Chapter II
ORGANIZATION, TASKS AND POWERS OF MILITARY COURTS OF ALL LEVELS
Section I. THE CENTRAL MILITARY COURT
Article 21.-
1. The Central Military Court lies within the organizational structure of the Supreme People’s Court.
2. The Central Military Court is organizationally structured to include:
a) The Committee of Judges of the Central Military Court;
b) The appellate courts of the Central Military Court;
c) The assisting apparatus.
3. The Central Military Court consists of the chief judge, deputy-chief judges, judges, clerks.
Article 22.-
1. The Central Military Court has powers to conduct:
a) Appellate trials of criminal cases where judgments and/or decisions handed down by the immediate subordinate military courts have not yet taken legal effect but have been protested against and/or appealed under the provisions of the procedural legislation;
b) Supervisory and review trials of criminal cases where judgments and/or decisions handed down by subordinate military courts, which have already taken legal effect and been protested against under the provisions of the procedural legislation.
2. The Central Military Court shall supervise the trials by subordinate military courts.
Article 23.-
1. The Committee of Judges of the Central Military Court consists of:
a) The chief judge, deputy-chief judges of the Central Military Court;
b) A number of judges of the Central Military Court, who are decided by the chief judge of the Supreme People’s Court at the proposal of the chief judge of the Central Military Court.
The total number of members of the Committee of Judges of the Central Military Court shall not exceed seven.
2. The Committee of Judges of the Central Military Court have the following tasks and powers:
a) To guide in detail the uniform application of law at the military courts, based on the resolutions of the Council of Judges of the Supreme People’s Court.
b) To draw experiences from trials conducted by the military courts;
c) To adopt reports of the chief judge of the Central Military Court on activities of the military courts for further report thereon to the chief judge of the Supreme People’s Court and the Defense Minister.
3. A meeting of the Committee of Judges of the Central Military Court must be attended by at least two-thirds of the total number of its members. Decisions of the Committee of Judges of the Central Military Court must be approved through voting by more than half of the total number of its members.
Article 24.-
1. The chief judge of the Central Military Court has the following tasks and powers:
a) To organize the adjudicating work;
b) To chair meetings of the Committee of Judges of the Central Military Court;
c) To protest according to supervisory procedures against judgments and decisions, which have been handed down by the subordinate military courts and have already taken legal effect, under the provisions of the procedural legislation;
d) To organize professional fostering for judges, army men’s jurors and officials of the military courts;
e) To organize the inspection of activities of the subordinate military courts;
f) To report on the military courts’ activities to the chief judge of the Supreme People’s Court and the Defense Minister;
g) To carry out other activities as provided for by law.
2. The deputy-chief judges of the Central Military Court shall assist the chief judge, performing tasks assigned by the chief judge. When the chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to lead Court’s work on the latter�s behalf. The deputy- chief judges take responsibility before the chief judge for their assigned tasks.
Section 2. MILITARY COURTS OF MILITARY ZONE AND EQUIVALENT LEVEL
Article 25.-
1. A military-zone or equivalent-level military court is organizationally structured to include:
a) The Judges’ Committee;
b) The assisting apparatus.
2. A military-zone or equivalent-level military court consists of the chief judge, deputy-chief judges, judges, army men’s jurors and clerks
Article 26.- The military courts of the military zone or equivalent level are competent to conduct:
1. First-instance trials of criminal cases not falling under the jurisdiction of the regional military courts and criminal cases which fall under the jurisdiction of the regional military courts but are brought up by the military courts of the military zone or equivalent level for trials;
2. The appellate trials of criminal cases where the judgments or decisions of subordinate military courts have not yet taken legal effect but have been protested against or appealed under the provisions of procedural legislation.
3. The supervisory and review trials of criminal cases where the judgments or decisions of subordinate military courts have been protested against under the provisions of the procedural legislation;
4. The settlement of other matters prescribed by law.
Article 27.-
1. The Committee of Judges of a military-zone or equivalent-level military court consists of:
a) The chief judge and deputy-chief judges of the military-zone or equivalent-level military court;
b) A number of judges of the military-zone or equivalent-level military court, decided by the chief judge of the Central Military Court at the proposal of the chief judge of the military-zone or equivalent-level military court.
The total number of members of the Committee of Judges of a military court of the military zone or equivalent level shall not exceed five.
2. The Committee of the military-zone or equivalent-level military court has the following tasks and powers:
a) To conduct supervisory and review trials of criminal cases where the judgments or decisions of the subordinate military courts are protested against under the provisions of the procedural legislation;
b) To ensure the uniform application of laws at their military courts and the subordinate military courts;
c) To draw adjudicating experiences;
d) To adopt reports of the chief judges of the military-zone or equivalent level military courts on activities of the military courts in the military zones or the equivalent for further report to the chief judge of the Central Military Court, the commanders of the military zones or the equivalent.
3. A meeting of the Committee of Judges of the military-zone or equivalent-level military court must be attended by at least two-thirds of the total number of its members. Decisions of the Committee of Judges of the military-zone or equivalent-level military court must be approved through voting by more than half of its members.
Article 28.-
1. The chief judges of the military-zone or equivalent- level military courts shall have the following tasks and powers:
a) To organize the adjudicating work;
b) To chair meetings of the Committees of Judges of the military-zone or equivalent-level military courts;
c) To protest according to the supervisory procedures against judgments or decisions of subordinate military courts, which have already taken legal effect, according to the provisions of the procedural legislation;
d) To organize the inspection of activities of the subordinate military courts;
e) To organize professional fostering for judges, army men’s jurors and officials of their military courts as well as the subordinate military courts;
f) To report on activities of the military courts in the military zones or the equivalent to the chief judge of the Central Military Court, the military-zone or equivalent-level commanders;
g) To perform other work as prescribed by law.
2. The deputy-chief judges shall assist the chief judge, performing tasks assigned by the chief judge. When the chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to lead the court’s work on the latter’s behalf. The deputy-chief judges take responsibility before the chief judge for their assigned tasks.
Section 3. REGIONAL MILITARY COURTS
Article 29.-
1. A regional military court consists of the chief judge, deputy-chief judges, judges, army men’s jurors and clerks.
It has an assisting apparatus.
2. The regional military courts have competence to conduct first-instance trials of criminal cases regarding crimes prescribed in the Penal Code, where the defendants are of lieutenant colonel or lower ranks or hold the post of commander of regiment, equivalent or lower level; to settle other matters as prescribed by law.
Article 30.-
1. The chief judges of the regional military courts have the following tasks and powers:
a) To organize the adjudicating work;
b) To report on activities of their regional military courts to the chief judges of their immediate superior military courts;
c) To perform other work as prescribed by law.
2. The deputy-chief judges shall assist the chief judge, performing the tasks assigned by the chief judge and take responsibility before the chief judge for their assigned tasks.
Tìm kiếm
Pháp lệnh Tổ chức Toà án quân sự năm 2002 (Bản Word)