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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 8 Summonsing and apprehending of defendants
Article 88
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.
Article 89
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.
Article 90
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
Article 91
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.
Article 92
If the defendant escapes or hides, someone should be promulgated the order to arrest him.
Article 93
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.
Article 94
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.
Article 95
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.
Article 96
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.
Article 97
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.
Article 98
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.
Article 99
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.
Article 100
About citing and apprehending regulations in Criminal Law; if they don't disobey the law, they can be applied.