Any military personnel on active duty who commits crimes of Criminal Code of the Armed Forces or special codes concerned shall be subject to prosecution and punishment under these codes at war time.
Any military personnel on active duty who commits the following crimes shall be subject to prosecution and punishment under the Code of Criminal Procedure while not at war time:
a. Article 44 to Article 46 and Article 76, section 1 in Criminal Code of the Armed Force.
b. Other crimes of previous subparagraph a.in Criminal Code of the Armed Force or special codes concerned.
Non-military personnel shall not be tried by military court.

The so- called military personnel on service in the law means superintendent sergeant and soldiers.

Armed forces built up based on the law are regarded as military personnel on service if they are temporarily incorporated into war line.

Captive or those soldiers surrendered are prosecuted or judged according to the law.

If one perpetrates before serving on forces but the crime is revealed in commission, he will be prosecuted and judged based on the law. However, if the case is still being dealt with and the sinner has retired. One who commits a crime in commission but revealed after he retires, it is judged in the court.
About the above two rules, there are different identities applicable to the law.

The so-called parties in the law stand for prosecutors and defendant.

The "wartime" referred in the law means during the period people defense aggression and start the war with President's command.
The period under martial law due to war or insurgence is considered wartime.

The Military Court referred in the law are divided into three classifiers:
1. Local Military Court
2. Higher-grade Military Court
3. Supreme Military Court

The government officers responsible for implementing process (case procedure) should pay attention to whether the case is advantageous or disadvantageous to defendant or not. defendant can require government officers for advantageous .

The military staff referred in the law means judge advocate, chief public defender, public defender, probation officer, clerk, legal medical expert, inspection clerk, interpreter, military officer. The "military officer" referred in the law means Military Court minister, judge, military judicator, Military Court Prosecution Bureau attorney general, chief military prosecutor and military prosecutor.

A judge advocate shall possess one of the following qualifications to be appointed by Ministry of National Defense:
1. Having passed the judge advocate, judges or prosecutors qualification examination.
2. Having passed the attorneys, judicial associate officers, prosecutor investigators, or legal system senior civil service qualification examination, and having passed the national defense professional training examination.
3. Having graduated from the department of law or the post-graduate law program thereof of a public or duly recognized private university or college, served as a professor or an associate professor for three years, or served as an assistant professor for four years at a university or an independent college accredited by the Ministry of Education, and lectured on primary legal subjects of Ministry of National Defense for more than two years with publication(s) in the legal profession, and possessed the qualifications for the associate position.
" Judge advocate qualification examination" referred to in Section 1 of the preceding paragraph, is held by the Examination Yuan.
Ministry of National Defense shall promulgate rules on personnel selection requirement, procedure, age limitation, national defense professional training referred to in Section 2 and 3 of the preceding paragraph.
The appointment of public defender, probation officer, clerk, forensic medical examiner, forensic investigator and interpreter shall be made in accordance with the judicial personnel unless regulated by other enactments.

According to the regulation of the law, military officer shouldn't wage- cutting, position- detaining or position- stopping and doesn't have job rotation. If military officer is rotated to other offices, the yearly wages and treatment should be ordered by regulations.

When a military officer is in commission, he can't participate in political activities.

If a military officer loses his work due to change of organization or system, he should be paid in original wages and assigned another job as soon as possible. The left interval can't be more than one year.

Ministry of National Defense build up Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Local Military Court to set up temporary court in special troops.

Ministry of National Defense build up Higher-grade Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Higher-grade Military Court to set up temporary court in war zone.

Ministry of National Defense builds up Supreme Military Court in the location of central government belongs. In wartime, it can authorize Supreme court to set up temporary court in war zone.

Every- leveled Military Court and branches are composed of one minister, several military judicator; minister is served concurrently by military judicator to deal with administration affairs of its Yuan.
The monitoring of administration in every Military Court is based on the following regulations. Besides, it can't influence the operation of judging preveledge.
1. The Minister of National Defense monitors Every- leveled Military Courts and branches.
2. Supreme Military Court Minister monitors its Court and lower-level Military Court and branches.
3. The minister of Higher-grade Military Court monitors its branch and belonged lower-level Military Court and branches.
4. Higher-grade Military Court and branches minister monitors the branch and belonged lower-level court and its branches.
5. The minister of Local Military Court monitors the Yuan and its branch.
The Minister of Local Military Court branch monitors the branch.

