Reform of the military justice system takes effect today following revision by the legislature of court-martial laws that were deemed unconstitutional and open to abuse by military leaders.
Revisions to the court-martial law by the Council of Grand Justices last week emphasized the judicial independence in the military courts and adoption of civil court standards and processes for trials and appeals.
For over four decades, military leaders have had the option of prosecuting servicemen under their command and interfering with the judgement of the courts.
Today is the deadline date which the Grand Justices set for changing sections of the court-martial laws, having ruled that it was unconstitutional two years ago.
New Party lawmaker Hsieh Chi-ta (
He said the revisions would ensure the independence of the military courts and exempt servicemen from military trials for civil offenses, unless the offenses violated special laws for the armed forces.
In the past, Hsieh said, military chiefs had the authority to prosecute a serviceman under his command and the power to ratify the ruling given by the military court.
"It resulted in cases of miscarriages of justice of various kinds." he said.
Military courts will have three levels, rather than the present one, including a regional court, high court and supreme court.
These will be run like civil courts and established on a regional basis rather than on a military unit basis, as in the past. The revised law will also forbid military prosecutors from acting as court-martial judges
The regional courts will handle first trials involving non-commissioned officers and officers under the rank of major (Army, Air Force) or lieutenant commander (Navy).
High courts will deal with the first appeals of servicemen and first trials of officers above the rank of major or lieutenant commander.
The supreme court will handle second trials or first appeals of officers. All the trials will allow debate between the defendant and prosecutor.
Final appeals for all servicemen will go to the civil high court. "It will achieve a unification of the military and civil justice systems at the final trial," Hsieh said.
The revised law will also stop military prosecutors from acting as court-martial judges and vice versa, due to lack of personnel.
To cope with the new demand there will be recruitment of court officials by open examination from the civil and military sectors.
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