The subject of delay of the provision that was regulated in between the 5. and 14. paragraphs of the 231.st article of The Code of Criminal Procedures has become a wider subject to be applied in The Law Of Criminal Procedures day by day by both the regulations which was made by lagislature and the opinions of high courts.Even if the appliying the subject of delay of the provision in general juridical is really extensive, appliying this subject in Military Criminal Law almost does not exist due to the 10/2 article of 1632 Military Criminal code which banned this subject to become effective in Military Criminal Law.However the regulations related were repealed by decision of Supreme Court in 17.01.2013.The purpose of study this study is to explain the position of this subject in positivelaw and in military criminal law, the concept of military crime, decree of nullity of Supreme Court and the conclusion of this decree respectively
📌 3 Key Takeaways
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Objective & Hypothesis:The subject of delay of the provision that was regulated in between the 5. and 14. paragraphs of the 231.st article of The Code of Criminal Procedures has become a wider subject to be applied in The Law Of Criminal Procedures day by day by both the regulations which was made by lagislature and the opinions of high courts.Even if the appliying the subject of delay of the provision in general juridical is really extensive, appliying this subject in Military Criminal Law almost does not exist due to the 10/2 article of 1632 Military Criminal code which banned this subject to become effective in Military Criminal Law.However the regulations related were repealed by decision of Supreme Court in 17.01.2013.The purpose of study this study is to explain the position of this subject in positivelaw and in military criminal law, the concept of military crime, decree of nullity of Supreme Court and the conclusion of this decree respectively
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Key Findings & Data:The subject of delay of the provision that was regulated in between the 5. and 14. paragraphs of the 231.st article of The Code of Criminal Procedures has become a wider subject to be applied in The Law Of Criminal Procedures day by day by both the regulations which was made by lagislature and the opinions of high courts.Even if the appliying the subject of delay of the provision in general juridical is really extensive, appliying this subject in Military Criminal Law almost does not exist due to the 10/2 article of 1632 Military Criminal code which banned this subject to become effective in Military Criminal Law.However the regulations related were repealed by decision of Supreme Court in 17.01.2013.The purpose of study this study is to explain the position of this subject in positivelaw and in military criminal law, the concept of military crime, decree of nullity of Supreme Court and the conclusion of this decree respectively
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Conclusion & Impact:The subject of delay of the provision that was regulated in between the 5. and 14. paragraphs of the 231.st article of The Code of Criminal Procedures has become a wider subject to be applied in The Law Of Criminal Procedures day by day by both the regulations which was made by lagislature and the opinions of high courts.Even if the appliying the subject of delay of the provision in general juridical is really extensive, appliying this subject in Military Criminal Law almost does not exist due to the 10/2 article of 1632 Military Criminal code which banned this subject to become effective in Military Criminal Law.However the regulations related were repealed by decision of Supreme Court in 17.01.2013.The purpose of study this study is to explain the position of this subject in positivelaw and in military criminal law, the concept of military crime, decree of nullity of Supreme Court and the conclusion of this decree respectively
🔬Design:Research Article
📍Scope:2013 Verileri
⚙️Variables:Hükmün Açıklanmasının Geri Bırakılması · Askeri Ceza Kanunu · Anayasa Mahkemesi
Abstract
The subject of delay of the provision that was regulated in between the 5. and 14. paragraphs of the 231.st article of The Code of Criminal Procedures has become a wider subject to be applied in The Law Of Criminal Procedures day by day by both the regulations which was made by lagislature and the opinions of high courts.Even if the appliying the subject of delay of the provision in general juridical is really extensive, appliying this subject in Military Criminal Law almost does not exist due to the 10/2 article of 1632 Military Criminal code which banned this subject to become effective in Military Criminal Law.However the regulations related were repealed by decision of Supreme Court in 17.01.2013.The purpose of study this study is to explain the position of this subject in positivelaw and in military criminal law, the concept of military crime, decree of nullity of Supreme Court and the conclusion of this decree respectively
Özet
Ceza Muhakemesi Kanunu’muzun 231’inci maddesinin 5 ila 14’üncü fıkraları arasında düzenlenen hükmün açıklanmasının geri bırakılması kurumu gerek yasa koyucu tarafından yapılan yasal düzenlemelerle gerek yüksek mahkemelerin vermiş olduğu içtihatlarla ceza muhakemesi hukukunda uygulaması her geçen gün daha da genişleyen bir kurum haline gelmiştir. Hükmün açıklanmasının geri bırakılması kurumunun adli yargıdaki uygulaması bu denli geniş olmasına karşın, bu kurumun askeri ceza hukukunda uygulanmasını yasaklayan 1632 sayılı AsCK Ek md.10/2 sebebiyle askeri yargı bakımından uygulaması yok denecek kadar azdır ; ancak ilgili yasal düzenleme 17.01.2013 tarihinde Anayasa Mahkemesi’nin 2012/80 E. - 2013/16 K. sayılı kararıyla iptal edilmiştir. Bu çalışmamızda amaç, hükmün açıklanmasının geri bırakılması kurumunun genel mevzuatımızdaki yerini ve hukuki niteliğini, askeri ceza mevzuatındaki yerini, askeri suç kavramını, anayasa mahkemesinin iptal kararını ve bu iptal kararının sonuçlarını sırası ile ele almaktır
KAFALI, K., PALUT, A., ALTIKAT, A. (2013). Postponing The Declaration of Verdict As A Concept And Its Applications In Terms of Military Criminal Law. SAVSAD Savunma ve Savaş Araştırmaları Dergisi, Cilt: 23 - Sayı: 1, 1–25. https://ajindex.com/articles/383589