübut means and evidence, take drawback expected measures of delay. "
Article 30 No. 353 Law Article 96 of the first with the title of the article, third and fourth paragraphs are amended as follows.
"Military prosecutors with written procedures and the way in Article 95 soon as we know that the commission of an offense, to undertake an investigation to decide whether there is need to open public trial."
"Even if the confession suspicious crime must be investigated extracts the time. "
" Military prosecutors, to perform the investigation of the truth and a fair trial, law enforcement officers with the ingenuity, to get custody gather evidence that the suspect's favor and against, and is obliged to protect the rights of suspects. "
ARTICLE 31 - Article 97 of Law No. 353 is amended as follows.
"ARTICLE 97- Military prosecutors must both directly and military, can do all kinds of research through judicial or other law enforcement officials; any information about the investigation from any of the public officials and private organizations may want.
Military prosecutors; They can rogatory to the public prosecutor and other military prosecutors.
Military, judicial and other law enforcement officers, military prosecutor for investigation is obliged to fulfill all the orders without delay. These orders are written; In cases where the rush is given orally. Verbal orders shall be notified in writing as soon as possible.
Other public servants, which they carry out the required information and documentation under investigation, it is obliged to provide without delay demand that the military prosecutor. "
No. 353 Article 32 first paragraph of Article 103 of the Act has been amended as follows.
"Of the investigation during the investigation needs to be expanded to include another person or crime, military prosecutors this investigation is done automatically in the immediate case."
Article 33 No. 353 Law with 107 article title is amended as follows.
"Contested decision that that prosecution:
ARTICLE 107- decision on whether to prosecute issued by military prosecutors, organization of military courts established scarce commander or military agency supervisor is notified damaged by the suspect and the crime.
The organization against the ruling military courts established scarce commander or military agency supervisor or damaged by the crime, the decision that the military prosecutor of the organization that issued the decision within fifteen days following the notification may appeal the nearest military courts as the place to a military court. If instability in determining the nearest military tribunal, which shall be fixed by the Ministry of National Defense. Objections claims to justify the opening of public prosecution case and the evidence will show. "
Article 34 of Law No. 353, first and second paragraphs of Article 108 is amended as follows.
"Objection on the military prosecutor's file space into his investigation until then will be sent to military courts to examine the appeal."
"Military courts, while appointed by Can communicated to suspect the appeal request to notify if there is a will to say."
Article 35 of Law No. 353, the second paragraph of Article 109 is amended as follows.
"Reject decision to victims of crime; if objections, organization of military courts, which are made by scarce commander or military agency supervisor is notified to the authorities and notified to the military prosecutor and the suspect. "
Article 36 No. 353, first paragraph of Article 110 of the Act has been amended as follows.
"Military court, if satisfied that the appeal is in place and the right, decides that it is necessary to establish a public case against the suspect and documents it sends to the competent military prosecutor."
Article 37 No. 353, first paragraph of the article 111 Act has been amended as follows.
"The time given by the military prosecutor in the appeal to or be appealed also not been challenged within the period or appeal on that cause shown on the decision not to prosecute which have been rejected, continue to be Minister of National Defense investigation can give orders to the military prosecutor's or public prosecution opening point."
Article 38 of Law No. 353, the second and third paragraphs of Article 112 is amended as follows.
"The organization with the suspect and victims of crimes against the decision of the military court established scarce commander or military agency supervisor may appeal within fifteen days."
"107 on this appeal, 108 and Article 109 shall apply. In case of acceptance of the appeal, the military prosecutor decided by the outcome of the investigation. "
Article 39 in conjunction with Article 115 of Law No. 353 of title has been amended as follows.
"Indictment returned objection to the decision:
ARTICLE 115- military prosecutor, the indictment refund may appeal to the nearest military court in seven days against the decision."
ARTICLE 40- 353 of Law No. 196 Article has been amended as follows.
"Article 196- legal remedies, military prosecutors, suspects, accused and involved, not decided to join the request, rejected or participating adjectives in the organization with which was damaged by the crime means to hold the military courts, which are open to scarce commander and military institutions superiors.
In the organization with the military prosecutor of military courts established scarce commander or military agency supervisor may apply to suspects or defendants in favor of the remedy. "
ARTICLE 41 No. 353, the title of Law 202 article is included in the following paragraph be amended as follows and materials.
