Content Search Title Amended Date 2013.08.13 Code of Court Martial Procedure Category Ministry of National Defense ( 國 防 部 ) print time:105/05/30 18:50 Article 1 Any military personnel on active duty who commits crimes of Criminal Code of the Armed Forces or special codes concerned shall be subject to prosecution and punishment under these codes at war time. Any military personnel on active duty who commits the following crimes shall be subject to prosecution and punishment under the Code of Criminal Procedure while not at war time: a. Article 44 to Article 46 and Article 76, section 1 in Criminal Code of the Armed Force. b. Other crimes of previous subparagraph a.in Criminal Code of the Armed Force or special codes concerned. Non-military personnel shall not be tried by military court. Article 8 The Military Court referred in the law are divided into three classifiers: 1. Local Military Court 2. Higher-grade Military Court 3. Supreme Military Court Article 10 The military staff referred in the law means judge advocate, chief public defender, public defender, probation officer, clerk, legal medical expert, inspection clerk, interpreter, military officer. The "military officer" referred in the law means Military Court minister, judge, military judicator, Military Court Prosecution Bureau attorney general, chief military prosecutor and military prosecutor. Article 15 Ministry of National Defense build up Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Local Military Court to set up temporary court in special troops. Article 16 Ministry of National Defense build up Higher-grade Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Higher-grade Military Court to set up temporary court in war zone. Article 17 Ministry of National Defense builds up Supreme Military Court in the location of central government belongs. In wartime, it can authorize Supreme court to set up temporary court in war zone. Article 18 Every- leveled Military Court and branches are composed of one minister, several military judicator; minister is served concurrently by military judicator to deal with administration affairs of its Yuan. The monitoring of administration in every Military Court is based on the following regulations. Besides, it can't influence the operation of judging preveledge. 1. The Minister of National Defense monitors Every- leveled Military Courts and branches. 2. Supreme Military Court Minister monitors its Court and lower-level Military Court and branches. 3. The minister of Higher-grade Military Court monitors its branch and belonged lower-level Military Court and branches. 4. Higher-grade Military Court and branches minister monitors the branch and belonged lower-level court and its branches. 5. The minister of Local Military Court monitors the Yuan and its branch. The Minister of Local Military Court branch monitors the branch. Article 19 Every- leveled Military Court and branches sets up judge court according to the law, and the number of courts is decided by the simplicity or complexity of affairs. About the above item, there is one minister in every court; the minister is held by military http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 1/11
judicature to monitor affairs of the court. Article 20 Set several public defender in every level Military Court and branches to deal with pleader of cases. If there are more than two public defender, one of them is assigned as chief public defender. The chief public defender is responsible for monitoring and assigning affairs. Article 21 There are several clerks in Every- leveled Military Court and branches. They are monitored by military judicatory and are responsible for record, case planning, statistics and clerk. If there are more than two clerks, one of them will be assigned as chief clerk. Article 22 Every- leveled Military Court and branches can set several interpreter and military soldiers. They are monitored and assigned by military judicatory. Article 23 The set and amount of staff of Every- leveled Military Court and branches are ordered by Ministry of National Defense. Article 24 The judgments of Every- leveled Military Court and branches are implemented by single judicatory or three judicators. The judgments of Higher-grade Military Court and branches are implemented by three judicator. Higher than colonel or served judicatory can't be less than two people. The judgments of Supreme Military Court is implemented by higher than colonel or five judicators. Article 26 When there is lack of staff in the organization of collegiate court due to military judicator refuse involvement or other reasons, it can be sent to higher- leveled Military Court and temporarily designated by them. Article 27 Local Military Court is in charge of controlling captain, sergeant soldiers and other same first judge cases. Article 28 The cases controlled by Higher-grade Military Court are as follows: 1. The first judge cases of general officer, field grade officer and same-leveled soldiers. 2. Pursuit cases that don' t comply with judgment of Local Military Court and its branches. 3. The cases that don't comply with Local Military Court and its branches. Article 29 The cases Supreme Military Court dominates contain: 1. The cases which don't comply with the judgment of Higher-grade Military Court and its branches and then appeal. 2. The cases which don't comply with adjudication of Higher-grade Military Court and its branches and then counter appeal. 