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

Print Time:2024/11/24 00:25
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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 3 Military Court
Section 1 The structure of Military Court
Article 15
Ministry of National Defense build up Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Local Military Court to set up temporary court in special troops.
Article 16
Ministry of National Defense build up Higher-grade Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Higher-grade Military Court to set up temporary court in war zone.
Article 17
Ministry of National Defense builds up Supreme Military Court in the location of central government belongs. In wartime, it can authorize Supreme court to set up temporary court in war zone.
Article 18
Every- leveled Military Court and branches are composed of one minister, several military judicator; minister is served concurrently by military judicator to deal with administration affairs of its Yuan.
The monitoring of administration in every Military Court is based on the following regulations. Besides, it can't influence the operation of judging preveledge.
1. The Minister of National Defense monitors Every- leveled Military Courts and branches.
2. Supreme Military Court Minister monitors its Court and lower-level Military Court and branches.
3. The minister of Higher-grade Military Court monitors its branch and belonged lower-level Military Court and branches.
4. Higher-grade Military Court and branches minister monitors the branch and belonged lower-level court and its branches.
5. The minister of Local Military Court monitors the Yuan and its branch.
The Minister of Local Military Court branch monitors the branch.
Article 19
Every- leveled Military Court and branches sets up judge court according to the law, and the number of courts is decided by the simplicity or complexity of affairs. About the above item, there is one minister in every court; the minister is held by military judicature to monitor affairs of the court.
Article 20
Set several public defender in every level Military Court and branches to deal with pleader of cases. If there are more than two public defender, one of them is assigned as chief public defender. The chief public defender is responsible for monitoring and assigning affairs.
Article 21
There are several clerks in Every- leveled Military Court and branches. They are monitored by military judicatory and are responsible for record, case planning, statistics and clerk. If there are more than two clerks, one of them will be assigned as chief clerk.
Article 22
Every- leveled Military Court and branches can set several interpreter and military soldiers. They are monitored and assigned by military judicatory.
Article 23
The set and amount of staff of Every- leveled Military Court and branches are ordered by Ministry of National Defense.
Article 24
The judgments of Every- leveled Military Court and branches are implemented by single judicatory or three judicators.
The judgments of Higher-grade Military Court and branches are implemented by three judicator. Higher than colonel or served judicatory can't be less than two people.
The judgments of Supreme Military Court is implemented by higher than colonel or five judicators.
Article 25
In collegiate judgment, judge is assigned as judicator. If there is no judge or judge has something to deal with, the position is held by the one with the highest stage and deep wages.
Single judgment is implemented by military judicator.
Article 26
When there is lack of staff in the organization of collegiate court due to military judicator refuse involvement or other reasons, it can be sent to higher- leveled Military Court and temporarily designated by them.
Section 2 The control of Military Court
Article 27
Local Military Court is in charge of controlling captain, sergeant soldiers and other same first judge cases.
Article 28
The cases controlled by Higher-grade Military Court are as follows:
1. The first judge cases of general officer, field grade officer and same-leveled soldiers.
2. Pursuit cases that don' t comply with judgment of Local Military Court and its branches.
3. The cases that don't comply with Local Military Court and its branches.
Article 29
The cases Supreme Military Court dominates contain:
1. The cases which don't comply with the judgment of Higher-grade Military Court and its branches and then appeal.
2. The cases which don't comply with adjudication of Higher-grade Military Court and its branches and then counter appeal.
3. The cases referred in the 204th clause.
Article 30
The proviso of 2nd item in 1st clause is the cognizance of cases of non- in commission is based on rules of soldiers. But clerk is dominated by based on their original position the same as officer, sergeant and non- commissioned officer and sergeant. The cases of captivity and surrender are ruled by soldiers.
Article 31
The crimes committed by militant in commission are dominated by local Military Court. The crimes committed by non- in commission militant are dominated by local Military Court on the site of crime- committing or dwelling place of sinners. Out of China domain crimes such as in the airplane or ships are dominated by Military Court in location, starting point or landing and parking places. If any crime isn't based on the above three cases, it is dominated by Military Court in the center of the government.
Article 32
The crimes committed by non- in commission and in commission militants is ruled by the second clause of the above item; if it belongs to different Military Court, it will be dominated by Military Court which is responsible for dealing with militants in commission. If the crime committed by non- in commission militants part should be dominated Higher-grade Military Court, the case will be sent to Higher-grade Military Court.
Article 33
When higher-up Military Court meets the condition as 26th clause describes, to pursue justice of judgment and accord with the facts, the defendants can be sent to other same-leveled Military Court; if there is change in domain of Military Court, the cases can be sent to nearby same-leveled Military Court. Military Court which receives the case can't reject the order.
Article 34
If part of the crime facts shall be prosecuted and tried by the Code of Criminal Procedure, all part of the crime shall be prosecuted and tried by the Code of Criminal Procedure.
Article 35
Criminal Law or other rules about domination of courts which don't disobey the law are allowed being used.
Section 3 Specific command to open and close of the military court
Article 36
The sessions of military court is implemented in Military Court. If necessary, they can be executed in an appropriated place within domination. The above proviso is used in wartime.
Article 37
The dispute of litigation and announcement of judgment in military court should be informed in public. However, if it disturbs national security, public order, good custom or hurts witness' life or body, it shouldn't be divulgated. When the case is decided not to divulgate in military court, judicator has the responsibility to inform the reason. About the above condition, judicator should allow people without interference to listen.
Article 38
Judicator has the right to give commands about the open of the court and case judging. During the session of the court, judicator has the right to keep order.
Article 39
If someone destroys the order of the court or behaves wrongly, judicator can stop his entering the court or order him to leave the court. If necessary, the person should be under control until session closes. About the above announcement, anyone can't disobey it. The above two items, judicator can keep it when he works outside the court.
Article 40
When lawyer doesn't behave appropriately defending on the court, judicator can give warning or stops him defending on that day. Pleaders are the same as the case.
Article 41
When judicator gives punishment to the above two cases, he should write down the reason in record.
Article 42
From 36th to 41st clauses are regulations to judicator. They can be implemented when entrusting military judicator, entrusted military judicator carry their responsibility.
Article 43
When military judicator and clerks carry their responsibility on the court, they should wear uniforms. It is the same case with military prosecutor, public defender and lawyers.
Article 44
Chinese should be used in the judgment of military court.
Article 45
If litigants, witnesses, expert witnesses, and other people relevant to the case are not familiar with Mandarin, the communications shall be assisted by interpreters. People who are hearing or speech impaired, too.
Article 46
Case document should be written in Chinese. If it is for reference, there can be attachments in dialect or foreign languages.
Article 47
The above three regulations are used when prosecutor are carrying out their responsibilities.
Article 48
If regulations of org law are different from the law, use the law as basis.
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