Military officers who commit military offenses would receive military trials, while those convicted of general criminal offenses would be handled by the civilian judiciary, the Ministry of National Defense said today.
Active-duty military officers who commit offenses listed in Part 2 of the Criminal Code of the Armed Forces (陸海空軍刑法), such as offenses against allegiance to the nation, would face military trials, while crimes listed in Part 3 of the code would be handled by the judiciary, the ministry said.
The ministry also said it would establish military courts and prosecutors’ offices in suitable regions according to the Organization Act of the Ministry of National Defense (國防部組織法).
Photo: Chu Pei-hsiung, Taipei Times
It would create organizational acts to regulate the new authorities and uphold their independence, it added.
It would create a personnel management act to regulate the appointments, dismissals, promotions, transfers and evaluations of military judges that is based on the Judges Act (法官法) to ensure fairness and independence, it said.
Prospective military judges should have military experience, as the cases they handle would revolve around the profession, it said.
The ministry is to comprehensively examine and amend the Military Trial Act (軍事審判法) in accordance with the principle of fair trials and legitimate legal procedures, while also ensuring human rights, upholding military discipline and safeguarding national security, it said.
The ministry said that it appreciates the concerns that some sectors of society might have, adding that it is to consult with the judiciary, experts and academics, and would communicate with the public to garner support for the changes.
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