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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 10 Searching and arresting
Article 111
When searching, warrant is used.
The following items should be written down on the warrant:
1. Reasons for the case.
2. Searched defendant, suspect or distressed objects. But if the defendant or suspect is unclear, omit it.
3. Location being searched, body, objects and records in the computer.
4. Efficient period.
Warrant is signed by military judicator. Military judicator also can instruct commands for people responsible for implementing it. The procedure of giving warrant is not notified. Searching can be implemented by military prosecutor, military judicator, military officer or military police.
Article 111-1
During detection, if military prosecutor regards searching is necessary, he should record items in the above second item and express reasons except for conditions without warrant, demanding belonging Military Court to give warrant. When military officer regards it's necessary to search during investigation and evidence gathering, he can require Military Court for giving warrant after getting permission from military prosecutor. If the above two items are rejected by Military Court, one has to obey it.
Article 112
When military prosecutor, military officer, military police or soldiers arrest defendant, suspect or implement apprehension or detention, they can search his body and objects without warrant.
When the following condition occurs, military prosecutor, military officer, and military police can search without warrant:
1. Arrest defendant, suspect or implement apprehension and detention.
2. Trace fragrant sinner or escaped sinner.
3. With sufficient evidence to prove someone commits crime.
During detection, if military prosecutor has sufficient reasons and the situation is urgent, he can directly do searching or command military officer, military police or soldiers to search.
About the above two searching, if it is done by military prosecutor, inform Military Court in 3 days; if it is done by military officer, military police or soldiers, inform to belonging Attorney General of Prosecution Bureau in Military Court. If Military Court doesn't permit it, cancel it in 3 days.
Article 112-1
If the one being searched agrees to be searched, warrant doesn't have to be used. Execution personnel should show identity and record the agreement.
Article 112-2
After searching, military prosecutor or military officer should report the results to Military Court.
Article 113
Governmental institute, government emplayees, or other distressed object keepers should give them back. If necessary, one can search . The above situation, without permission of belonging monitoring institute or government emplatees one, you can't distress it. The above permission can't be rejected except for those disturbing national benefit.
Article 114
When searching for secret places in institute, troops or schools, one should inform superintendent or assign them to implement it. Resident searching should be implemented together with neighbors.
The same case searched by more than two institutes in one location should be informed.
Article 115
Regulations about searching and distressing in Criminal Law which don't contradict the law can be applied.