LAW
Bachelor	TR-NQF-HE: Level 6	QF-EHEA: First Cycle	EQF-LLL: Level 6

Course Introduction and Application Information

Course Code	Course Name	Semester	Theoretical	Practical	Credit	ECTS
LAW3931	Military Criminal Law I	Spring	0	2	1	4

This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester.

Basic information

Language of instruction:	Turkish
Type of course:	Departmental Elective
Course Level:	Bachelor’s Degree (First Cycle)
Mode of Delivery:
Course Coordinator :	Dr. Öğr. Üyesi MEHMET SİNAN ALTUNÇ
Course Lecturer(s):	Instructor FAHRETTİN DEMİRAĞ Prof. Dr. AYŞE NUHOĞLU
Recommended Optional Program Components:	None
Course Objectives:	The aim of the Military Criminal Law course is to examine the elements of military crime, what the penalties are for military crimes, to reveal the different aspects of the said crimes and punishments from the Turkish Criminal Law, to bring a different perspective to the criminal law by explaining some types of military crimes in terms of their elements, if time permits. and to contribute to the legal culture of our faculty students, even if only a drop.

Learning Outcomes

The students who have succeeded in this course;
At the end of this lesson:
1. The importance of military service in the defense of the country and its contribution to the national defense service, military terms, in this context, the military age and periods, the concepts of military service, commander, superior, superior, subordinate, watch and sentry,
2. Types of military offenses, the legal consequences of purely military offenses and similar offenses,
3. Some military crimes such as desertion, violation of permission and insistence on disobedience, and military offense-like crimes such as cheating to get rid of military service, stealing military goods,
4. How the general provisions of the Turkish Penal Code should be applied in military crimes, exceptions in this regard,
You will learn and your perspective on criminal law will change and develop.

Course Content

Weekly Detailed Course Contents

Week	Subject	Related Preparation
1)	GENERAL PROVISIONS PART ONE GENERAL PROVISIONS FIRST PART I. INTRODUCTION: The Place and Necessity of Military Criminal Law in Turkish Law II. HISTORY: Historical Development of Military Criminal Law
2)	SOURCES OF MILITARY CRIMINAL LAW I. Direct sources: TCK-AsCK relationship II. Therefore, resources III: Interpretation of Sources FIELD OF APPLICATION OF MILITARY CRIMINAL LAW I. Implementation of the Military Penal Code as of time A. Enforcement of Resources 1. Entry into Force of Favorable Law 2. Entry into Force of War Clauses B. Withdrawal of Resources II. Local implementation of the Military Penal Code A. In Time of Peace B. In Time of War III. Implementation of the Military Penal Code as a person A. Military Persons B. Non-Military Persons C. Foreign Persons D. Prisoners
3)	BASIC CONCEPTS A. Basic concepts of military service B. Fundamentals of military service 1. Being ready for duty at all times 2. Absolute obedience 3. Discipline
4)	MILITARY CRIME THEORY C. The Concept of Military Offense and Types of Military Offense 1. The concept of military crime a. Definition of military crime in teaching b. Military crime according to the decisions of the Military Court of Cassation and the Court of Appeals 2. Types of military crime a. purely military crimes b. Military crime analogues c. Military indiscipline D. Disciplinary offenses / Indisciplines
5)	MATERIAL ELEMENTS OF CRIME 1. Classification of military crimes by act and deed 2. Conclusion 3. Subject of Military Crime and Victim
6)	4. Causality Link 5. Voluntary Withdrawal 6. Attempted Crime ELEMENT OF ILLEGAL VIOLATION 1. Reasons for Compliance with Law a) Fulfilling the Provision of the Law b) Executing the Commander's Order c) Exercise of the Right
7)	d) Legitimate Defense e) State of Obligation f) Victim's Consent
8)	Midterm Exam
9)	QUALIFIED CASES
10)	SPIRITUAL ELEMENTS OF CRIME A. Defectiveness B. Flaw Ability C. Reasons for Reducing and Eliminating Defect Ability D. Unfair Drive E. Error in Criminal Law (Error)
11)	IV. MULTI PERMIT MILITARY CRIMES A. Multi-perpetrator military crimes B. Participation in a military crime
12)	MILITARY PUNISHMENTS I. PRIMARY PENALTY A. Imprisonment: C. Fine: II. PENALTIES OF FER A. Removal from the Turkish Armed Forces B. Reinstatement C. Losing the military student law III. SECURITY MEASURES A. Deprivation of Exercising Certain Rights B. Confiscation C. Repetition of Military Offenses IV. PERSONALIZATION OF PENALTY A. Converting a short-term prison sentence to alternative sanctions B. Postponement of penalties C. Delaying the Announcement of the Provision
13)	Special provisions 1- Escape 2- Permission violation 3- Making himself unfit for military service 4- Cheating to get out of the military 5- Persistence in disobedience 6- Stealing military goods and stealing something from your friend, superior or subordinate
14)	Military Crimes Investigation 1- Military crimes subject to investigation permission and the method to be followed in the investigation 2- Reasons for arrest in military crimes 3- Capture of military personnel 4- Competent court Practical Study