Every- leveled Military Court and branches sets up judge court according to the law, and the number of courts is decided by the simplicity or complexity of affairs. About the above item, there is one minister in every court; the minister is held by military judicature to monitor affairs of the court.

Set several public defender in every level Military Court and branches to deal with pleader of cases. If there are more than two public defender, one of them is assigned as chief public defender. The chief public defender is responsible for monitoring and assigning affairs.

There are several clerks in Every- leveled Military Court and branches. They are monitored by military judicatory and are responsible for record, case planning, statistics and clerk. If there are more than two clerks, one of them will be assigned as chief clerk.

Every- leveled Military Court and branches can set several interpreter and military soldiers. They are monitored and assigned by military judicatory.

The set and amount of staff of Every- leveled Military Court and branches are ordered by Ministry of National Defense.

The judgments of Every- leveled Military Court and branches are implemented by single judicatory or three judicators.
The judgments of Higher-grade Military Court and branches are implemented by three judicator. Higher than colonel or served judicatory can't be less than two people.
The judgments of Supreme Military Court is implemented by higher than colonel or five judicators.

In collegiate judgment, judge is assigned as judicator. If there is no judge or judge has something to deal with, the position is held by the one with the highest stage and deep wages.
Single judgment is implemented by military judicator.

When there is lack of staff in the organization of collegiate court due to military judicator refuse involvement or other reasons, it can be sent to higher- leveled Military Court and temporarily designated by them.

Local Military Court is in charge of controlling captain, sergeant soldiers and other same first judge cases.

The cases controlled by Higher-grade Military Court are as follows:
1. The first judge cases of general officer, field grade officer and same-leveled soldiers.
2. Pursuit cases that don' t comply with judgment of Local Military Court and its branches.
3. The cases that don't comply with Local Military Court and its branches.

The cases Supreme Military Court dominates contain:
1. The cases which don't comply with the judgment of Higher-grade Military Court and its branches and then appeal.
2. The cases which don't comply with adjudication of Higher-grade Military Court and its branches and then counter appeal.
3. The cases referred in the 204th clause.

The proviso of 2nd item in 1st clause is the cognizance of cases of non- in commission is based on rules of soldiers. But clerk is dominated by based on their original position the same as officer, sergeant and non- commissioned officer and sergeant. The cases of captivity and surrender are ruled by soldiers.

The crimes committed by militant in commission are dominated by local Military Court. The crimes committed by non- in commission militant are dominated by local Military Court on the site of crime- committing or dwelling place of sinners. Out of China domain crimes such as in the airplane or ships are dominated by Military Court in location, starting point or landing and parking places. If any crime isn't based on the above three cases, it is dominated by Military Court in the center of the government.

The crimes committed by non- in commission and in commission militants is ruled by the second clause of the above item; if it belongs to different Military Court, it will be dominated by Military Court which is responsible for dealing with militants in commission. If the crime committed by non- in commission militants part should be dominated Higher-grade Military Court, the case will be sent to Higher-grade Military Court.

When higher-up Military Court meets the condition as 26th clause describes, to pursue justice of judgment and accord with the facts, the defendants can be sent to other same-leveled Military Court; if there is change in domain of Military Court, the cases can be sent to nearby same-leveled Military Court. Military Court which receives the case can't reject the order.

If part of the crime facts shall be prosecuted and tried by the Code of Criminal Procedure, all part of the crime shall be prosecuted and tried by the Code of Criminal Procedure.

Criminal Law or other rules about domination of courts which don't disobey the law are allowed being used.

The sessions of military court is implemented in Military Court. If necessary, they can be executed in an appropriated place within domination. The above proviso is used in wartime.

The dispute of litigation and announcement of judgment in military court should be informed in public. However, if it disturbs national security, public order, good custom or hurts witness' life or body, it shouldn't be divulgated. When the case is decided not to divulgate in military court, judicator has the responsibility to inform the reason. About the above condition, judicator should allow people without interference to listen.

Judicator has the right to give commands about the open of the court and case judging. During the session of the court, judicator has the right to keep order.

If someone destroys the order of the court or behaves wrongly, judicator can stop his entering the court or order him to leave the court. If necessary, the person should be under control until session closes. About the above announcement, anyone can't disobey it. The above two items, judicator can keep it when he works outside the court.

