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

Print Time:2024/11/24 00:19
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 5 Retrial
Article 218
After the verdict of guilty has been decided, if one of the following situations affects the benefits of person who receives the verdict, he can request for the retrial:
1. The evidences on which the original verdict based have been proved as counterfeited or differently-made.
2. The testimony, appraisal or translation of the original verdict is based on have been proved false.
3. The person who receives the verdict has proved to be calumniated.
4. The judgment of military court on which the original verdict is based has been altered.
5. If Military justice administer participating in the original verdict, verdict before the trial or investigations before the verdict, or military attorney general participating in the investigation or the lawsuit committed crimes in their posts out of the case and the crimes have been proved. Or they neglect their duties out of the case and have been punished but their behaviors are sufficient to affect the original verdict.
6. Because of the new evidences, the person who is judged as guilty should receive the verdict of innocence, abolished of the crime and the punishment, or receive the verdict that is lighter than the first verdict.
7. When the original verdict has no investigation over the evidences that are enough to affect the verdict.
The manifestation of situations of item 1 to 3 and item 5,after the verdict decided on the halt and discontinuation of the trial, can request for the retrial if it is not restricted in the insufficient evidence.
Article 219
After declared as guilty, innocent, abolished from the lawsuit or dismissed, if there is one of the following situations that affects the benefits of person who receives the verdict, he can request for the retrial:
1. If there are situations as item 1, 2, 4 or 5 in former article.
2. If the person received innocence or the punishment lighter than the crime he has committed, through the person's confession or new evidences in the process of filing a lawsuit or outside the lawsuit, he then receives the verdict as guilty and heavier punishments.
3. Person who is abolished or dismissed from the suit during or outside filing the lawsuit finds new evidences that are sufficient to exempt his original verdict.
Article 220
Announcement of the second trial made because of the loss of important evidences according to item 7, rule 1 of article 218 should be made within twenty days after the verdict has been decided.
Article 221
The announcement of the second trial made for benefits of the person receiving the verdict should be announced by the following people:
1. Military procurator of military court of the first trial
2. The person who receives the verdict
3. The legal representative or spouse of the person who receives the verdict
4. If the person who receives the verdict has been dead or mentally forfeited, the announcement should be made by his spouse, direct consanguinity, collateral relatives by blood within three grade or parents or family members of relatives by affinity within two grade.
5. The subordinating officials of the person who receives the verdict.
Article 222
The announcement for the second trial of the person receiving the verdict who has suffered from disadvantages should be filed by the military attorney general of procuratorate of the military court of the first trial.
Article 223
The procedure of the second trial, if considered by the military court of the first trial as violating the regulations should be turned down in terms of judicial declaration.
Article 224
The announcement of the second trial has no rights to stop the effects of executing the punishments. However, the military attorney general of procuratorate of the military court, before the decision of the second trial can stop the execution by order.
Article 225
Regulations of the Criminal Procedure Law concerning the second trials, when having no violation against the Part, will be adopted.
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