Hung-inspired amendment announced, appeals board set
By Ray Hsieh, The China PostTAIPEI, Taiwan -- Any soldier actively serving in the military who breaches the Criminal Code of the Armed Forces during peacetime will be prosecuted according to the Code of Criminal Procedure — rather than by a military code — according to a new amendment, the Presidential Office announced yesterday.
August 14, 2013, 11:50 am TWN
As a result of the amendment to be enacted on Aug. 15, the case of Army Corporal Hung Chung-chiu (洪仲丘) will be transferred to the district court. As for the other court-martial cases, cases at the trial stage will transferred to local courts, and cases in the investigatory stage will be taken over by the Prosecutors Office, and the court-martial inmates will be transferred to judicial prisons, the vice director of the Court Martial Division in the Ministry of National Defense Chen Shi-wei said.
The overhaul has been attained through cooperation among the Ministry of National Defense, the Ministry of Justice and the Agency of Corrections of the Ministry of Justice.
As a response to Hung's death and the ensuing public demands, the Cabinet set up the Miscarriage of Justice in Military Appeals Board.
The board members, who have since been ratified by Premier Jiang Yi Hua, will investigate suspected cases of tainted justice within the military, some of which date back up to 20 years.
The 15-member Appeals Board consists of four members from social justice and human rights groups, three lawyers recommended by the Taiwan Bar Associations, four scholars and four government representatives. The board will inquire into the cases of soldiers that died or went messing while in military service and whose families are not willing to accept the results of previous military inquiries.