Browsing by Author "Sevimli, Kamil"

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    Askeri yargıda sanığın hakları
    (Sosyal Bilimler Enstitüsü, 1996) Sevimli, Kamil; Toroslu, Nevzat; Hukuk
    Accordingly the only way to obtain a quick judgement could not be provided by restricting the rights of the accused in order to gain time. The rights of defence consists of the rights; fîrstly to get the nature of the accuse and its causes, secondly to have the required time and facilities to prepare the defence and the riglıt to present before the judge personally ör with his lawyer. The inıplemetation in nıilitary juridiction procedure, other than except some accuses is seen in favour of taking into the rights of accused. However on öne hand our Military Criminal Procedural Law contains provisions contrary to the most important aspects of the accused's defence related rights such as to examine the documents and get the copies of these documents,to demand to see his lavvyer for arresteds ör to request a lavvyer to be appointed for his defence, ali of which have been stated clearly nowadays in modern criminal laws of the developed coımtries. The absence of provisions to çite the Code No: 1402 Criminal Procedural Law and öpen rooms of interpretation prevents to apply çite the Code No: 1402 Criminal Procedural Law, which contains very new and very wellcommed developments favouring the accused into the Military Criminal Procedure. As a conclusion, in large scale in military juridictionas far as both legal implementation and practice concern there seems no custom in favour of the securing the accused's rights. On the contrary on the points discussed very briefly in above paragraphs vve come across some regulates restricting the rights of the accuseds. it is very obviously thet there needs some urgent changes unavoidadly to be done by reviewing ali these regulations. in particular, it must be paid utmost attention not to restrict these rights in the implementation of military criminal procedural law since when compared with the rights prevailing in favour of accused under civil criminal procedural law there is no actual and legal reason obliging the accused's right to be treated as such restricted.