3. The cases referred in the 204th clause. Article 31 The crimes committed by militant in commission are dominated by local Military Court. The crimes committed by non- in commission militant are dominated by local Military Court on the site of crime- committing or dwelling place of sinners. Out of China domain crimes such as in the airplane or ships are dominated by Military Court in location, starting point or landing and parking places. If any crime isn't based on the above three cases, it is dominated by Military Court in the center of the government. Article 32 The crimes committed by non- in commission and in commission militants is ruled by the second clause of the above item; if it belongs to different Military Court, it will be dominated by Military Court which is responsible for dealing with militants in commission. If the crime committed by non- in commission militants part should be dominated Higher-grade Military Court, the case will be sent to Higher-grade Military Court. Article 33 When higher-up Military Court meets the condition as 26th clause describes, to pursue justice of judgment and accord with the facts, the defendants can be sent to other sameleveled Military Court; if there is change in domain of Military Court, the cases can be sent to nearby same-leveled Military Court. Military Court which receives the case can't reject the order. Article 36 The sessions of military court is implemented in Military Court. If necessary, they can http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 2/11
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 44 Chinese should be used in the judgment of military court. 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 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 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 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 http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 3/11
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. Article 71 Pleader is assigned based on the one recorded in Supreme Military Court. During session, the one agreed by judicator can be pleader, too. Article 73 Every defendant can't have more than three pleaders. When selecting pleaders, one should propose authorization. The above authorization should be sent to military prosecutor, military police officer or military police before indictment; after indictment, it should be sent to Military Court. Article 77 Public defender individually carry out its responsibility to Military Court and military prosecutor. Article 84 Document sending is processed by clerks, military police in Military Court or Military Court Prosecution Bureau or post offices. The server should express his resident place, work place, or substituter's place to belonging military institution, troops, schools. If the server is in punishment, send it to his superintendent. If the server lives outside the location of Military Court, soldiers in commission can assign military police officer, Military Court or Military Court Prosecution Bureau in the belonging locations send it; non-commissioned soldiers can assign local court or Prosecution Bureau to send it. Article 91 Defendant apprehending should be done together with belonging superintendent. But if the defendant leaves the location, it's not under the limitation. If the defendant is general, superintendent or something, attorney general of Prosecution Bureau in Military Court should sign on the detection of warrant, judging part is signed by minister of Military Court. If the defendant is non in commission soldier, the apprehending should be done together with belonging police institution or selfgoverning units. Article 93 When an order for the arrest of the defendant is promulgated, circular orders for the arrest of a criminal should be used. There should be following items written in circular orders for the arrest of a criminal: 1. The name, gender, military institution, names and numbers of troops or schools and location of the defendant. But if the data is not clear, shouldn't have to be recorded. 2. The facts of the case. 3. Reasons for promulgating an order for the arrest of the defendant. 4. The date, time and location of committing crimes. But if the above data is unclear, you don't have to record it. 5. Sending location. In the part of detection in an order for the arrest of the defendant is signed by Attorney General of Prosecution Bureau in Military Court; the judging part is signed by the minister of Military Court. Article 97 Defendant apprehending should show warrant in addition to special regulations. After apprehension or arrest, the reasons for apprehending or arresting should send written notification to people the arrested person assigned. The defendant apprehended or arrested should be sent to his resident place; if he can't arrive in 24 hours, military prosecutor should send him to nearby Military Court Prosecution Bureau first and confirm if there is any mistake. Article 98 The defendant and suspect arrested due to apprehension should immediately interrogation. After investigation, if it is necessary to detention, they should express reasons for detention in 24 hours, and demand belonging Military Court to detention him. If the above condition is not demanded, military prosecutor has to set the defendant free immediately. But if there is 102nd clause first item or 103rd clause first item conditions and unnecessary to demand detention, they can require completing all arrangements and procedures for release on bail, pay off or limiting resident. If necessary, they can demand Military Court to detention him. From the first to third regulations are applied when military prosecutor is sending the defendant. Article 104 During the detention of the defendant, the detection can't be more than two months; the judging can't be more than three months. If it is necessary to continue detention, based http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 4/11
