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

Print Time:2024/11/24 00:27
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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.
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