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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 4 Resistant Announcement
Article 207
Person involved and the defendant's subordinating officials can raise resistant announcement towards the verdict of military court except for special regulations.
The witness, identifier, translator or others that are not persons involved but receive the verdict can file the resistant announcement.
Article 208
The resistant period is five days from the arrival of the declaration. If the declaration has been announced, the resistant announcement is still valid before the announcement arrived.
Article 209
The resistant announcement should be raised in military court of the first trial on the basis of written description of the resistant reasons.
Article 210
Military court should turn down resistant announcements that do not correspond to lawful procedure, that are not allowed lawfully or the rights of the making resistant announcement have lost. But the procedure that can be mended should be mended within the scheduled time of the court.
When the military court of the first trial considers the resistant announcement reasonable, it should correct the verdict. When it considers the announcement as unreasonable or partially unreasonable, it should send the resistant announcement book to the resistant announcement military court three days after it receives the announcement; it should add the opinions inside the book.
Article 211
If the resistant announcement military court considers the announcement unreasonable or has the situation of the former rule, it should turn the announcement down in terms of the verdict. If the lawful procedure that can be mended by the military court of the first trial but not, it should schedule a period of time for the procedure to be mended.
Article 212
If the resistant announcement military court considers the announcement reasonable, it should revoke the original verdict and make the verdict by itself if necessary.
Article 213
Verdict of resistant announcement military court should inform the military court of the first trial as soon as possible.
Article 214
There cannot be further resistant announcement to verdicts of the resistant announcement military court.
Article 215
People who are under the verdict and are unwilling to accept the decisions made by the Chief Justice, appointed military justice administer, entrusted military justice administer, or military attorney general, they can request for the revoke or change to the military court:
1. Concerning detainment, bail, deliverace, restriction in residence, questing, detaining or returning of the detainment, sending the defendant to the hospital or other places by the identification, prohibiting the defendant's interviewing, corresponding, receiving objects or detainment.
2. The witness, identifier or translator should receive the forfeiting discipline.
The former questing or detainment, after revoked, should be the detaining things of the military court but not the evidences.
The time-period of the first announcement is five days since the day that the disciplinary actions have been put into practice while some started from the arrival day.
Regulations of article 210 to 213 are used in this article.
Rule 1 of article 65 is used after the verdict has been revoked or changed by the appointed military justice administer.
Article 216
Military court cannot raise the resistant announcement toward the verdict of the revoke announcing of rule 1 of former article. But it can raise the resistant announcement toward that of the fine-revoking. The resistant announcement raised according to the Part but mistaken as revoked is still considered as having raised the announcement. Those that should be revoked but are mistaken as raising resistant announcement have still been considered as raising the announcement.
Article 217
Regulations of the Criminal Procedure Law concerning the resistant announcement, when having no violation against the Chapter will be adopted.