When lawyer doesn't behave appropriately defending on the court, judicator can give warning or stops him defending on that day. Pleaders are the same as the case.

When judicator gives punishment to the above two cases, he should write down the reason in record.

From 36th to 41st clauses are regulations to judicator. They can be implemented when entrusting military judicator, entrusted military judicator carry their responsibility.

When military judicator and clerks carry their responsibility on the court, they should wear uniforms. It is the same case with military prosecutor, public defender and lawyers.

Chinese should be used in the judgment of military court.

If litigants, witnesses, expert witnesses, and other people relevant to the case are not familiar with Mandarin, the communications shall be assisted by interpreters. People who are hearing or speech impaired, too.

Case document should be written in Chinese. If it is for reference, there can be attachments in dialect or foreign languages.

The above three regulations are used when prosecutor are carrying out their responsibilities.

If regulations of org law are different from the law, use the law as basis.

There are Prosecution Bureau set in every court and branches by Ministry of National Defense.

There is one Attorney General, several military prosecutor in every Military Court and its branches; Attorney General is responsible for administration affairs. If there are more than 6 prosecutor in every Military Court and branches, the can be divided them into groups. In every group, one person is selected as Chief Military Prosecutor to monitor affairs of the group.
Administration monitoring in every Military Court and branches are based on the following regulations:
1. The Minister of National Defense monitors every Prosecution Bureau in Military Court and its branches.
2. Attorney General of Prosecution Bureau in Supreme Military Court monitors belonging lower-leveled Prosecution Bureau of Military Court and its branches.
3. Attorney general of Prosecution Bureau in Higher-grade Military Court monitors belonging lower-leveled Prosecution Bureau of Military Court and its branches.
4. Attorney general of Prosecution Bureau in Higher-grade Military Court branch monitors belonging lower-leveled Prosecution Bureau of Military Court and its branches.
5. Attorney General of Prosecution Bureau in Local Military Court monitors Prosecution Bureau itself and its branches.
6. Attorney general of Prosecution Bureau in Local Military Court monitors itself.

There are several legal medical expert and inspector set in Prosecution Bureau of lower Military Court and its branches; they follow the commands of military prosecutor to carry our their responsibilities. There are several probation officer set in Local Military Court and its branches to execute controlling work. About the above two items, if there are more than two people, select one as chair.

The regulations from 21st clause to 23rd clause are used in every Prosecution Bureau of Military Court and branches.

The responsibility of military prosecutor are as follows:
1. Detect, propose pleas of the Crown, implement pleas of the Crown and give command to execution of judge.
2. Other work will be ruled in other laws.

Military prosecutor instructs responsibility separately to Military Court.

Attorney General of Prosecution Bureau in Military Court is in charge of conducting and monitoring affairs of military prosecutor and belonging military prosecutor. Military prosecutor should obey the commands from superintendent.

Attorney general of Prosecution Bureau in Military Court can deal with affairs by itself or transfer to other military prosecutor for process.

When military prosecutor carry out their responsibilities, they can delegate soldiers to select armed forces as police equipment and ordinary affairs.

The following personnel are called military police officer; they are responsible for assisting military prosecutor to detect crimes.
1. Superintendent of military police.
2. Superintendent of police.
3. Superintendent of specially set organizations.
4. Superintendent in military organizations, troops, schools. Or captains of navy vessels.
5. Armed forces set by law or superintendent and captain in wartime.
About the above items, military police officer should send the results of detection to the belonging military prosecutor. For example, accept apprehended or arrested suspect and then send to military prosecutor except for other special rules. They should obey the commands of military prosecutor. Non apprehended or arrested suspect cant be sent.

The following personnel are called military police officer; they should receive the commands from military prosecutor to detect crimes.
1. Superintendent and officer of military police.
2. Superintendent of police.
3. Superintendent of specially set organizations.
4. Those who can carry out responsibility of judiciary police officer about special items.
If military police officer find any suspect, they should start investigation immediately and report the condition to belonging military prosecutor or belonging superintendent. If necessary, they can block the location and execute investigation.

