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Chapter Law Content

Title: Military trial CH
Category: Ministry of National Defense(國防部)
Part 1 General Principles
Chapter 4 military Prosecution Bureau
Article 49
There are Prosecution Bureau set in every court and branches by Ministry of National Defense.
Article 50
There is one Attorney General, several military prosecutor in every Military Court and its branches; Attorney General is responsible for administration affairs. If there are more than 6 prosecutor in every Military Court and branches, the can be divided them into groups. In every group, one person is selected as Chief Military Prosecutor to monitor affairs of the group.
Administration monitoring in every Military Court and branches are based on the following regulations:
1. The Minister of National Defense monitors every Prosecution Bureau in Military Court and its branches.
2. Attorney General of Prosecution Bureau in Supreme Military Court monitors belonging lower-leveled Prosecution Bureau of Military Court and its branches.
3. Attorney general of Prosecution Bureau in Higher-grade Military Court monitors belonging lower-leveled Prosecution Bureau of Military Court and its branches.
4. Attorney general of Prosecution Bureau in Higher-grade Military Court branch monitors belonging lower-leveled Prosecution Bureau of Military Court and its branches.
5. Attorney General of Prosecution Bureau in Local Military Court monitors Prosecution Bureau itself and its branches.
6. Attorney general of Prosecution Bureau in Local Military Court monitors itself.
Article 51
There are several legal medical expert and inspector set in Prosecution Bureau of lower Military Court and its branches; they follow the commands of military prosecutor to carry our their responsibilities. There are several probation officer set in Local Military Court and its branches to execute controlling work. About the above two items, if there are more than two people, select one as chair.
Article 52
The regulations from 21st clause to 23rd clause are used in every Prosecution Bureau of Military Court and branches.
Article 53
The responsibility of military prosecutor are as follows:
1. Detect, propose pleas of the Crown, implement pleas of the Crown and give command to execution of judge.
2. Other work will be ruled in other laws.
Article 54
Military prosecutor instructs responsibility separately to Military Court.
Article 55
Attorney General of Prosecution Bureau in Military Court is in charge of conducting and monitoring affairs of military prosecutor and belonging military prosecutor. Military prosecutor should obey the commands from superintendent.
Article 56
Attorney general of Prosecution Bureau in Military Court can deal with affairs by itself or transfer to other military prosecutor for process.
Article 57
When military prosecutor carry out their responsibilities, they can delegate soldiers to select armed forces as police equipment and ordinary affairs.
Article 58
The following personnel are called military police officer; they are responsible for assisting military prosecutor to detect crimes.
1. Superintendent of military police.
2. Superintendent of police.
3. Superintendent of specially set organizations.
4. Superintendent in military organizations, troops, schools. Or captains of navy vessels.
5. Armed forces set by law or superintendent and captain in wartime.
About the above items, military police officer should send the results of detection to the belonging military prosecutor. For example, accept apprehended or arrested suspect and then send to military prosecutor except for other special rules. They should obey the commands of military prosecutor. Non apprehended or arrested suspect cant be sent.
Article 59
The following personnel are called military police officer; they should receive the commands from military prosecutor to detect crimes.
1. Superintendent and officer of military police.
2. Superintendent of police.
3. Superintendent of specially set organizations.
4. Those who can carry out responsibility of judiciary police officer about special items.
If military police officer find any suspect, they should start investigation immediately and report the condition to belonging military prosecutor or belonging superintendent. If necessary, they can block the location and execute investigation.
Article 60
The following personnel are called military police. They should receive commands from military prosecutor and military police officer to detect crimes.
1. Military police.
2. Police.
3. Crew of specially set organizations.
4. Those who can carry responsibility of judiciary police officer about special items.
If military police find any suspect, they should start investigation immediately and report the condition to belonging military prosecutor, military police officer or belonging superintendent. If necessary, they can block the crime scene and execute investigation.
Article 61
According to the first three regulations, when military prosecutor carry out their responsibility, they should show conducting identity. The above regulation is used when military judicator is carrying out responsibility.
Article 62
Military prosecutor should carry their responsibilities during session. They have to propose opinion when dealing with pleas of the Crown.