Decree No. 59/SL of 1947 established a Central Military Court at the Ministry of National Defense to try criminal offenses committed by personnel under the central agencies of the Ministry of National Defense and the General Staff. The decree stipulates the organization, jurisdiction, and penalties of this court.
적용 범위
Ministry of National Defense, General Staff, Central Military Court
핵심 사항
- The Central Military Court consists of a presiding judge, assessors, and clerks (Article 2).
- The jurisdiction of the Central Military Court is to try criminal offenses committed by personnel under the central agencies of the Ministry of National Defense and the General Staff (Article 3).
- The court may impose fines, confiscation of property, imprisonment with fixed terms, penal servitude, or capital punishment (Article 6).
- The judgment of the Central Military Court is immediately enforceable except for the death penalty (Article 7).
- The Central Military Court has the authority to handle cases involving personnel from central agencies and civilians, but may transfer cases to civilian courts or military courts in certain circumstances (Article 5).
🌐 이 문서의 사회적 영향
- Establishing a separate trial mechanism for personnel committing crimes under the Ministry of National Defense and the General Staff.
- Contributing to maintaining discipline within the military.
- May create difficulties for the exercise of citizens' rights by those being tried.
❓ 자주 묻는 질문
Who are the members of the Central Military Court?
It consists of a presiding judge, assessors, and clerks (Article 2).
What is the jurisdiction of the Central Military Court?
To try criminal offenses committed by personnel under the central agencies of the Ministry of National Defense and the General Staff (Article 3).
What types of penalties can the court impose?
Fines, confiscation of property, imprisonment with fixed terms, penal servitude, or capital punishment (Article 6).
전문
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./.
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