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

Print Time:2024/11/24 00:34
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 2 Military
Article 10
The military staff referred in the law means judge advocate, chief public defender, public defender, probation officer, clerk, legal medical expert, inspection clerk, interpreter, military officer. The "military officer" referred in the law means Military Court minister, judge, military judicator, Military Court Prosecution Bureau attorney general, chief military prosecutor and military prosecutor.
Article 11
A judge advocate shall possess one of the following qualifications to be appointed by Ministry of National Defense:
1. Having passed the judge advocate, judges or prosecutors qualification examination.
2. Having passed the attorneys, judicial associate officers, prosecutor investigators, or legal system senior civil service qualification examination, and having passed the national defense professional training examination.
3. Having graduated from the department of law or the post-graduate law program thereof of a public or duly recognized private university or college, served as a professor or an associate professor for three years, or served as an assistant professor for four years at a university or an independent college accredited by the Ministry of Education, and lectured on primary legal subjects of Ministry of National Defense for more than two years with publication(s) in the legal profession, and possessed the qualifications for the associate position.
" Judge advocate qualification examination" referred to in Section 1 of the preceding paragraph, is held by the Examination Yuan.
Ministry of National Defense shall promulgate rules on personnel selection requirement, procedure, age limitation, national defense professional training referred to in Section 2 and 3 of the preceding paragraph.
The appointment of public defender, probation officer, clerk, forensic medical examiner, forensic investigator and interpreter shall be made in accordance with the judicial personnel unless regulated by other enactments.
Article 12
According to the regulation of the law, military officer shouldn't wage- cutting, position- detaining or position- stopping and doesn't have job rotation. If military officer is rotated to other offices, the yearly wages and treatment should be ordered by regulations.
Article 13
When a military officer is in commission, he can't participate in political activities.
Article 14
If a military officer loses his work due to change of organization or system, he should be paid in original wages and assigned another job as soon as possible. The left interval can't be more than one year.
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