on regulations in 102nd or 103rd, the adjudication is prolonged. During the prolonged period, military prosecutor should attach concrete reasons and send it to Military Court for adjudication in 5 days. About the above adjudication, the original copy is sent to the defendant to reach prolonging effect. When the detention is finished, the adjudication prolonging demand is not qualified, it will be cancelled. During the detention time, it is counted from the day dossier, and evidence is sent to Military Court, Supreme court or Higher-grade court on. Article 106 The defendant and his pleader or assistant can complete arrangements and procedures for release on bail at any time and demand to stop detention to court. Military prosecutor can demand stop detention during detection. Military Court can listen to opinions of the defendant and his assistant or pleader to the above two requirements. Making decision of stopping detention, in addition to the second item of 107th clause, opinions of military prosecutor should be interrogate. Article 109 Canceling or stopping detention, completing all arrangements and procedures for release on bail, pay off, limiting resident, are adjudicated by Military Court. When the case is under third judgment, but dossier and evidence have been sent to the belonging court; the above punishment and other punishments related to defendant- detaining are still adjudicated by second judgment military court. Military prosecutor can give the command of completing all arrangements and procedures for release on bail, pay off, limiting resident, receiving bargain money or canceling indemnity during detection. 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 112-2 After searching, military prosecutor or military officer should report the results to Military Court. Article 117 The affirmation of evidence is judged by Military Court. Evidence with no affirmation, qualified investigation, or disaccording with truth or facts can't be basis for judgment. Article 120 Witness doesn't show up without reasonable cues or rejects to evidence can be fined less than 15 thousand NT dollars or apprehended. The above punishment ; soldiers in commission are implemented by Military Court, military prosecutor is adjudicated by Military Court, non- commissioned soldiers are adjudicated by courts. Apprehending witness is based on regulations. Article 122 Military Court or military prosecutor can implement examination when doing survey. Article 136 The defendant present by summoning or self-confessing, when deemed as of no necessity to be detained, even though he corresponds to one of the situations in item 1 of article 102 and 103 after investigated by the investigators, is granted bail, http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 5/11
deliverance or limited in residence. If the defendant is detained, he is arrested immediately and informed of the arrest based on the facts. The military court is also requested to detain him. The situation applies to rule 2, 3 and 5 of article 98. Article 139 The suspect is under non-prosecution when one of the following situations is included in his legal case: 1. The conviction of his crime is once obtained. 2. The time is finished. 3. The defendant once obtained oblivion. 4. The law has abolished the criminal punishment after the defendant commits the crime. 5. The crimes of accusing by the court or appealing to the court of which the request or appeal has been revoked or expired the appealing time-period. 6. The defendant is dead. 7. The military court has no rights of trial on the defendant. 8. People who are not punished. 9. The law should remit the defendant's punishment. 10.The suspicion of the defendant's commission of the crime is insufficient. The case of defendant who applies to rule 7 and under non-prosecution will be handed to the Investigation Department of the Court. Article 141 Military attorney general who has decided on non-prosecution of the defendant should make disciplinary action report describing the reasons and send it to the defendant, the accsant, the defenders, subordinating officials of the defendant and the higher-level procuratorate of military court. Article 142 After the defendant, the accsant and the subordinating officials of the defendant receives the disciplinary action report, they have to make statements about the reasons they are unwilling to accept as well as request for the second procedure to the higherlevel procuratorate of military court within seven days. The second procedure will not be requested if there are situations in rule 2 of article 140. Article 143 Chief procurator of the higher-level procuratorate of military court should turn down the request as he considers it unreasonable. Otherwise, for those he considers reasonable, he gives the following disciplinary actions: 1. He will order the public procurator of original procuratorate of military court to continue the investigation when the investigation has not been completed. 2. He will order the public procurator of original procuratorate of military court to file a lawsuit when the investigation has been completed. Article 147 The public prosecution should be proposed by the military attorney general to file the indictment to military court under its jurisdiction. The following issues should be recorded on the indictment: 1. Name, gender, age, birth place, title of military organization, troop or school, numbered designation, ranking, other residence or any traits that can be identified. 