"Objection when can the decision and appeal to authority:"
"It examines the nearest military court objections to be made in cases where there are provisions to the contrary in the law."
Article 42 353 Law No. 205 Article has been amended as follows.
"Article 205- provisions issued by military courts may be appealed.
provisions relating to the imprisonment of fifteen years or more are subject to spontaneous appeal.
A) the provisions of the upper limit of five hundred days acquitted of crimes that require judicial fine not exceeding,
B) the provisions set forth in laws written to be definitive, can not be invoked to appeal against
. According to the 243 provisions of Article of these provisions apply to the Military Court of Appeals. "
Article 43 first sentence of the third paragraph, first and second paragraph of 353 of Law No. 207 Article amended as follows and the following paragraph has been added to the third paragraph.
"The appeal is based on the reason of violation of provisions of the law as a rule."
"Non-implementation of a law or an incorrect implementation is contrary to law."
"An appeal or petition or not shown in the declaration is assumed absolute illegality in the written case as follows:"
"I) judgment based on the evidence obtained by unlawful means."
Article 44 of law No. 353 with Article 212 of title has been amended as follows.
"Claim depends appeal pledge and communications:
Article 212- if not shown the reasons for the appeal on or declare appeal petition, the grounds of the judgment Or, the end of the specified time has lapsed for the appeal petition is not yet communicated, the provision within seven days after the receipt of appeal when the court given a memorandum covering these reasons.
Organization in military courts or military institutions established scarce commander or chief military prosecutor, in favor of the accused and clearly shows the reasons for resorting to the appeal request in writing along with reasons by stating that it is against. This request shall be communicated to all concerned. The authorities may submit notification in this respect response within seven days from the date. "
Article 45 of Law No. 353, Article 216 is amended as follows.
"Article 216- petition and declare the appeal and the appeal itself, if the subject of pledge and provisions, together with the military prosecutor sends to the Military Court of Appeals Chief Prosecutor files.
Military Court of Appeals held that the notification issued Başsavcılığınca renovation, provision to appeal or the appeal had not participated or they shall be communicated to the proxy even contain opinions that may result in case against the defendants or their counsel. notification from the parties concerned can respond in writing within a week. File with the Military Court of Appeals Chief Prosecutor of the Military Supreme Court sends the notification issued clearance.
notifications made pursuant to the second paragraph, be valid if made to the last addresses of the relevant case file. 262 of the Criminal Procedure Code and the provisions of Article 263 are reserved. "
Article 46 of Law No. 353, title and first paragraph of Article 218 is amended as follows.
"Posture Review conducted:"
"Ten years or more in prison Military Court of Appeals review the provisions on penalties, performs the request of the appeal by the defendant or to join or ex officio should stop. Study stance should be made in the provisions relating to more than a year in prison it depends on the vision needs of the Military Court of Appeals. The accused from the trial day, join me, and notice the deputy defense. one or more counsel with power of attorney to be present at the trial as the accused may be represented by him. In so far; Article 85 shall be reserved. "
Second paragraph of Article 47- Law No. 353, Article 219 is amended as follows.
"The report, after the announcement, the Military Court of Appeals Chief Prosecutor, the accused, counsel, and explain the claims of the participating attorneys and defense. Among them relax before the parties have requested an appeal. Defendants have the last word. "
Article 48 of Law No. 353 of the second paragraph of Article 220 (A) and (F) of paragraph is amended as follows.
"A) to clarify rather than fact the acquittal alone without the necessary or lower and needs to be sentenced to a fixed penalty no upper limit,"
"F) the determination of the crime, the legal nature and subject to no impact on the punishment, the file information in and out of documents no research to be done and if you are not required to be able to detect the error has been made in the history of crime, "
Article 49 of Law No. 353, Article 221 is amended as follows.
"Article 221- Military Court of Appeal, appealed the judgment, impairs due to the illegality that affect the provision.
illegality which cause deterioration of the judgment, if this provision was mainly due to the detection process, they broke down at the same time.
Provisions of Article 207 are reserved. "
Article 353 of Law No. 50. Article 222 is amended as follows.
"Article 222- Military Supreme Court appeal petition, the statement and examines the pledge and the notification issued Ramada forth issues and their outside to touch the merits of the judgment extent there is any case unlawful."
ARTICLE 51- 353 of Law No. 226 Article is amended as follows: .
