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Amendments represent
an ¡¥extremely big change¡¦
Staff writer, with CNA
The amendments to the Code of Court Martial Procedure (x¨Æ¼f§Pªk) that will send
military personnel to civilian courts for trial represents an ¡§extremely big
change¡¨ to the nation¡¦s legal system, a source familiar with military law said
yesterday.
The Legislative Yuan on Tuesday passed amendments to the code to make service
personnel subject to prosecution and trial in civilian courts for offenses
committed during peacetime.
The amendment is the latest major modification to the 1956 law. The legislature
passed an amendment in 1999 to set up independent military courts and keep
superiors out of the trials of their subordinates to uphold the spirit of
judiciary independence, the source said.
The majority of low-level military justice personnel had ¡§absolutely no idea¡¨
that court martials were being scrapped during peacetime ¡§until they saw [the
Cabinet¡¦s press conference on Saturday] on TV,¡¨ the source said.
The Cabinet announced its intention to amend court martial laws in response to a
massive demonstration on Saturday last week, when about 200,000 people took to
the streets near the Presidential Office to demand justice for army corporal
Hung Chung-chiu (¬x¥ò¥C), who died on July 4 during his mandatory service, and
better protection of human rights in the military.
The court martial system has long been a divisive issue, with a majority of
academics agreeing that military trials should be scaled down during times of
peace, but calls for ¡§an outright abrogation/abolition¡¨ of the system were few
in number before the issue reached the legislature, the source said.
The amendments passed on Tuesday will be implemented in two stages.
The first, effective immediately, brings military servicemen to civilian courts
under the Code of Criminal Procedure (¦D¨Æ¶D³^).
Other offenses will not be subject to civilian trials until five months after
the amendment has been promulgated.
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