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

Print Time:2024/11/24 00:04
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 9 Interrogation and detention of defendant
Article 101
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.
Article 102
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.
Article 103
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.
Article 104
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.
Article 105
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.
Article 106
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.
Article 107
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.
Article 108
The defendant under detention can stop detention without completing all arrangements and procedures for release on bail or pay off.
Article 109
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.
Article 110
Regulations related interrogation and detention of defendants in Criminal Law which don't contradict the law can be applied.
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