"Article 226- provisions, if it is corrupted favor of the defendant and, if you have the opportunity to also apply to the other defendants who have not prompt appeal of this issue, the defendants benefit from the appeal impairment provision to bulunmuşça prompt."
ARTICLE 52- 353 of Law No 227 Article third and fourth paragraphs are amended as follows.
"Provisions, solely by the defendant or if his favor military prosecutors or organization of military courts established scarce commander or military agency supervisor or 196 th were appeals by those shown in the matter, shall re-issued, can not be heavier than the penalty is determined by the previous judgment.
Defendant, lawyer, despite participating and trustee to be at the address on file notification invitation notification of the failure or invitation on declaration if it is not detected against breaking due to their absence at the hearing can be terminated by the case lack continue the hearing. However, the punishment for the defendant, if more severe punishment is subject to disrupt the accused must be heard in any case. "
ARTICLE 53 No. 353, the title of the fourth part of the Act amended as follows, 228 th article of the first paragraph (F) me and substance second paragraph has been added.
"Trial Renewal and Law Benefit Deconstruction"
"F) of the penal provisions of the Human Rights and Fundamental Freedoms and the Convention for the Protection or given by a violation of the additional protocols and the provision is based on this contradiction, no matter determined by the decision finalized the European Court of Human Rights. "
" in paragraph (F) retrial in the case referred to in subparagraph Europe from the date of finalization of the Human Rights Court decision may be requested within a year. "
Article 54 No. 353 of the Law 232 article is included in the following paragraphs.
"This article, the first paragraph of Article 228 (e) shall not apply in the writing."
Article 55 of Law No. 353 with the title of Article 243 is amended as follows.
"Breaking the benefit of the law: Article 243-
coming from military courts and the Military Court of Appeals found that an examination of the provisions of the final judgment and no illegality in the National Defence Minister, he may choose to breaking the law for the benefit of the decision or judgment. In this case, that decision or judgment of the Military Court of Appeals reverses prompt notifies in writing to the Military Court of Appeals Chief Prosecutor stated legal reasons.
Military Court of Appeals Chief Prosecutor of the notification issued Toamasina gives this reason alone the author and file of the Military Supreme Court.
Military Supreme Court, if it deems that the reasons put forward over impair judgment or decree.
Reasons for overruling;
A) of the Criminal Procedure Code as defined in Article 223 and for a decision to resolve the merits of the case, the judge or court that issued the decision is the decision necessary data re-examination and research.
B) the provision concerning convictions are related to the right principles to solve direction or the defense case to remove or restrict the result of giving birth procedure process, and the ruling that the decision of the judge or the court again will be required according to the result of the trial. This provision can not be heavier than the penalty determined by the previous judgment.
C) also solves the merits of the case are related to provisions other than conviction does not lead to adverse results and does not require a retrial.
D) requires the removal of the sentence convicts to have the suspension lifted, it requires to be given a lighter punishment in this light sentence Military Court of Appeals ruled directly.
Not resist breaking against the decision issued in accordance with this Article.
authority for the benefit of breaking the law, the fourth paragraph (d) the benefit appeared to be unique to me and the law used by the Military Court of Appeals Chief Prosecutor ex officio. If you are in contact disrupt benefit of the law by
Minister of National Defense, the authority no longer be used by the Military Court of Appeals Chief Prosecutor. "
Article 56 No. 353 Law with the title of the 244 Article first and seventh paragraphs are amended as follows.
"When the criminal and security measures, how and by whom will be fulfilled:"
"Military courts in the criminal provisions are not fulfilled finalized. In contrast to the in and the Military Penal Code, this Law, the fulfillment of a provision there that if the punishments and security measures, 13/12/2004 and 5275 the Criminal and Law on Enforcement of Security Measures relevant provisions are applied. "
" What military prisons and detention centers of the Criminal thereby It will be executed by the Ministry of National Defense in a regulation to be issued. Which will be implemented on prisoners and detainees in military prisons and detention centers with disciplinary measures and restrictive measures is also subject to the provisions of the Law on Execution of Sentences and Security Measures. disciplinary punishment other than a reprimand, issued by a member of the military court's ruling class. However, the urgent case for military prosecutors or military punishment and placed detention center authorities to be given disciplinary punishment application and immediately submitted to the judge for approval. "
Article 57 No. 353, first paragraph of the 248 Article Act has been amended as follows.
