Özet:

    Article 24 of Turkish Criminal Code (TCC) numbered 5237, under the title of “Mandatory Provision and Order of the Supervisor” stated firstly a person who meets an order given by an authorized body as a part of his duty may not be kept responsible from such act then the following regulation enacted as an order constituting an offense should never be fulfilled. The last paragraph of same article also mentioned that in cases where inspection of the order in respect of compliance with the laws is avoided, the person giving the order is responsible from fulfillment of the order. In the article 137 of Constitution, under the title of “unlawful order” a provision which has a same nature is reviewed as in case of unlawful order, the main principal is the person executing the order and the person giving the order, both shall not evade responsibility, but exceptions designated by law relating to the execution of military duties and the protection of public order or public security in urgent situations are reserved. According to article 41 of Military Panel Code, a person who executes the unlawful order does not be responsible under the condition that the execution should be related to service apart from two circumstances as; if giving order in order to commit a legal and military crime is explicitly clear or if crossing the limits of order. This study, in the light of regulations of Constitution and Turkish Criminal Code, elaborates the unlawful order and the responsibility of the person who executes the order and within this scope the issue is concluded by examining especially military services.

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