English abstract
This study aims at the necessity of containing the incrimination sources, the military punishment of the Ministry of Defense affiliates/personnel and the Armed Sultan Forces in a legal mould/ shape that is issued from the legislative authority, according to the application of the Clause( 21 ) from the basic statues of the country, and consequently there is a must to find the legal entity to the courtmartials, executing of the constitutional demand mentioned at Clause ( 62 ) from the basic statues of the country, and no doubt that it is considered to be one of the priorities for the legislative treatments to the state of the law, and this study has adopted a consolidation such as the constitutional and legal necessities, through answering the next inquiries :
1. To what extent "the current Sultanic Status(rules) are effectively applied, it's coverage of the incrimination issues and the military punishment in the application of the principle of the penal legitimacy, like what is applicable compared with other military penal legislations?
2. What is the differences between the military crimes and other types of crimes ?
3. What is the privacy that the military crimes are distinguished by in their judgments, their types and their shapes and ultimately specifying them compared with other military penal legislations ?
Furthermore, the researcher has classified all elements and contents of this dissertation to achieve in all contents of the research, and hence the discussion of all contents explanations new to the constitutional consolidation of the importance of a counting or the entrustment of the issues of incrimination and the punishment to the lawmaker, and hence the definition of the military crime, its discrimination, the clarification of its basics, it kinds and its shapes and finally showing the details of the military crimes that has been specified in the compared military penal legislations, reaching the researchers' recommendations on the importance of this study.
And from the most prominent results that they reached this study :
1. The necessity of counting the incrimination sources and the military punishment in a special legal legislation which is called " the laws of the military ..........". And this is independent and separate from the law of the general ............
2. The need to establish the court-martials, and they should be responsible only for looking at the military crimes, assuming that they should be formed to two grades only and their judges should be appointed according to the law of the judiciary no. 90 help / 99, taking into consideration the specialization of Supreme Court in the view of the appeals requests on the military appeal rulings, and also undertaking all disputes issues in the conflict of specialization between the court-martials and the courts of the ordinary justice .
3. The importance of defining the concerned persons by the judgments of the law of the military ........, and consequently guaranteeing of the achievement of the principle of the trial of the individual in front of its natural judge.
