Military Court: Important Information to Know

According to the Ordinance on Organization of Military Courts in 2002, the regulations on military courts are stipulated as follows:

- The military court system consists of:

- The Central Military Court;- Military Courts of military zones and equivalent levels;- Regional Military Courts.

Based on the tasks and organization of the Army, the Standing Committee of the National Assembly decides on the establishment and dissolution of military courts of military zones and equivalent levels, and regional military courts at the proposal of the Chief Justice of the Supreme People's Court after reaching an agreement with the Minister of National Defense.

- The adjudication at military courts of military zones and equivalent levels, and regional military courts involves the participation of military assessors as stipulated by procedural laws. During adjudication, military assessors have equal authority with judges.

Judges and military assessors are independent and shall only follow the law during adjudication. Military courts adjudicate collectively and decide by majority. The composition of the trial panel at each level of adjudication is determined by procedural laws.

- Military courts conduct trials publicly, except in cases requiring closed trials to protect state secrets, military secrets, national customs and traditions, or the justifiable interests of the involved parties. Moreover, military courts adjudicate based on the principle that all citizens are equal before the law, without discrimination on the basis of gender, ethnicity, religion, belief, social class, or social status; individuals, agencies, organizations, people's armed units, and production or business facilities of all economic sectors are equal before the law.

- Military courts implement the policy of a two-level adjudication system.

First-instance judgments and decisions of military courts may be appealed or protested according to the stipulations of procedural laws.

First-instance judgments and decisions not appealed or protested within the time limit specified by law become legally effective. For first-instance judgments and decisions that are appealed or protested, the cases must be reviewed in appellate trials. Appellate judgments and decisions are legally effective.

Judgments and decisions of military courts that have taken legal effect and are found to have legal violations or new evidences will be reviewed according to cassation or reopening procedures prescribed by procedural laws.

See more related content at: Ordinance on Organization of Military Courts 2002 effective from November 15, 2002.

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