Part 2 The First Trial
Chapter 3 The Second Trial
Article 151
One of the justice administers will be appointed as the appointed administrator in cases under collegiate trial for the preparation of trial; he should ask about the defendant and collect or investigate the evidences. The appointed justice administrator has the same rights as the justice administrator or the military court. Declaration of article 109 is not limited here.
Article 152
The Trial rights are enforced independently by the Military Court without any interference.
Article 153
The defendant will be summoned to court in the trial day; the military attorney general, the defenders and the assistants should also be informed.
The defendant and his family members, when summoned to the court, should have the chance to make statements. However, through official summons, if the defendant is absent without proper reasons or manifests that he is unwilling to be present, he is not under the restrictions above when deemed unnecessary or inappropriate by the military court.
Article 154
Lawsuits or other litigations should be mended by the military court when the lawful procedures are deficient and possibly to be mended.
Article 155
The judges, military investigators and clerks should be present on the trial day.
Article 156
On the trial day, the legal case will not be trialed if the defendant is absent, except for special regulations.
Rule 1 of article 74 announces that there will be no trial if the defenders are not present. But the announced verdict is not limited.
Article 157
After the Chief Justice interrogates the defendant based on article 101, military investigator should then describe the prominent ideas of filing the lawsuit.
Article 158
After the military investigator has described the prominent ideas of filing the lawsuit, the Chief Justice should proceed to interrogate the defendant about the lawsuit situation.
Article 159
The Chief Justice should detect the evidence after interrogating the defendant.
Article 160
After the investigation on the evidences, the debate should be proceeded in terms of the facts and the law in the following order:
1. The military investigator
2. The defendant
3. The defenders
If those have debated already need to debate again, the Chief Justice should order them to do the debate again.
Article 161
The Chief Justice should ask the defendant if he has any statement before the debate finishes.
Article 162
After the debate is over, if necessary, the military court has to hold the debate again.
Article 163
Participant military Chief Justices should be present from the beginning to the end on the trial days, if there are any changes, the trial procedures should be renovated.
If there is any change of the Chief Justice participating in the preparation of trial procedures, the procedures remain the same.
Article 164
The trials which cannot be ended in a day, except for special occasions, should be held the next day. If the next court is delayed over fifteen days, the trial procedures should be renovated.
Article 165
If the defendant has already been proved guilty, he should be informed of his punishment. For those who are released from criminal punishment, they should be informed of the verdict of being innocent.
Based on article 61, people who are innocent have to engage in the following matters agreed by the accusant and his subordinating officials:
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 court verdict.
Rule 2 of Article 3 should be strictly enforced in civil law.
Article 166
The former verdict is allowed to change the appropriate regulations used by the Chief Justice in terms of the crime leading to the lawsuit.
The former change cannot be done without informing the persons involved or opportunities for debate.
Article 167
When there is no evidence proving that the defendant is guilty or he has inappropriate behaviors, the defendant should be informed as innocent.
Article 168
When one of the following situations is involved in the legal case, the defendant should be informed as innocent:
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 verdict of heavy penalty due to other crimes that has been decided, when having no serious relations, the punishment should be meted out.
Article 169
When one of the following situations is involved in the case, the case will be dismissed:
1. When the procedure of the lawsuit violates the regulations.
2. The case under public prosecution is again brought to the same military court.
3. The crimes of accusing by the court or appealing to the court have not been accused or requested; or the accusing or requesting has been revoked or expired the accusing time-period.
4. The case is once under non-prosecution or withdrawn and violates article 144 and suited again.
5. When the defendant has past away
6. When the court has no jurisdiction over the defendant
7. Cases cannot be brought to trial due to the same case competing for the jurisdiction.
Article 170
The verdict of dismiss in rule 6 of the former article should be delivered in the procuratorate of the court under the jurisdiction.
Article 171
Cases under no jurisdiction rights should be delivered to the military court and let the wrong jurisdiction known.
Article 172
People who committed the rebellion during the war because of giving the enemies the army, fleet or airplanes, should be suited according to rule 2 in article 138. After the verdict has dispatched publicly, it can be enforced without the defendant's statements.
Article 173
Verdict of article 168 to 171 can be enforced without verbal argument.
Article 174
The judgment book should write down the main body of the verdict as well as the reasons; books recording the crimes should also be written down the facts.
Article 175
Judgment books recording the crimes should write down the following situations in its main body of the verdict:
1. The informed principal penalty, accessory punishment or the abolishment of the guilt.
2. The amount of forfeit replacing the limited imprisonment or the detainment should correspond to the amount converted.
3. The informed forfeit, when replaced by forced labor, should be converted equally.
4. Replacement of the exhorting and warning
5. The period of time of people who are informed of probation.
6. The punishment and time-period of those who are informed of safety ensure.
Article 176
Judgment books recording the crimes should write down the following situations in terms of the reasons separately:
1. The evidences and the ascertained reasons of the ascertained facts of the crime:
2. The beneficial statement of the defendant as well as the reasons not adopted in the debate intention.
3. The deliberated situations when sentencing according to article 57 and 58 in the Criminal Code.
4. The reasons for the increased, mitigated or abolished penalty.
5. The reasons for the replacing admonishment or probation.
6. The reasons for the informed safety ensure discipline.
7. Appropriate laws.
Article 177
If the verdict could be appealed to a higher court, during the appealing period, the military court which files the appeal and regulations of article 182 and 183 should be announced and recorded in the original of the verdict sending to the defendant.
People who fit authority appealing should inform of the time-period of bringing up the debate book and the military court accepting the appeal in announcement.
The original copy of the first verdict should be sent to the victim, defendant, accusant, defendant's subordinating officials and higher-level officials of military organizations. The person dispatched can make a statement to the military attorney general during the appealing period.
Article 178
The defendant detained, after informed of being innocent, abolished from the suit and crime, probation, paying forfeit, admonishment or non-prosecution in rule 3 and 4 of article 169 will be revoked his detainment. However, during the period of suiting, he is granted bail, delievrance or limited in residence. If he cannot obey the former issues, he will still be retained.
Article 179
Regulations of the Criminal Procedure Law concerning the trials, when having no violation against the Chapter will be adopted.