Sources

Course Notes / Textbooks:

References:

Kitaplar: Dersin işlenmesinde Fahrettin Demirağ’ın Askeri Ceza Hukuku Ders Notları ile ‘Türk Ceza Kanununun Genel Hükümleri Işığında Askeri Ceza Kanunu’ (3. Baskı) adlı eseri esas alınacaktır.
Yardımcı Kaynaklar:
a) Olgun Değirmenci, Askeri Ceza ve Disiplin Hukuku (3. Baskı)
b) Zeynel Kangal, Askeri Ceza Hukuku

Books: Fahrettin Demirağ's Military Criminal Law Lecture Notes and his work titled "Military Penal Code in the Light of General Provisions of the Turkish Penal Code" (3rd Edition) will be used as a basis for the course.
Helpful Resources:
a) Mature Miller, Military Criminal and Disciplinary Law (3rd Edition)
b) Zeynel Kangal, Military Criminal Law

Evaluation System

Semester Requirements	Number of Activities	Level of Contribution
Attendance	10	% 10
Midterms	1	% 30
Final	1	% 60
Total		% 100
PERCENTAGE OF SEMESTER WORK		% 40
PERCENTAGE OF FINAL WORK		% 60
Total		% 100

ECTS / Workload Table

Activities	Number of Activities	Duration (Hours)	Workload
Course Hours	13	2	26
Study Hours Out of Class	13	5	65
Midterms	1	2	2
Jury	1	2	2
Total Workload			95

Contribution of Learning Outcomes to Programme Outcomes

No Effect	1 Lowest	2 Low	3 Average	4 High	5 Highest

	Program Outcomes	Level of Contribution
1)	List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions.
2)	Have the knowledge of legal methodology and methods of comment.
3)	Comment the modern legal gains with the historical knowledge.
4)	Have the knowledge of philosophical currents of thought which are the bases of legal rules.
5)	Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them.
6)	Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine.
7)	Use at least one foreign language as scientific language.
8)	Have the knowledge of the political and juridical foundation of the state.
9)	Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development.
10)	Have the ability to resolve the disagreements which can violate the social order in national or international level.
11)	Have the ability to prevent the juridical disagreements between individuals.
12)	Have the knowledge of international and comparative law systems.
13)	Have the knowledge of the construction and the conduct of the national and international commercial relations.
14)	Use Turkish in an efficient way both verbal and written.
15)	Have the professional and ethical responsibility.
16)	Have the knowledge on the European Union’s legislation and institutions.
17)	Have the knowledge on juridical regulations and applications related to economical and financial mechanisms.
18)	Have the knowledge of the operation of the national and the international judicial bodies.