The following personnel are called military police. They should receive commands from military prosecutor and military police officer to detect crimes.
1. Military police.
2. Police.
3. Crew of specially set organizations.
4. Those who can carry responsibility of judiciary police officer about special items.
If military police find any suspect, they should start investigation immediately and report the condition to belonging military prosecutor, military police officer or belonging superintendent. If necessary, they can block the crime scene and execute investigation.

According to the first three regulations, when military prosecutor carry out their responsibility, they should show conducting identity. The above regulation is used when military judicator is carrying out responsibility.

Military prosecutor should carry their responsibilities during session. They have to propose opinion when dealing with pleas of the Crown.

When happed any one of the following conditions in cases, military judicator should recuse by himself:
1. Military judicator himself is victim.
2. Military judicator is victim's spouse or relatines, within eight consanguinity.
3. Military judicator has been engaged with victim or defendant.
4. Military judicator is or has been legal representative of victim or defendant.
5. Military judicator has been legal representative, pleader, or assistant of defendant.
6. Military judicator has ever been defendant, relater, witness or appraiser.
7. Military judicator has ever carried the responsibilities of military prosecutor or military police officer.
8. Military judicator has been judge of the former case or original judge.

When a party meets any one of the following conditions, he can propose military judicator to recuse in written announcement; in session or being asked, he can propose orally:
1. Accord with the above condition but military judicator doesn' t recuse by himself.
2. military judicator behaves wrongly in other conditions.
About the second condition, if the party has proposed explanation, anyone can't make military judicator recuse. But if the reason for recusing happens thereafter, it is not under the limitation. Reasons for recusing and the facts of proviso should be explained. Judicator who recuses can hand written in opinion .

The inform of military judicator's recusing is decided by belonging Military Court; if the number of people is less than quorum, the minister makes the decision. If the minister can't make decision, it is directly decided by higher Military Court. Military judicator can't join in the decision of recusing. If the proposal is reasonable, military judicator has to recuse without adjudication. If the proposal is rejected, military judicator can propose counter appeal.

Military judicator who are proposed to recuse have to stop cases immediately except for the reason of 2nd proviso of first item in 64th clause.

If Military Court or minister who decides to recuse ,military judicator has to recuse by himself, it is adjudicated based on priority. The above adjudication doesn't have to be sent.

The rules related to recusing in the chapter are used by military prosecutor, clerks and interpreter. But they can't regard having been carried out responsibility of military prosecutor, clerks or interpreter as reasons for recusing. The recusing of clerks and interpreter in Military Court is adjudicated by belonging minister of Military Court. The recusing of military prosecutor, clerks and interpreter should be adjudicated by belonging Attorney General of Prosecution Bureau. The recusing of Attorney General of Prosecution Bureau should be audited by higher-up Attorney General of Prosecution Bureau in Military Court.

The defendant can select pleader at any time. It's the same case with suspect investigated by military police officer or military police.
The belonging superintendent, legal representative, spouse, or parents of defendant and suspect can be their pleader
If defendant or suspect can't fully express by himself owing to mental functions or structures of the nervous system, people referred in the above item should be informed to be pleader. If they can't be informed, it's not within the limitation.

The belonging superintendent, spouse, parents or legal representative can be defendant's assistant to express opinions on the court.
If defendant or suspect can't fully express due to mental functions or structures of the nervous system, there should be assistants accompanying with.
The above two items are engaged in national defense secret and have to be limited.

Pleader is assigned based on the one recorded in Supreme Military Court. During session, the one agreed by judicator can be pleader, too.

If there is more than one pleader, the document should be sent separately.

Every defendant can't have more than three pleaders. When selecting pleaders, one should propose authorization. The above authorization should be sent to military prosecutor, military police officer or military police before indictment; after indictment, it should be sent to Military Court.

The lightest sentence is three- year rap. If defendant can't fully express due to mental functions or structures of the nervous system, and with no pleader, judicator should assign public defender as his pleader; it's the same in other cases if necessary. In the above case, if selected pleader doesn't present on the court, you can assign public defender. If there is more than one defendant, you can assign one to be pleader. But if defendants have benefit differential, this rule is not applied. After assigning public defender and selected as pleader, the original pleader should be cancelled.

Public defender can be substituted for writing pleading or other document to meet the requirements of defendant.

Public defender can't receive any payment from defendant or related person.

Public defender individually carry out its responsibility to Military Court and military prosecutor.

