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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 2 The First Trial
Chapter 1 Investigation
Article 130
Servicemen on duty, without counseling others, known to be suspected guilty, will be lodged as accusation.
The victim of the guilt committed by servicemen should file the lawsuit.
The accusation and lawsuit should be filed as documents or oral reports to Military Attorney General, police officials and officers or all levels of military organizations and chiefs. The oral reports should be attached with deposition.
Article 131
The accusation lodged in the form of documents requires investigating the accusant beforehand.
The accusant has the right to demand secret-keeping.
Article 132
People confessing their crimes to military attorney general, police officials and officers or their chiefs are applied to item 3 of article 130.
Article 133
Military investigators should start the investigations as soon as they realize the suspicion by way of accusation, lawsuits, crime-confessing or other affairs.
The former investigation requires the military investigators to order military police official (article 59) and military police officers (article 60) to hand in reports of general situations of the crime as well as collection of the evidences. Related documents or certificates should be handed in if necessary.
Article 134
Article 160 and 118 of the Criminal Code of the crime of appealing by foreign governments would be transferred to the military attorney general of Ministry of National Defense.
Article 135
The defendant can be summoned before the investigation only when it is necessary.
Article 136
The defendant present by summoning or self-confessing, when deemed as of no necessity to be detained, even though he corresponds to one of the situations in item 1 of article 102 and 103 after investigated by the investigators, is granted bail, deliverance or limited in residence. If the defendant is detained, he is arrested immediately and informed of the arrest based on the facts. The military court is also requested to detain him. The situation applies to rule 2, 3 and 5 of article 98.
Article 137
The moment military police official realizes the suspect is not under his area before or after the investigation, except for urgent needs to discipline immediately, he should send him in to military investigators along with the documents and certificates. The suspects and defendants arrested or under custody will also be transferred under escort.
Article 138
The military police officials should file the public prosecution against the defendant after he detected all evidences and considered him suspected of guilty.
The public prosecution is filed against the defendant when his whereabouts are unknown or the matter is not involved in the jurisdiction.
Article 139
The suspect is under non-prosecution when one of the following situations is included in his legal case:
1. The conviction of his crime is once obtained.
2. The time is finished.
3. The defendant once obtained oblivion.
4. The law has abolished the criminal punishment after the defendant commits the crime.
5. The crimes of accusing by the court or appealing to the court of which the request or appeal has been revoked or expired the appealing time-period.
6. The defendant is dead.
7. The military court has no rights of trial on the defendant.
8. People who are not punished.
9. The law should remit the defendant's punishment.
10.The suspicion of the defendant's commission of the crime is insufficient.
The case of defendant who applies to rule 7 and under non-prosecution will be handed to the Investigation Department of the Court.
Article 140
The following crimes that are deemed as non-prosecution, after the investigators deliberate on issues of article 57 of the Criminal Code, will not be prosecuted:
1. The crime that deserves limited imprisonment under three years, detaining and forfeiting is the heaviest punishment.
2. Burglar of article 320 and 321 in the Criminal Code
3. Invasion of rule 2, article 326 in the Criminal Code
4. Deception of article 341 in the Criminal Code
5. Infidelity of article 342 in the Criminal Code
6. Intimidation of article 346 in the Criminal Code
After deliberating about the situations, the military attorney general has to inform the accusant and subordinating officials of the defendant of the following issues before the attorney general decided on the non-prosecution:
1. Apologize to the victim.
2. Write penitence letters
3. Pay equal amount of consoling money to the victim
The former situations should be appended in the non-prosecution book.
Rule 2 of Article 3 should be strictly enforced in civil law.
Article 141
Military attorney general who has decided on non-prosecution of the defendant should make disciplinary action report describing the reasons and send it to the defendant, the accsant, the defenders, subordinating officials of the defendant and the higher-level procuratorate of military court.
Article 142
After the defendant, the accsant and the subordinating officials of the defendant receives the disciplinary action report, they have to make statements about the reasons they are unwilling to accept as well as request for the second procedure to the higher-level procuratorate of military court within seven days.
The second procedure will not be requested if there are situations in rule 2 of article 140.
Article 143
Chief procurator of the higher-level procuratorate of military court should turn down the request as he considers it unreasonable. Otherwise, for those he considers reasonable, he gives the following disciplinary actions:
1. He will order the public procurator of original procuratorate of military court to continue the investigation when the investigation has not been completed.
2. He will order the public procurator of original procuratorate of military court to file a lawsuit when the investigation has been completed.
Article 144
When a case undergoes non-prosecution, it is not filed a lawsuit again except for the following situations:
1. When new facts or evidences are found
2. When there are reasons for undergoing the second procedure in item 1, 2, 4 or five in rule1 of article 218.
Article 145
When the suspect is unknown or is not involved in the jurisdiction, the investigation will not be completed before his behavior is deemed to correspond to that of article 139.
Article 146
Regulations of the Criminal Procedure Law concerning the lawsuits, when having no violation against the Chapter will be adopted.