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

Print Time:2024/11/23 23:47
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 11 Evidence
Article 116
Facts of crime should be distinguished based on evidence; without evidence, one can't judge the crime.
Article 117
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.
Article 118
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.
Article 119
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.
Article 120
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.
Article 121
Judicator or military prosecutor can assign local military judicator, military prosecutor, court, or prosecutor to interrogate witnesses.
Article 122
Military Court or military prosecutor can implement examination when doing survey.
Article 123
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.
Article 124
The above first, second, fifth and sixth amends of first item, can be done by military police if necessary.
Article 125
Regulations about evidence in Criminal Law can be applied if it doesn't contradict the law.
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