Public defender is responsible for sparing no effort to gather information beneficial for defendants.

Pleaders can investigate dossier and evidence as well as writing down or taking pictures. But they can't take pictures when the case engaged in national defense secret.

A defense attorney may interview and correspond with a suspect or an accused under detention, provided that if facts exist sufficient to justify an apprehension that such defense attorney may destroy, fabricate, or alter evidence or form a conspiracy with another principal offender, a co-offender or witness, such interviews or correspondence may be limited.

Pleaders should propose apologia about cases.

The rules of public defender which don't bother the chapter can be applied.

The articles of rule 69Ⅲ, 70Ⅱ and 74Ⅰwill also be acceptable for a person with intelligence disturbance, mental disorder, autism, dementia , who also received the disability manual which is comprehensively enforcing/implementation of the amended articles claimed on July 11th in 2007.

In addition to special rules, soldiers in commission should write down their names, gender, age, birth place location, military institution, names or numbers of troops or schools, position and resident or other characteristics; non soldiers in commission should write down name, gender, age,brith place, and resident. Besides, the names of military prosecutor and pleaders should be written down in verdict. The original copy of the verdict should be signed by judicator and military judicator, if judicator doesn't sign due to some reason, older military judicator should write down the reasons; if military judicator doesn't sign, judicator should write down the reasons.

Document sending is processed by clerks, military police in Military Court or Military Court Prosecution Bureau or post offices. The server should express his resident place, work place, or substituter's place to belonging military institution, troops, schools. If the server is in punishment, send it to his superintendent. If the server lives outside the location of Military Court, soldiers in commission can assign military police officer, Military Court or Military Court Prosecution Bureau in the belonging locations send it; non-commissioned soldiers can assign local court or Prosecution Bureau to send it.

If the sending place can't be arrived within the power of law, the document can be sent in broadcast. The method and efficient period are ruled by Minstry of National Defense .

The regulations in Criminal Law can be applied if it doesn't disobey the law.

Date and period are based on regulations in Criminal Law.

When summonsing the defendant, the monition should be used. If necessary, another method is used:
There should be the following items written in the monition:
1. The name, gender, military institution, names and numbers of troops or schools and location of the defendant should be written down in the monition.
2. The reasons for cases.
3. Date, time and location.
4. Those don't appear and without reasonable reasons should be apprehended.

If an accused is strongly suspected of having committed an offense, and if one of the following circumstances exists, he may be arrested with a warrant without first being served with a summons:
1.He has no fixed domicile or residence;
2.He has absconded or there are facts sufficient to justify an apprehension that he may abscond;
3.There are facts sufficient to justify an apprehension that he may destroy, fabricate, or alter evidence, or conspire with another principal offender, a co-offender or witness;
4.He has committed an offense punishable with death penalty or life sentence, or with a minimum punishment of sentence for no less than five years.

When apprehending the defendant, the warrant should be used. The warrant should record the following items:
1. The name, gender, military institution, names and numbers of troops or schools and location of the defendant.
2. The reasons of cases.
3. Reasons for apprehending.
4. The sending location.
Regulations in third and fourth items of 88th clause are applied. Apprehending is implemented by soldiers, military police and military police office

Defendant apprehending should be done together with belonging superintendent. But if the defendant leaves the location, it's not under the limitation. If the defendant is general, superintendent or something, attorney general of Prosecution Bureau in Military Court should sign on the detection of warrant, judging part is signed by minister of Military Court. If the defendant is non in commission soldier, the apprehending should be done together with belonging police institution or self- governing units.

If the defendant escapes or hides, someone should be promulgated the order to arrest him.

When an order for the arrest of the defendant is promulgated, circular orders for the arrest of a criminal should be used.
There should be following items written in circular orders for the arrest of a criminal:
1. The name, gender, military institution, names and numbers of troops or schools and location of the defendant. But if the data is not clear, shouldn't have to be recorded.
2. The facts of the case.
3. Reasons for promulgating an order for the arrest of the defendant.
4. The date, time and location of committing crimes. But if the above data is unclear, you don't have to record it.
5. Sending location.
In the part of detection in an order for the arrest of the defendant is signed by Attorney General of Prosecution Bureau in Military Court; the judging part is signed by the minister of Military Court.