2. Facts and evidences of the crime along with the articles he violates. Documents, certificates and the evidences should be delivered in filing the lawsuit: Article 151 One of the justice administers will be appointed as the appointed administrator in cases under collegiate trial for the preparation of trial; he should ask about the defendant and collect or investigate the evidences. The appointed justice administrator has the same rights as the justice administrator or the military court. Declaration of article 109 is not limited here. Article 152 The Trial rights are enforced independently by the Military Court without any interference. Article 153 The defendant will be summoned to court in the trial day; the military attorney general, the defenders and the assistants should also be informed. The defendant and his family members, when summoned to the court, should have the chance to make statements. However, through official summons, if the defendant is absent without proper reasons or manifests that he is unwilling to be present, he is not http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 6/11
under the restrictions above when deemed unnecessary or inappropriate by the military court. Article 154 Lawsuits or other litigations should be mended by the military court when the lawful procedures are deficient and possibly to be mended. Article 162 After the debate is over, if necessary, the military court has to hold the debate again. Article 169 When one of the following situations is involved in the case, the case will be dismissed: 1. When the procedure of the lawsuit violates the regulations. 2. The case under public prosecution is again brought to the same military court. 3. The crimes of accusing by the court or appealing to the court have not been accused or requested; or the accusing or requesting has been revoked or expired the accusing time-period. 4. The case is once under non-prosecution or withdrawn and violates article 144 and suited again. 5. When the defendant has past away 6. When the court has no jurisdiction over the defendant 7. Cases cannot be brought to trial due to the same case competing for the jurisdiction. Article 171 Cases under no jurisdiction rights should be delivered to the military court and let the wrong jurisdiction known. Article 177 If the verdict could be appealed to a higher court, during the appealing period, the military court which files the appeal and regulations of article 182 and 183 should be announced and recorded in the original of the verdict sending to the defendant. People who fit authority appealing should inform of the time-period of bringing up the debate book and the military court accepting the appeal in announcement. The original copy of the first verdict should be sent to the victim, defendant, accusant, defendant's subordinating officials and higher-level officials of military organizations. The person dispatched can make a statement to the military attorney general during the appealing period. Article 180 If persons involved refuse to obey the verdict of the first trial, they can appeal to higher-level military court. As for the accusant, the defendant, victim or officials of the defendant's who refuse to obey the verdict, they should provide the reasons to request the military attorney general to appeal to higher-level military court. For the benefits of the defendant, military attorney general can appeal to higher-level military court. Subordinating officials, legal representative or spouse of the defendant, for the defendant's benefits, can appeal to higher-level military court independently. Defenders of the first trial, for defendant's benefits, can appeal to higher-level military court in the defendant's name. But it cannot violate the defendant's announced intention. As for the verdict of the appealing military court, they cannot be appealed except for appealing to the Supreme Court or the Higher Court according to our regulations. Article 181 Verdicts appealed according to former regulations would be brought to trial in the higher-level military court by the original military court. However, verdicts of cases of general offices or life imprisonment, should be delivered to higher-level military court without waiting for the appeal and the persons involved will be informed. Verdicts of the appeal as death penalty, life imprisonment should be brought to trial in the Supreme Court; the persons involved will be informed. If the first proviso and the former situations happened, the defendant is considered as having filing the appeal. When persons involved refuse to accept the penalty above limited imprisonment of the highest military court or the death penalty and life imprisonment of the Higher Military Court, they can appeal to the Supreme Court for the reason of that the verdict s violates the laws. The verdict of the Supreme Court mentioned above cannot be appealed furthermore. http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 7/11
The regulations of rule2, 4 and 5 will be inappropriate during the war or in regulation 204. Article 183 The appeal should be made in written form to the military court of the first hearing. The speech of the defendant delivered in the verdict announcement will be taken down by the reporter. The former appeal, if not appealed by the defendant, should be handed in the transcribed form to the defendant by the military court. If it is appealed against the defendant's rights, the defendant should be informed to make a plea. Article 184 Appeals made by the defendants inside the Control Office during the period of appealing are considered appeals within the appealing. The defendants who cannot make the appeal themselves should have the appeals made for them by public officials. After officials of the Control Office receives the first appeal form, he should note with the receiving year, month, date and time and send it to the original military court. Article 186 The abandonment of rights of appealing