Executive Yuan Minister without Portfolio Luo Ying-shay recommended at today's Cabinet meeting the addition of a new article to the Code of Court Martial Procedure to allow future criminal cases to be transferred from the military justice system to the civilian justice system.
The proposal of the amendment follows public outcry about military authorities' handling of the criminal investigation of Corporal Hung Chung-chiu's death on July 4. Hung died of organ failure following excessive physical training exercises during a detention sentence. The legislation is meant to permit civilian authorities to investigate and try cases in the event that military investigations or trials are called into question.
The major points of the amendment would be as follows:
● Military cases for which investigation has not yet concluded could be transferred to the civilian justice system for further investigation.
● Cases which are being heard by military courts but have not yet been decided could be moved to civilian courts forhearing and judgment.
● In principle, cases which have already been decided by courts-martial cannot be appealed or counter-appealed. If they meet the Code of Criminal Procedure's conditions to request a retrial or make an extraordinary appeal, however, such motions could be made before a civilian court so that cases which are thought to require reinterpretation have the opportunity to be overturned.
In response to the Hung case, Premier Jiang Yi-huah last week assigned Minister Luo to assemble a task force to steer investigation of Ministry of National Defense procedures. The group studied the Code of Court Martial Procedure and today proposed concrete amendments to the law. Jiang instructed the task force to communicate with the ruling party's legislative caucus on the issue.