2025/03/13
Ministry of National Defense Press Release on the New Military Judicial System
Press Release Date: March 13, 2025
Time: 16:00
Topic: Briefing on the New Military Judicial System
Host: Major General Sun Lifang, Director of the Military News Agency
Attendees: Lieutenant General Shen Shihwei, Director-General of the Department of Legal Affairs, Ministry of Justice
1. Background
Since the revision of the Military Justice Act in 2013, military legal cases have been transferred to the judiciary in two phases, starting in August of the same year. Only the adjudication of military personnel crimes during wartime remains under military jurisdiction. Over the past 11 years, the Ministry has attempted to preserve the capability for wartime trials through internal training and the secondment of military judges to prosecutors' offices, but the results have been limited. After a comprehensive review, it has become clear that maintaining a fully operational military legal system in peacetime is essential for ensuring a smooth transition between peacetime and wartime operations. This transition is crucial for upholding military discipline and safeguarding human rights.
2. Direction of Legal Revisions
Historically, military trials in Taiwan have faced a lack of public trust, with concerns regarding hierarchical jurisdiction and the lack of independence in the judicial process. The Ministry humbly acknowledges these concerns. The upcoming legal revisions will comprehensively address these issues to ensure that the renewed military judicial system adheres to the constitutional requirements of fair trials and due process, while also balancing human rights protection with the need for military discipline and national security.
3. Legal Revision Plans
(1) Scope of Military Judicial Cases
Military judicial cases will primarily focus on crimes committed by active-duty personnel related to their military duties. For example, violations under the military criminal law, such as betrayal of loyalty to the nation, will be handled by military courts. However, crimes committed by military personnel that fall under the general criminal code will remain under the jurisdiction of the judiciary.
(2) Establishment of Laws for Military Courts and Military Prosecutor Offices
The Ministry will issue laws defining the structure and organization of military courts and military prosecutor offices, with consideration of operational needs in various regions. To enhance the independence of these institutions, separate legislation will be introduced to regulate the organization of military courts and prosecutors' offices, addressing concerns about external interference in investigations and trials.
(3) Establishment of the "Military Judge Personnel Regulations"
Currently, there are no specific regulations for military judges in terms of appointments, duties, or career progression, unlike the protections provided to judges under the Judges Act. The Ministry will introduce a "Military Judge Personnel Regulation," which will differ from the general military personnel system, ensuring fairness and independence in the appointment, transfer, evaluation, and dismissal of military judges.
(4) Military Judges Must Have Military Experience
Given the specialized nature of military legal cases, military judges involved in investigations and trials will be required to have relevant service experience in the military to ensure they understand the specific characteristics of military cases. A legal provision will mandate that military judges must have a certain level of military service experience to qualify for selection.
(5) Comprehensive Review of Military Law
In alignment with the principles of fair trials and due process, the Ministry will conduct a thorough review and revision of the Military Law. The Ministry will consider implementing mandatory legal defense, abolishing hierarchical jurisdiction, and revising the appeals process and judicial review system. Feedback from judicial authorities, experts, and scholars will be sought to ensure appropriate planning and communication with the public, aiming to gain broad support for the changes.