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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/07/14 11:57
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 6 Pleader and assistant
Article 69
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.
Article 70
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.
Article 71
Pleader is assigned based on the one recorded in Supreme Military Court. During session, the one agreed by judicator can be pleader, too.
Article 72
If there is more than one pleader, the document should be sent separately.
Article 73
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.
Article 74
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.
Article 75
Public defender can be substituted for writing pleading or other document to meet the requirements of defendant.
Article 76
Public defender can't receive any payment from defendant or related person.
Article 77
Public defender individually carry out its responsibility to Military Court and military prosecutor.
Article 78
Public defender is responsible for sparing no effort to gather information beneficial for defendants.
Article 79
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.
Article 80
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.
Article 81
Pleaders should propose apologia about cases.
Article 82
The rules of public defender which don't bother the chapter can be applied.
Article 82-1
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.
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