Decree No. 59/SL Regarding the Establishment of a Central Military Court

DECREE

OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

NUMBER 59 ON July 5, 1947

PRIME MINISTER

Pursuant to Decree No. 34 dated March 25, 1946 and Decree No. 35-SL dated March 19, 1947 organizing the Ministry of National Defense;

Pursuant to Decree No. 45-SL dated April 25, 1947 organizing the Supreme Military Court;

Upon the proposal of the Minister of National Defense and after the Government Council has reached an agreement;

ISSUES THE DECREE:

Article 1:

The Ministry of National Defense shall establish a Military Court called the "Central Military Court."

Article 2:

The Central Military Court consists of:

- A presiding judge,

- One staff member from the Ministry of National Defense and one staff member from the General Staff as associate judges,

- A clerk recording debates, keeping case files and documents.

The aforementioned staff members shall be appointed by the Minister of National Defense's decree.

The associate judge from the General Staff, nominated, shall be appointed by the General Staff Commander's decree.

Article 3:

The Central Military Court has jurisdiction to try violations committed by personnel under the central agencies of the Ministry of National Defense and the General Staff, including battalion commanders and above.

However, this jurisdiction does not apply to non-military personnel who only perform their duties during wartime.

Article 4:

The phrase "and military personnel under the central agencies" mentioned in Article 3 of Decree No. 45-SL dated April 25, 1947 is hereby repealed.

Article 5:

If in a violation case, there are both personnel from the central agencies of the Ministry of National Defense and the General Staff, and personnel from other government agencies or civilians, such cases shall be tried by the Central Military Court. The Central Military Court may also refer personnel from other government agencies or civilians involved in the aforementioned cases to civilian courts or military courts for trial.

Article 6:

The special military court has the authority to impose sentences of:

- Fine,

- Confiscation of part or all of property,

- Imprisonment with a fixed term,

- Forced labor,

- Death penalty.

Article 7:

Judgments of the Central Military Court shall be immediately enforced, except for death sentences. When pronouncing a death sentence, the presiding judge must inform the defendant that he has the right to appeal to the Prime Minister for clemency. If the appeal is denied, the sentence will be immediately carried out.

Article 8:

The Minister of National Defense and the Minister of Justice shall implement this decree./.