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

Print Time:2024/11/23 23:50
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 3 Appeal
Article 180
If persons involved refuse to obey the verdict of the first trial, they can appeal to higher-level military court.
As for the accusant, the defendant, victim or officials of the defendant's who refuse to obey the verdict, they should provide the reasons to request the military attorney general to appeal to higher-level military court.
For the benefits of the defendant, military attorney general can appeal to higher-level military court.
Subordinating officials, legal representative or spouse of the defendant, for the defendant's benefits, can appeal to higher-level military court independently.
Defenders of the first trial, for defendant's benefits, can appeal to higher-level military court in the defendant's name. But it cannot violate the defendant's announced intention.
As for the verdict of the appealing military court, they cannot be appealed except for appealing to the Supreme Court or the Higher Court according to our regulations.
Article 181
Verdicts appealed according to former regulations would be brought to trial in the higher-level military court by the original military court. However, verdicts of cases of general offices or life imprisonment, should be delivered to higher-level military court without waiting for the appeal and the persons involved will be informed.
Verdicts of the appeal as death penalty, life imprisonment should be brought to trial in the Supreme Court; the persons involved will be informed.
If the first proviso and the former situations happened, the defendant is considered as having filing the appeal.
When persons involved refuse to accept the penalty above limited imprisonment of the highest military court or the death penalty and life imprisonment of the Higher Military Court, they can appeal to the Supreme Court for the reason of that the verdict s violates the laws.
The verdict of the Supreme Court mentioned above cannot be appealed furthermore.
The regulations of rule2, 4 and 5 will be inappropriate during the war or in regulation 204.
Article 182
The appeal limit is ten days since the verdict has been delivered. The appeal delivered after the verdict has been announced is still valid.
Article 183
The appeal should be made in written form to the military court of the first hearing. The speech of the defendant delivered in the verdict announcement will be taken down by the reporter. The former appeal, if not appealed by the defendant, should be handed in the transcribed form to the defendant by the military court. If it is appealed against the defendant's rights, the defendant should be informed to make a plea.
Article 184
Appeals made by the defendants inside the Control Office during the period of appealing are considered appeals within the appealing.
The defendants who cannot make the appeal themselves should have the appeals made for them by public officials.
After officials of the Control Office receives the first appeal form, he should note with the receiving year, month, date and time and send it to the original military court.
Article 185
People who have the appeal rights should abandon their rights.
The appeal can be withdrawn before the verdict. When appealing to the court for the defendant's rights without his permission, the appeal is not formed.
The former two appeals should be informed to the defendant when not done by the defendant.
Article 186
The abandonment of rights of appealing is done in the military court of the first hearing.
The withdrawn of the appeal is done in the appealing court. If the files are still in the military court of the first hearing, it is done there.
Article 187
Abandoning or withdrawing the appeal should be in the written form. In the trial day, they could be in the oral form.
Regulations of article 184 are used in abandoning or withdrawing the appeals.
People who abandon or withdraw their appeals will lose their rights of appeals.
Article 188
When the appeal rights is abolished or withdrawn, the clerk of the court should inform persons involved of the other party as soon as possible.
Article 189
When the military court of the first trial has considered the appeal doesn't correspond to the procedures in law, should not be allowed or the appealing rights have been lost, it should turn the appeal down according to judicial declaration. If the appeal doesn't correspond to the law but still can be mended, the court should schedule a time to order the mending.
Article 190
The military court of the first trial should deliver the document and evidences of the former cases to the appealing military court as soon as possible.
Article 191
The appeal is only for part of the verdict; if there is no announcement that it is for part of the verdict, it is considered as overall appeal.
The relative parts of the partial verdicts appealed are considered as having been appealed.
Article 192
In the cases appealed to military court, the appealer should make a statement of the appealing main ideas after the Chief Justice ask about the defendant according to article 101.
Article 193
The appealing military court should investigate the appealing part according to the original verdict.
Article 194
If the defendant summoned to court by the appealing military court is absent without proper reasons, the verdict will be given without waiting for his statement.
Article 195
The appealing military court can in terms of verdict turn down the appeal announcing that doesn't suit the lawful procedure or can be allowed lawfully or that has lost its appealing rights. For those that don't correspond to the procedures but still can be mended, military court of the first trial should schedule a period of time and order it to be mended.