is done in the military court of the first hearing. The withdrawn of the appeal is done in the appealing court. If the files are still in the military court of the first hearing, it is done there. Article 189 When the military court of the first trial has considered the appeal doesn't correspond to the procedures in law, should not be allowed or the appealing rights have been lost, it should turn the appeal down according to judicial declaration. If the appeal doesn't correspond to the law but still can be mended, the court should schedule a time to order the mending. Article 190 The military court of the first trial should deliver the document and evidences of the former cases to the appealing military court as soon as possible. Article 192 In the cases appealed to military court, the appealer should make a statement of the appealing main ideas after the Chief Justice ask about the defendant according to article 101. Article 193 The appealing military court should investigate the appealing part according to the original verdict. Article 194 If the defendant summoned to court by the appealing military court is absent without proper reasons, the verdict will be given without waiting for his statement. Article 195 The appealing military court can in terms of verdict turn down the appeal announcing that doesn't suit the lawful procedure or can be allowed lawfully or that has lost its appealing rights. For those that don't correspond to the procedures but still can be mended, military court of the first trial should schedule a period of time and order it to be mended. Article 197 When one of the following situations is involved in the verdict, it is considered as violating the statute of the law: 1. When the organization of the military court is against the law 2. Military justice administrator who is judged to avoid the trial still gets involved. 3. When the prohibition of open-trial is not regulated according to the law. 4. Inappropriate jurisdiction considered by the military court. 5. The accepted or unaccepted cases of the military court that are inappropriate. 6. The defendant is brought to trial before the trial day without special regulations. 7. In cases of applying defenders or appointed defenders, when the trial is brought without the presence of the defenders. 8. Except for special regulations, those that are brought to trial without the statement of the military attorney general present. 9. Those that should stop or renew the trial according to the law but without stopping or renewing. 10. Evidences that should be investigated before the trial day according to the regulation are without investigation. 11. When the defendant doesn't have the last chance to make a statement. 12. Except for special regulations, matters that accept the requests without the verdict http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 8/11
or those that have verdict but doesn't make any requests are considered as violating the law. 13. Military Chief Justice who participates in the verdict without participating in the trial. 14. When the verdict is without any reasons or the reasons are contradicted. 15. The reasons of the verdict that are beneficial to the defendant or the debate intention is not adopted without recording. Article 198 The appealing military court should turn the appeal down after it considers the appeal as having no proper reasons. When it considers there are reasons for the appeal or the first trial of the case is inappropriate or against the law, it should revoke the original trial and announce a verdict to the case again. However, the case should be sent back to military court of the first trial when the first trial is informed as wrongly exercised, abolished from the suit, dismissed or withdrawn inappropriately. When the first trial is informed as wrongly exercised, abolished from the suit, dismissed or withdrawn inappropriately, if the appealing military court has the jurisdiction over first trial, it should process in the verdict of the first trial. The regulations of the first proviso don't suit to be used in the examination of bringing the prisoner to the court or the examination participated by the judges. Article 199 The Supreme Court or the Higher Court should return the appeals to the original appeal or the military court of the first trial when the original verdict affects the identity because of violating the law or the verdict is informed as wrongly exercised, abolished from the suit, dismissed or withdrawn inappropriately. Article 201 The judgment book of appealing military court has to cite the facts, evidences and reasons of that of the first trial. When the first trial has not mentioned anything about important issues of the case or doesn't adopt evidences or argument beneficial to the defendant in the appealing trial, the reasons should be supplemented. Article 202 Cases appealed in war is brought to trial in written form, if necessary, they should undergo the examination of bringing the prisoner to the court or the examination participated by the judges in the form of oral judge. The examination of bringing the prisoner to the court or the examination participated by the judges should inform the military court of the first trial; if the defendant is under arrest, the defendant's officials of the Control Office should be informed. Article 204 People who committed crimes leading to death penalty in front of the enemies and had things to do with the war; his name, age, facts of the crime, evidences, the violated regulations and reasons for emergent handling will be taken down by the military court of the first trial to ask for the judge of the Highest Military Court, the documents and evidences will be delivered later on. What if the Highest Military Court has doubts, the documents and the evidences should be delivered immediately. If the punishment of former regulation is found to be not correspondent to the fact and the evidences or with serious mistakes, the judgers of the military court of the first trial should be condemned. Article 205 When the Highest military court turns down rule 1 of the former regulation, it has to inform by telegraphy. Procurarator of the Highest military court should deliver the turned-down telegraphy to be executed by the Ministry of National Defense five days within it receives it. 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 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. http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 9/11
