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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 3 Specific command to open and close of the military court
Article 36
The sessions of military court is implemented in Military Court. If necessary, they can be executed in an appropriated place within domination. The above proviso is used in wartime.
Article 37
The dispute of litigation and announcement of judgment in military court should be informed in public. However, if it disturbs national security, public order, good custom or hurts witness' life or body, it shouldn't be divulgated. When the case is decided not to divulgate in military court, judicator has the responsibility to inform the reason. About the above condition, judicator should allow people without interference to listen.
Article 38
Judicator has the right to give commands about the open of the court and case judging. During the session of the court, judicator has the right to keep order.
Article 39
If someone destroys the order of the court or behaves wrongly, judicator can stop his entering the court or order him to leave the court. If necessary, the person should be under control until session closes. About the above announcement, anyone can't disobey it. The above two items, judicator can keep it when he works outside the court.
Article 40
When lawyer doesn't behave appropriately defending on the court, judicator can give warning or stops him defending on that day. Pleaders are the same as the case.
Article 41
When judicator gives punishment to the above two cases, he should write down the reason in record.
Article 42
From 36th to 41st clauses are regulations to judicator. They can be implemented when entrusting military judicator, entrusted military judicator carry their responsibility.
Article 43
When military judicator and clerks carry their responsibility on the court, they should wear uniforms. It is the same case with military prosecutor, public defender and lawyers.
Article 44
Chinese should be used in the judgment of military court.
Article 45
If litigants, witnesses, expert witnesses, and other people relevant to the case are not familiar with Mandarin, the communications shall be assisted by interpreters. People who are hearing or speech impaired, too.
Article 46
Case document should be written in Chinese. If it is for reference, there can be attachments in dialect or foreign languages.
Article 47
The above three regulations are used when prosecutor are carrying out their responsibilities.
Article 48
If regulations of org law are different from the law, use the law as basis.