Article 196
Verdict of inappropriate laws or inappropriate uses of the laws are considered as violating the statute of the law.
Article 197
When one of the following situations is involved in the verdict, it is considered as violating the statute of the law:
1. When the organization of the military court is against the law
2. Military justice administrator who is judged to avoid the trial still gets involved.
3. When the prohibition of open-trial is not regulated according to the law.
4. Inappropriate jurisdiction considered by the military court.
5. The accepted or unaccepted cases of the military court that are inappropriate.
6. The defendant is brought to trial before the trial day without special regulations.
7. In cases of applying defenders or appointed defenders, when the trial is brought without the presence of the defenders.
8. Except for special regulations, those that are brought to trial without the statement of the military attorney general present.
9. Those that should stop or renew the trial according to the law but without stopping or renewing.
10. Evidences that should be investigated before the trial day according to the regulation are without investigation.
11. When the defendant doesn't have the last chance to make a statement.
12. Except for special regulations, matters that accept the requests without the verdict or those that have verdict but doesn't make any requests are considered as violating the law.
13. Military Chief Justice who participates in the verdict without participating in the trial.
14. When the verdict is without any reasons or the reasons are contradicted.
15. The reasons of the verdict that are beneficial to the defendant or the debate intention is not adopted without recording.
Article 198
The appealing military court should turn the appeal down after it considers the appeal as having no proper reasons. When it considers there are reasons for the appeal or the first trial of the case is inappropriate or against the law, it should revoke the original trial and announce a verdict to the case again. However, the case should be sent back to military court of the first trial when the first trial is informed as wrongly exercised, abolished from the suit, dismissed or withdrawn inappropriately.
When the first trial is informed as wrongly exercised, abolished from the suit, dismissed or withdrawn inappropriately, if the appealing military court has the jurisdiction over first trial, it should process in the verdict of the first trial.
The regulations of the first proviso don't suit to be used in the examination of bringing the prisoner to the court or the examination participated by the judges.
Article 199
The Supreme Court or the Higher Court should return the appeals to the original appeal or the military court of the first trial when the original verdict affects the identity because of violating the law or the verdict is informed as wrongly exercised, abolished from the suit, dismissed or withdrawn inappropriately.
Article 200
Appeals filed by the defendant or filed for the interests of the defendant cannot be punished more heavily than that of the first verdict. But the revoke out of the inappropriate regulations is not restricted.
The former regulation is used in strict enforcement.
Article 201
The judgment book of appealing military court has to cite the facts, evidences and reasons of that of the first trial. When the first trial has not mentioned anything about important issues of the case or doesn't adopt evidences or argument beneficial to the defendant in the appealing trial, the reasons should be supplemented.
Article 202
Cases appealed in war is brought to trial in written form, if necessary, they should undergo the examination of bringing the prisoner to the court or the examination participated by the judges in the form of oral judge.
The examination of bringing the prisoner to the court or the examination participated by the judges should inform the military court of the first trial; if the defendant is under arrest, the defendant's officials of the Control Office should be informed.
Article 203
Cases appealed in war doesn't suit regulations of article 74. But cases that brings the prisoner to the court or participated by judges is not restricted here.
Article 204
People who committed crimes leading to death penalty in front of the enemies and had things to do with the war; his name, age, facts of the crime, evidences, the violated regulations and reasons for emergent handling will be taken down by the military court of the first trial to ask for the judge of the Highest Military Court, the documents and evidences will be delivered later on. What if the Highest Military Court has doubts, the documents and the evidences should be delivered immediately.
If the punishment of former regulation is found to be not correspondent to the fact and the evidences or with serious mistakes, the judgers of the military court of the first trial should be condemned.
Article 205
When the Highest military court turns down rule 1 of the former regulation, it has to inform by telegraphy.
Procurarator of the Highest military court should deliver the turned-down telegraphy to be executed by the Ministry of National Defense five days within it receives it.
Article 206
Appeals have to obey regulations of chapter 3 of Part 2 and that in the Code of Criminal Procedure concerning the second trial except for special regulations in this Part. But cases appealed to the Supreme Court or the Higher Court should obey regulations in the Code of Criminal Procedure concerning the third trial.
In war, the cases are appealed following regulations in the Code of Criminal Procedure concerning the third trial.
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