When circular orders for the arrest of the defendant is seminated, military prosecutor, military officer or military police can apprehend the defendant or directly arrest him. Benefit relaters can directly arrest the defendant, and send him to military prosecutor, military officer, military police, or demand military prosecutor, military officer and military police to arrest him. When reasons for promulgating an order for the arrest have been died out or unnecessary, it should be cancelled.

military prosecutor, military officer, or military police can directly arrest the defendant when the following occurrences is met:
1. There is sufficient fact to distinguish the defendant intending to escape according to his statements.
2. The defendant escapes during execution or arrested.
3. There is sufficient fact to judge the suspect, and he intends to escape after investigation. But less than one-year rap, fining are not under the limitation.
4. The crime is death penalty, life sentence, or more than 5-year rap and the sinner intends to escape.
When the above case is executed by military prosecutor, the warrant is not used; if it is executed by military officer or military police, they should inform military prosecutor to sign the warrant after implementation. If military prosecutor doesn't sign the warrant, the arrested person will be set free.
The regulations of 112th clause are applied in the first condition. But it should be known by military prosecutor. Military prosecutor, military officer, or military police arrest the suspect according to the first procedure, they should inform the person in itself and his parents; they can select the pleader.

Person without right of detecting but arrests flagrant sinner, he should immediately send to nearby military prosecutor, military officer, or military police. After military officer or military police have received or arrested the flagrant sinner, they should immediately send him to military prosecutor. But if the punishment is less than 1-year rap, fining judge after filing a lawsuit or judge after demanding and the demand has been cancelled or died out, with military prosecutor's permission, he can't be sent.
To arrested flagrant sinner, one should interrogation his name, resident place and reasons for promulgating an order for the arrest.

Defendant apprehending should show warrant in addition to special regulations. After apprehension or arrest, the reasons for apprehending or arresting should send written notification to people the arrested person assigned.
The defendant apprehended or arrested should be sent to his resident place; if he can't arrive in 24 hours, military prosecutor should send him to nearby Military Court Prosecution Bureau first and confirm if there is any mistake.

The defendant and suspect arrested due to apprehension should immediately interrogation. After investigation, if it is necessary to detention, they should express reasons for detention in 24 hours, and demand belonging Military Court to detention him. If the above condition is not demanded, military prosecutor has to set the defendant free immediately. But if there is 102nd clause first item or 103rd clause first item conditions and unnecessary to demand detention, they can require completing all arrangements and procedures for release on bail, pay off or limiting resident. If necessary, they can demand Military Court to detention him. From the first to third regulations are applied when military prosecutor is sending the defendant.

When meeting the following occurrences in third item of 97th clause and the above two items, the processing time is not included. Is met unnecessary delays are not alloeed :
1. Delay due to traffic jam or other irresistible reasons .
2. Time for sending on way.
3. Not allowed to interrogation at night.
4. Not allowed to interrogation due to uncomfortableness of defendant or suspect.
5. Awaiting for defendant or suspect's pleader. The time can't be more than 4 hours.
6. The defendant or suspect needs interpreter but he doesn't show up. The time can't be more than 6 hours.
7. Waiting for bail or pay off. The time can't be more than 4 hours.
8. During the time the suspect is under investigation.
During the process of the above items, it is not allowed to interrogation.

About citing and apprehending regulations in Criminal Law; if they don't disobey the law, they can be applied.

When interrogating the defendant, you should ask his name, age, birth place, position or in commission period, military institute, name of troops or schools, resident place to confirm if there is any mistake. If it is wrong, he should be set free immediately; if the cognizance is wrong, he should be sent.
You should also ask if the defendant has any award, the name and position of his belonging superintendent, military institute, name and numbers of troops and school. If the superintendent is also defendant, interrogate his superintendent.

An accused may be detained after having been examined by a military judge and is strongly suspected of having committed an offense, and due to the existence of one of the following circumstances it is apparent that there will be difficulties in prosecution, trial, or execution of sentence unless the detention of the accused is ordered:
1.He has absconded, or there are facts sufficient to justify an apprehension that he may abscond;
2.There are facts sufficient to justify an apprehension that he may destroy, fabricate, or alter evidence, or conspire with another principal offender, a co-offender or witness;
3.He has committed an offense punishable with the death penalty, life sentence, or a minimum punishment of sentence for no less than five years.
4.There are facts sufficient to justify an apprehension that he may impair military security if not detained.
At the time a military judge is making the examination in accordance with the provision of the preceding paragraph, the military prosecutor may be present and state the reason for applying detention order and present necessary evidence.
The accused and his defense attorney shall be informed of the facts based to support the detention of an accused as specified in paragraph I of this article. The same shall be stated in the record.

