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ASKERİ MAHKEMELERİN BAĞIMSIZLIĞI VE MAHKEMELERİN İŞLEYİŞİ İLE İLGİLİ YAPILAN DEĞİŞİKLİKLERİN YARGI BAĞIMSIZLIĞI AÇISINDAN DEĞERLENDİRİLMESİ
2013
Journal:  
Uyuşmazlık Mahkemesi Dergisi
Author:  
Abstract:

The place of the Military court in our country’s case system has always been a much debated question. Military Jurisdiction is an establishment which works freelance from Ordinary Justice and Administrative Justice. Military Justice differs from judicial parts in terms of its subject matter jurisdiction and venue. Military courts are empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. The reason of their existences is shown as a requirement and also it is contended that they should be exist due to their distinct procedure. Besides different conditions and circumstances between wartime and peacetime are accepted as another notable reason for their existence. However in the sequel of wold wars their independence and the possibility of violation of respondent`s rights are the most considerable matter of debate. In this study I have especially tried to feature the nomination and the working procedure of the judges and public prosecuters and the legal regulatıons made with the last referendum in our country.I have explained the differences between the Military court’s and the ordinary courts’ method of operation.finally I explained the necessity of the military court system other than the ordinary courts

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