Decree No. 45/SL of 1947 stipulates the establishment of a Supreme Military Court to try military personnel at the level of Regiment Commander and above and those from central agencies who commit crimes under the General Penal Code or crimes with military characteristics. This document applies to the entire territory of the Democratic Republic of Vietnam.
적용 범위
The entire territory of the Democratic Republic of Vietnam
핵심 사항
- The establishment of the Supreme Military Court to try military personnel at the level of Regiment Commander and above and those from central agencies who commit crimes under Article 1.
- The Supreme Military Court consists of a Chief Judge, two Associate Judges, a Government Commissioner, and a Legal Advisor (Article 2).
- The jurisdiction of the Court includes military personnel at the level of Regiment Commander and above who commit crimes under the General Penal Code or crimes with military characteristics (Article 3).
- Judgments of the Court shall be executed immediately, except for death sentences. When pronouncing a death sentence, the Chief Judge must inform the defendant of their right to request clemency (Article 4).
- Disputes between the Supreme Military Court and Civil Courts or Military Courts shall be resolved by the Appellate Council (Article 5).
🌐 이 문서의 사회적 영향
- Establishing a legal basis for the trial of serious crimes in the military.
- Reducing disputes between the Supreme Military Court and Civil Courts or Military Courts through the Appellate Council.
- Providing specific regulations on the composition of the Supreme Military Court, ensuring professionalism in trials.
❓ 자주 묻는 질문
What is the purpose of establishing the Supreme Military Court?
To try military personnel at the level of Regiment Commander and above and those from central agencies who commit crimes under the General Penal Code or crimes with military characteristics.
Who makes up the Supreme Military Court?
It consists of a Chief Judge, two Associate Judges, a Government Commissioner, and a Legal Advisor.
When are judgments of the Supreme Military Court executed?
Judgments shall be executed immediately, except for death sentences. When pronouncing a death sentence, the Chief Judge must inform the defendant of their right to request clemency.
How are disputes between the Supreme Military Court and Civil Courts or Military Courts resolved?
They are resolved by the Appellate Council consisting of Representatives of the Ministry of National Defense and the Ministry of Justice, the Chief Judge of the Supreme Military Court, and the Chief Judge of the High Court.
Who has the authority to appoint members of the Supreme Military Court?
The Chief Judge is appointed by a Decision of the Minister of National Defense, the first Associate Judge by a Decision of the Minister of Justice in agreement with the Minister of National Defense, the second Associate Judge and the Government Commissioner, the Legal Advisor are all appointed by a Decision of the Minister of National Defense.
전문
DECREE
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
NUMBER 45 ON APRIL 25, 1947
CHAIRMAN OF THE COUNCIL OF MINISTERS
Pursuant to Decree No. 34 dated March 25, 1946 organizing the Ministry of National Defense;
Pursuant to Decree No. 71 dated May 22, 1946 establishing the rules for the National Army of Vietnam;
Pursuant to Decree No. 163 dated August 23, 1946 organizing the Military Court;
Pursuant to Decree No. 19/SL dated February 16, 1947 organizing the Military Courts of Circuit;
At the proposal of the Minister of National Defense and after the Council of Ministers has reached an agreement;
ISSUES THE DECREE:
Article 1
The Supreme Military Court is hereby established with jurisdiction over the entire territory of the Democratic Republic of Vietnam.
Article 2
The Supreme Military Court consists of:
- One Chief Judge and two Associate Judges;
- One Government Commissioner;
- One Clerk recording the proceedings, keeping custody of prisoners, or handling documents.
The Chief Judge shall be a military officer or a senior official of the Ministry of National Defense appointed by a Decision of the Minister of National Defense.
The first Associate Judge shall be a second-grade judge appointed by a Decision of the Minister of Justice after consultation with the Minister of National Defense.
The second Associate Judge shall be a military officer of equal or higher rank than the accused, appointed by a Decision of the Minister of National Defense.
The Government Commissioner and the Clerk shall be military officers under command or officials of the Ministry of National Defense appointed by a Decision of the Minister of National Defense.
Article 3
The Supreme Military Court has jurisdiction to try military personnel at the level of Colonel or above and those belonging to central agencies, for:
- One or more offenses defined in the Penal Code, according to the penalties prescribed therein;
- One or more offenses of a military nature defined in Article 7 of Decree No. 163 dated August 23, 1946, according to the penalties prescribed in that article.
Article 4
Judgments of the Supreme Military Court shall be immediately enforced, except for death sentences. When pronouncing a death sentence, the Chief Judge must inform the defendant that he has the right to appeal to the Chairman of the Council of Ministers for clemency.
Article 5
In case of jurisdictional dispute between the Supreme Military Court and a Civil or Military Court, it shall be resolved by a Determining Council. This Council shall consist of:
- A representative of the Joint Ministry of National Defense and Justice, Chair;
- The Chief Judge of the Supreme Military Court, Member;
- The Chief Judge of the High Court,
Article 6
The Minister of National Defense and the Minister of Justice shall implement this Decree accordingly./.
Ho Chi Minh City
(Signed)
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