An accused may be detained, if necessary, after having been examined by a military judge and is strongly suspected of committing one of the following offenses, and if there are facts sufficient to justify an apprehension that he may re-commit the same offense again:
1.The offense of Arson as provided in paragraphs I, II, and IV of Article 174, and paragraphs I and II of Article 175, and the offense of Constructive Arson as provided in Article 176 of Criminal Code;
2.The offense of Forced Obscene Act as provided in Article 224, the offense of Sexual Intercourse or Obscene Act against under aged child as provided in Article 227 of Criminal Code. If a complaint is not filed or has been withdrawn, or if the period of time for filing the compliant has lapsed, then this paragraph shall not apply;
3.The offense of False Imprisonment as provided in Article 302 of Criminal Code;
4.The offense of Larceny as provided in Articles 320 and 321 of Criminal Code;
5.The offense of Abrupt Taking as provided in Articles 325 and 326 of Criminal Code;
6.The offense of Constructive Robbery as provided in Article 329 of Criminal Code;
7.The offense of Extortion as provided in Article 346 of Criminal Code.
The provisions of paragraphs II and III of the preceding article shall apply mutatis mutandis to the preceding paragraph.

During the detention of the defendant, the detection can't be more than two months; the judging can't be more than three months. If it is necessary to continue detention, based on regulations in 102nd or 103rd, the adjudication is prolonged. During the prolonged period, military prosecutor should attach concrete reasons and send it to Military Court for adjudication in 5 days. About the above adjudication, the original copy is sent to the defendant to reach prolonging effect. When the detention is finished, the adjudication prolonging demand is not qualified, it will be cancelled. During the detention time, it is counted from the day dossier, and evidence is sent to Military Court, Supreme court or Higher-grade court on.

Implementing detention of defendant,should use the ticket.
There should be fingerprint of the defendant on the ticket and the following items should be written down:
1. The name, gender, military institution, names and numbers of troops or schools and location of the defendant.
2. Reasons for the case.
3. Reasons for detention and facts based on.
4. Location for detention.
5. Detention period and counting date.
6. Punishment for disobeying detention.
The third item of 88th clause is applied. The ticket is signed by military judicator. When implementing detention, the defendant should be sent to booby hatch; if there is no booby hatch, the defendant should be sent to judiciary booby hatch.

The defendant and his pleader or assistant can complete arrangements and procedures for release on bail at any time and demand to stop detention to court.
Military prosecutor can demand stop detention during detection.
Military Court can listen to opinions of the defendant and his assistant or pleader to the above two requirements.
Making decision of stopping detention, in addition to the second item of 107th clause, opinions of military prosecutor should be interrogate.

If the following occurrences happen, the defendant should stop detention:
1. The punishment is less than 1- year rap, fine.
2. Conceiving for more than 5 months, or not 5 months after birth.
3. Developing illness and it's hard to cure.

The defendant under detention can stop detention without completing all arrangements and procedures for release on bail or pay off.

Canceling or stopping detention, completing all arrangements and procedures for release on bail, pay off, limiting resident, are adjudicated by Military Court. When the case is under third judgment, but dossier and evidence have been sent to the belonging court; the above punishment and other punishments related to defendant- detaining are still adjudicated by second judgment military court. Military prosecutor can give the command of completing all arrangements and procedures for release on bail, pay off, limiting resident, receiving bargain money or canceling indemnity during detection.

Regulations related interrogation and detention of defendants in Criminal Law which don't contradict the law can be applied.

When searching, warrant is used.
The following items should be written down on the warrant:
1. Reasons for the case.
2. Searched defendant, suspect or distressed objects. But if the defendant or suspect is unclear, omit it.
3. Location being searched, body, objects and records in the computer.
4. Efficient period.
Warrant is signed by military judicator. Military judicator also can instruct commands for people responsible for implementing it. The procedure of giving warrant is not notified. Searching can be implemented by military prosecutor, military judicator, military officer or military police.

