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

Print Time:2024/11/24 00:17
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 7 Execution
Article 229
The execution of the judgment should be conducted by military attorney general of the procuratorate of the military court. If there are special regulations or the execution should be conducted by military court, Chief Justices, appointed military attorney general or appointed military justice administrator, they are not under the restrictions.
Military courts that turn down the appeals, verdict of the resistant announcement or have to execute the verdict by the low-ranking military judgment because of the revoke of the appeal or resistant announcement should be conducted by public procurator of procurarator of appealing military court.
As for the former two situations, if the document is in low-ranking military court, it is executed public procurator of procurarator of military court.
After the case has been decided by the Supreme Court or the Higher court, it will be executed by public procurator of procurarator of appealing military court.
Article 230
After the defendant has been informed of death penalty for sure, the Supreme Court should send the documents to the procuratorate of the Highest military court to transfer to Ministry of National Defense.
Article 231
The order of death penalty execution is announced by Minister of National Defense; it is executed within three days after the announcement is released. If the attorney general found that there are reasons for the case to be retailed or extraordinarily appealed, he must request the reexamination of Ministry of National Defense within three days.
Article 232
The death penalty is executed in Military Prison. It is executed elsewhere when necessary.
Article 233
People who are informed of sentenced life imprisonment, when in mental lapse, will be stopped the execution by the order of Ministry of National Defense.
People who are informed of sentenced life imprisonment, will be halted the execution by the order of Ministry of National Defense before the labor.
People who are halted to be executed the death penalty, after the recovery or the labor, will not be executed without the order of Ministry of National Defense.
Article 234
Prisoners under imprisonment or detainment are executed inside the military prison except for special regulations. If there is no military prison in the place, the military guardian place or the judiciary prison are the replacements.
The disciplinary action of people who are under peace protection will be executed by places equal to that appointed by the Ministry of National Defense or the judiciary safety-ensure place.
Article 234-1
The equipment and prescribed personnel of Military Prison are set by Ministry of National Defense.
Article 235
When the seizures of property cannot be returned for the whereabouts of the possessor is unknown or for other reasons, they will be auctioned in war when needed without announcement. The money will be put into custody.
Article 236
The processing regulations of Criminal Procedure Law are enforced when there is no violation against Part 7.
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