"In the war, it can not be appealed and the verdict of the military court. provisions, including fifteen years or more in prison, established military courts in the organization may be appealed by scarce commander or military agency supervisor. "
ARTICLE 58 No. 353, first paragraph of the 249 Article Act has been amended as follows.
"In war, then, given by military courts and the removal of the Turkish Armed Forces, the withdrawal of the rank or military student rights, except for penalties involving or requiring lost, the fulfillment of the other in prison, established military courts in the organization of scarce commander or military agency supervisor upon the request of the Turkish Armed Forces commander or can be left until the end of the war by other commanders that gave him his powers. "
ARTICLE 59- 353 of Law No. conjunction with Article 254 of the title is amended as follows.
"Decisions to be taken during the execution of criminal and contested the decision: During the fulfillment of
ARTICLE 254- Criminal provisions made before the final individual liberty restrictions result gave birth to still due to previous periods by the hospital in the period to be deducted from the sentence of punishment in various provisions in the collection and interpretation of the conviction or penalty inflicted to the account needs to be taken a decision to halt, the military court is asked to decide that provision. These decisions are made without hearings.
decision before the military prosecutor and inform the convict's views may be requested in writing.
The military court removed the provision that gives her nearest military courts.
Applications made under the preceding paragraph are not postpone the execution of the sentence. However, it may decide to postpone or halt the execution by the court's feature event.
Given by military courts in cases of this decision, and the organization of military prosecutors and military courts, which have convicted if the scarce military commander or agency supervisor may appeal within one week of the defense.
Military Supreme Court decides on the appeal. "
No. 353 ARTICLE 60- second and third paragraphs of Article 255 of the Act is amended as follows.
"Provisions for the given fined about military persons shall be fulfilled by military prosecutors."
"Military people are fulfilled in accordance with general provisions and provisions for the Public prosecutors on the legal fines imposed on non-residents."
ARTICLE 61 No. 353 additional Article 1 of the Act has been amended as follows.
"ANNEX Article 1 in case of absence of provisions to the contrary in this Act Code of Criminal Procedure of judicial control for 109 to 115, the evaluation report 166 and other provisions except for provisions of 272 to 285 Article regarding the appeal for the right to apply to the military judiciary.
Implementation of this law, contained in the provisions referred to the Justice Minister, the Minister of National Defense; The Supreme Court, the Military Court of Appeals; courts, military courts; judge and criminal judge, military judge; president of the court, the trial judge; Office of the Prosecutor, the military prosecutor's office; The public prosecutor refers to the military prosecutor. "
62- Article 18 of the Law No. 353, 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, 82, 83, 87, 88, 89, 90, 91, 92, 99, 100, 101, 105, 106, 113, 114, 117 , 118, 119, 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, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 198, 199, 203, 241 245, 247, 251, 252, 253, 257, 258 and additional Article 2 with Article 10 (F) of Article 43 the second of the article, the fourth and fifth paragraphs, the second of Article 143, third, fourth and fifth paragraphs, the fourth paragraph of the 201 Article, 217 th third and fourth paragraphs of the article, third and fourth paragraphs of the 219 th article, third paragraph of the 244 Article 246 Article of the second and fourth of the 248 Article by the third paragraph, the fifth, is repealed, sixth and seventh paragraphs.
ARTICLE 63- The following additional provisional article has been added to Act No. 353.
Annex Provisional Article 6- No. 353 Military Courts Establishment and Trial Procedures Law, as amended by this law and removed provisions in force concerning the entry into force and implementation, based on the date of entry into force of this Act 23/5/2005 dated 5320 numbered Criminal Procedures specified in the Law on Enforcement and implementation of Law principles are applied.
Provisions of this Act, from the date of entry into force except those linked to judgment is applied in all investigations and prosecutions.
Before the date of entry into force of this Act, decided by military courts and not about finalized the case file of the official place of jurisdiction movers, by obtaining the written opinion of the military prosecutor, without court hearings jurisdiction is given. Against this decision, the organization established a military court or military commander scarce corporate chiefs, the military prosecutor, the defendant and, if you have counsel may appeal within a week. Objections are examined at the nearest military court. This appeal and to be challenged by the files that are under review at the Military Court of Appeals and the Military Court of Appeals Chief Prosecutor files will be returned to court.
Since Article 64 of this Law shall enter into force three months after its publication.
Article 65. This Law shall be enforced by the Council of Ministers.