I.The “Armed Forces Disciplinary Punishment Act” and the “The Servicemember Relief Act” were promulgated by the President on August 7, 2024. The MND has completed all preparatory work, including the revision of related sub-laws, training for personnel, and military-wide outreach and education sessions. Upon approval by the Executive Yuan on July 11, 2024, both acts were officially implemented on August 6, 2024. In conjunction, the Service Tribunal of the High Court of Military Justice and the Servicemember Rights Protection Committee of District Court of Military Justice also commenced formal operations on the same date.
II.To establish a new military justice system that aligns with the constitutional principles of fair trial and due process, while balancing human rights protection and military discipline, the MND has conducted a comprehensive review of recommendations from academia, Constitutional Court justices, and various sectors of society regarding the military judicial system. From procedural, personnel, and organizational perspectives, and incorporating the latest developments in legal practice, the MND has drafted four related bills, including the Amendment to the Military Trial, the Judge Advocate Personnel Management Act, the Organization Act of the Military Court, and the Organization Act of the Military Prosecutors Office, all of which were submitted to the Executive Yuan for review on July 31.
III.To prevent active-duty military personnel from pledging allegiance to hostile forces, the MND has drafted an amendment to Article 24 of the “Criminal Code of the Armed Forces. ” In formulating the amendment, the MND has incorporated opinions from relevant agencies, including the Judicial Yuan, Ministry of Justice, National Security Bureau, and the Mainland Affairs Council, to ensure the completeness of the legal elements. The draft amendment not only adds specific penal provisions but also increases the statutory penalties for “the offense of surrendering to the enemy through dereliction of duty, ” and introduces punishments for attempts and conspiracies to commit such offenses. These changes aim to effectively safeguard national security and military interests. The legislative procedures for the amendment have been completed. Once reviewed by the Executive Yuan, the proposal will be submitted to the Legislative Yuan with a recommendation for priority consideration.
Excerpt from: R.O.C. National Defense Report, 4th Session of the 11th Legislative Yuan