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 218 After the verdict of guilty has been decided, if one of the following situations affects the benefits of person who receives the verdict, he can request for the retrial: 1. The evidences on which the original verdict based have been proved as counterfeited or differently-made. 2. The testimony, appraisal or translation of the original verdict is based on have been proved false. 3. The person who receives the verdict has proved to be calumniated. 4. The judgment of military court on which the original verdict is based has been altered. 5. If Military justice administer participating in the original verdict, verdict before the trial or investigations before the verdict, or military attorney general participating in the investigation or the lawsuit committed crimes in their posts out of the case and the crimes have been proved. Or they neglect their duties out of the case and have been punished but their behaviors are sufficient to affect the original verdict. 6. Because of the new evidences, the person who is judged as guilty should receive the verdict of innocence, abolished of the crime and the punishment, or receive the verdict that is lighter than the first verdict. 7. When the original verdict has no investigation over the evidences that are enough to http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 10/11
affect the verdict. The manifestation of situations of item 1 to 3 and item 5,after the verdict decided on the halt and discontinuation of the trial, can request for the retrial if it is not restricted in the insufficient evidence. Article 221 The announcement of the second trial made for benefits of the person receiving the verdict should be announced by the following people: 1. Military procurator of military court of the first trial 2. The person who receives the verdict 3. The legal representative or spouse of the person who receives the verdict 4. If the person who receives the verdict has been dead or mentally forfeited, the announcement should be made by his spouse, direct consanguinity, collateral relatives by blood within three grade or parents or family members of relatives by affinity within two grade. 5. The subordinating officials of the person who receives the verdict. Article 222 The announcement for the second trial of the person receiving the verdict who has suffered from disadvantages should be filed by the military attorney general of procuratorate of the military court of the first trial. Article 223 The procedure of the second trial, if considered by the military court of the first trial as violating the regulations should be turned down in terms of judicial declaration. Article 224 The announcement of the second trial has no rights to stop the effects of executing the punishments. However, the military attorney general of procuratorate of the military court, before the decision of the second trial can stop the execution by order. Article 226 After the verdict has been decided, if the trial of the case is found to conradict the law, chief-procurator of procuratorate of the highest military court can file the extraordinary appeal to the Supreme Court. If verdict of the case has been decided by the Supreme Court or the Higher Court, chief-procurator of procuratorate of the highest military court can file the extraordinary appeal. Article 227 When the Chief procurator discovers one of the former situations, he should send in the document and evidences along with the opinions book to the chief-procurator of procuratorate of the highest military court or the chief of procuratorate of the Supreme Court to file the extraordinary appeal. Article 229 The execution of the judgment should be conducted by military attorney general of the procuratorate of the military court. If there are special regulations or the execution should be conducted by military court, Chief Justices, appointed military attorney general or appointed military justice administrator, they are not under the restrictions. Military courts that turn down the appeals, verdict of the resistant announcement or have to execute the verdict by the low-ranking military judgment because of the revoke of the appeal or resistant announcement should be conducted by public procurator of procurarator of appealing military court. As for the former two situations, if the document is in low-ranking military court, it is executed public procurator of procurarator of military court. After the case has been decided by the Supreme Court or the Higher court, it will be executed by public procurator of procurarator of appealing military court. Article 230 After the defendant has been informed of death penalty for sure, the Supreme Court should send the documents to the procuratorate of the Highest military court to transfer to Ministry of National Defense. http://law.moj.gov.tw/eng/lawclass/lawsearchcontent_print.aspx?pc=f0120008&k1=military+court&k2=&k3=&k4= 11/11