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

Print Time:2024/11/23 23:43
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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 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.
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