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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 5 Recusing of military personnel
Article 63
When happed any one of the following conditions in cases, military judicator should recuse by himself:
1. Military judicator himself is victim.
2. Military judicator is victim's spouse or relatines, within eight consanguinity.
3. Military judicator has been engaged with victim or defendant.
4. Military judicator is or has been legal representative of victim or defendant.
5. Military judicator has been legal representative, pleader, or assistant of defendant.
6. Military judicator has ever been defendant, relater, witness or appraiser.
7. Military judicator has ever carried the responsibilities of military prosecutor or military police officer.
8. Military judicator has been judge of the former case or original judge.
Article 64
When a party meets any one of the following conditions, he can propose military judicator to recuse in written announcement; in session or being asked, he can propose orally:
1. Accord with the above condition but military judicator doesn' t recuse by himself.
2. military judicator behaves wrongly in other conditions.
About the second condition, if the party has proposed explanation, anyone can't make military judicator recuse. But if the reason for recusing happens thereafter, it is not under the limitation. Reasons for recusing and the facts of proviso should be explained. Judicator who recuses can hand written in opinion .
Article 65
The inform of military judicator's recusing is decided by belonging Military Court; if the number of people is less than quorum, the minister makes the decision. If the minister can't make decision, it is directly decided by higher Military Court. Military judicator can't join in the decision of recusing. If the proposal is reasonable, military judicator has to recuse without adjudication. If the proposal is rejected, military judicator can propose counter appeal.
Article 66
Military judicator who are proposed to recuse have to stop cases immediately except for the reason of 2nd proviso of first item in 64th clause.
Article 67
If Military Court or minister who decides to recuse ,military judicator has to recuse by himself, it is adjudicated based on priority. The above adjudication doesn't have to be sent.
Article 68
The rules related to recusing in the chapter are used by military prosecutor, clerks and interpreter. But they can't regard having been carried out responsibility of military prosecutor, clerks or interpreter as reasons for recusing. The recusing of clerks and interpreter in Military Court is adjudicated by belonging minister of Military Court. The recusing of military prosecutor, clerks and interpreter should be adjudicated by belonging Attorney General of Prosecution Bureau. The recusing of Attorney General of Prosecution Bureau should be audited by higher-up Attorney General of Prosecution Bureau in Military Court.