During detection, if military prosecutor regards searching is necessary, he should record items in the above second item and express reasons except for conditions without warrant, demanding belonging Military Court to give warrant. When military officer regards it's necessary to search during investigation and evidence gathering, he can require Military Court for giving warrant after getting permission from military prosecutor. If the above two items are rejected by Military Court, one has to obey it.

When military prosecutor, military officer, military police or soldiers arrest defendant, suspect or implement apprehension or detention, they can search his body and objects without warrant.
When the following condition occurs, military prosecutor, military officer, and military police can search without warrant:
1. Arrest defendant, suspect or implement apprehension and detention.
2. Trace fragrant sinner or escaped sinner.
3. With sufficient evidence to prove someone commits crime.
During detection, if military prosecutor has sufficient reasons and the situation is urgent, he can directly do searching or command military officer, military police or soldiers to search.
About the above two searching, if it is done by military prosecutor, inform Military Court in 3 days; if it is done by military officer, military police or soldiers, inform to belonging Attorney General of Prosecution Bureau in Military Court. If Military Court doesn't permit it, cancel it in 3 days.

If the one being searched agrees to be searched, warrant doesn't have to be used. Execution personnel should show identity and record the agreement.

After searching, military prosecutor or military officer should report the results to Military Court.

Governmental institute, government emplayees, or other distressed object keepers should give them back. If necessary, one can search . The above situation, without permission of belonging monitoring institute or government emplatees one, you can't distress it. The above permission can't be rejected except for those disturbing national benefit.

When searching for secret places in institute, troops or schools, one should inform superintendent or assign them to implement it. Resident searching should be implemented together with neighbors.
The same case searched by more than two institutes in one location should be informed.

Regulations about searching and distressing in Criminal Law which don't contradict the law can be applied.

Facts of crime should be distinguished based on evidence; without evidence, one can't judge the crime.

The affirmation of evidence is judged by Military Court. Evidence with no affirmation, qualified investigation, or disaccording with truth or facts can't be basis for judgment.

Record in dossier or other document for evidence should be informed to defendant; when defendant requires to read, it is accepted. Documents related national defense secret, custom, public security or bothering others' fames should be sent to defendant for reading.

Warrant is used when citing witness.
The following items are recorded on the warrant:
1. Name, gender, resident place of witness.
2. Facts waiting to be proved.
3. Date, time and location.
4. Those don't show up without reasonable cues should be fined.
5. Witness can require charges.
Fourth regulation on 88th clause is applied.
Warrant should be sent before 3 days. When there is urgent circumstance, it's not under the limitation.
Military officer or military police can inform witness to show up if necessary.

Witness doesn't show up without reasonable cues or rejects to evidence can be fined less than 15 thousand NT dollars or apprehended. The above punishment ; soldiers in commission are implemented by Military Court, military prosecutor is adjudicated by Military Court, non- commissioned soldiers are adjudicated by courts. Apprehending witness is based on regulations.

Judicator or military prosecutor can assign local military judicator, military prosecutor, court, or prosecutor to interrogate witnesses.

Military Court or military prosecutor can implement examination when doing survey.

Punishments for survey:
1. Survey locations related to committing crimes.
2. Investigate body.
3. Investigate corpus.
4. Dissect corpus.
5. Investigate objects related to cases.
6. Other necessary punishment.
The above punishment in the third clause can be done by court or prosecutor.

The above first, second, fifth and sixth amends of first item, can be done by military police if necessary.

Regulations about evidence in Criminal Law can be applied if it doesn't contradict the law.

The judge should be decided through counseling. Besides, record opinions in the book. The disclosure of the book is based on regulations of org law.

In judge counseling, judicator is chairman. Delivering is from low stages or younger ones. Pass-half opinions are adjudicated. If necessary, make decision by voting. About money, if opinions are divided into three parts, and each part is not more than half, deciding by the most one. About criminal law, if opinions are divided into three parts, and each part is not more than half, the one which the most harmful to defendant is included.

Judgment should be heralded. Judgment without thorough dispute is not under the limitation. Adjudication should be heralded, too. Judgment heralded in first item should be informed to higher-up superintendent after herald.

Regulations about judgment in Criminal Law can be applied if it doesn't contradict the law.