[Where] published the text of the assets of the Military Code of Criminal Procedure[/ltr]
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[Where] published the text of the assets of the Military Code of Criminal Procedure
Published by all of Iraq [where] the text of the assets of the Military Criminal Procedure Act, which was approved by parliament in its meeting on Saturday.
According to the text of the law: the name of the people, President of the Republic
Based on Maagherh the House of Representatives and approved by the President of the Republic and according to the provisions of subsection [first] article  and the item of Article 73 of the Constitution.
Issued the following law: No.  for the year 2016, the assets of the Military Code of Criminal Procedure
Chapter One: General Provisions
The provisions of this Act shall apply to the military covered by the Military Penal Law No. 19 of 2007 on prisoners of war.
Formed under the provisions of this law military courts Alatyh.-
First-court ordered the seizure.
Third-Military Court of Cassation.
Military trials of two types, namely:
First: summary trials: It is taking place in front of ordered adjustment of the sentencing on from under Aamrth within the scope of the criminal authority.
Second-trials is brief: It is taking place in front of military tribunals.
First -takhts military court trial of the accused in these crimes, regardless of the harm of the crime time:
A-If the military has committed any of the crimes set out in the Military Penal Code or other laws Alakabbah did not result in a personal right of individuals.
B. If the military has committed any of the crimes stipulated in the penal laws is the law against the military last job was related to the military court or competent military authorities may be uploaded to the civil courts to decide.
Second-civil court specializes in succulent crimes in the following cases:
A-If the crime committed against the civilians of the military.
B. If the military authority decided to deposit the case to a civilian court that they are related to the rights of civilians.
Third-Civil courts are competent to look into the crimes committed by the military against civilians.
Independent military courts no authority for it is the law.
Chapter II: The news about the crimes and primary investigation
News for crimes
First -aly all military tells him that his order for every crime or sudden death or the death of a suspected aware of them or reading them on this matter to provide news to the panel ordered the relevant authorities.
Second-both claiming harm from a crime to raise Qzith to his order on the matter and make a dish that requires law.
Third-all non-military authority -lhak knowledge of the occurrence of a crime due consideration to the military courts to tell immediately the nearest military authority for them.
Military Prosecutor the right to request to take legal action in every crime has taught him the right to take over his own investigation based on the order issued to him by the Supreme was due and then acquire the foolishness of the Council's investigative and exercise the powers provided for in the Act.
Tell if the unit is the occurrence of a crime who are under his command or found that there are things that call for action he may take the investigation Mayati:
First -atoly investigation himself
Second - or appoint an officer to do Balthakbak
Thirdly - or order the formation of a council investigative.
First -ahkl defense minister in the ministry's headquarters council investigative than three officers in at least be the boss and one of its members from Alhakoyen officers or the Consultation Act to investigate the cases referred to it by the Minister or his nominee after the rightful end of deposited securities investigative to the legal department for scrutiny and sent to is competent assignment for transmission to the associated military court or returned to the investigative board to investigate them again or to Akamil investigative deficiencies or where to reconsider its decision in respect thereof shall be binding Ray legal department.
Second-it ordered the unit to be issued Amrckal investigative board of three officers in the least of his unit for their assistance in the investigation and will be the oldest president and officers of equal rank military officer be president.
First - on board the investigation or the investigating officer to investigate Awalammer based case he receives it Yalsadr investigation that initiate an investigation Balqzih and go to the place of occurrence if necessary, and opens up a record of the actions taken by the logging.
Second-hear the words of both the plaintiff and the defendant the right to personal and the complainant and the detective and the victim and the present and who has knowledge of the crime separately and may face Bazhm interconnected other at the argument and re-interviewed and recorded those words in the record and then recited them signed by the Chairman of the Board's investigative or based investigation with Alchkt which codified his words, and if he is not able to sign thou shalt take the imprint left thumb and if it refrained from Fedun failing in the record.
Third-if the accused was present to discuss any witness of the prosecution witnesses and Atab hear any witness he calls for the investigation to decide based answer or reject the application on that fact shall be noted in the record.
IV if it appears to the Council or the investigating the incident not be considered a crime, or that he does not face the accusation of lack of responsibility or lack of evidence can serve as a basis for indictment or to realize the responsibility he may decide to close the case and release the accused immediately and was suspended and lifted Securities investigative at it either if Dahr said the incident is a crime Oujda evidence can serve as a basis for accusing him and decides to assign the charge in accordance with the legal provision related to the Securities and raise it.
Va.llqaim inquiry or investigation board may order the arrest of the accused if it saw no reason to be recorded on the reason for the arrest in the record and that takes into account the statutory period provided for in the Act.
VI based on the recommendation of the Council of computational competent investigative and ordered assignment or his nominee military court placed custody on five salary and allowances of the military.
Saava_ exercise is unity and the investigating officer and the board's investigative powers and authorities planned
The investigating judge stipulated in assets of the Code of Criminal Procedure No. 23 of 1971
Crimes that are investigated, except the powers of referral to the competent court.
Thamna_ the victim challenged the investigative board's decision before the competent court within the military  thirty days from the date of notification of the decision and the decision of the outcome of the appeal prohibited.
Ola_ Court Awalcil investigative or based investigation or order the unit to issue paper summons to the accused, a witness or a related lawsuit or this case investigated, that the liberation of the paper in two shows where the issuing agency and the name trio in charge of attendance and his fame and military space and time required to attend and address and the type of crime being investigated and legal article, but if it is required summoned to appear non-military are so by issuing a paper summons and reported by place of residence police station or work.
Thania_ military understands the charge of the content of the paper commissioning and taken his signature on the original Bamdhaih version or Phosphene thumb and handed him a second version indicates the root of the paper for reporting with a statement date, time and Aogaha-based reporting, and if the military declined required to attend all received the summons or he is unable to sign For whatever reason Alqam Baltbag understand that substance in the presence of two witnesses or order the unit and leaves him second version after explaining that in the two versions and signed with the witnesses or order.
Thaltha_ If confirmed, the Dai investigating authority that the witness is required to attend is unable to attend for a legitimate excuse he may send one member to him to write down his testimony whenever it deems as conditions permit the accused the right to attend and discuss the witness.
Raava_ if the witness is a resident in a remote for the authority to investigate the center of the place may be to hear testimony by way of agency of the court of inquiry so shop that was a non-military or military court, if any, otherwise it is it's the unit that belongs to them the witness said was a military, then it has to define things to be undertaken and Alqaia that need to record statement from the witness thereon.
Va_ Investigating Authority referral fails to appear non-military without a legitimate excuse to the competent court of inquiry to take legal action against him.
To ordered the unit or the investigating officer or the board's investigative work when the occurrence of sudden death or the death of a suspect to request the forensic medicine autopsy to find out the real reason for LoFat. It has if necessary to ask the competent examining magistrate permission to open the tomb to reveal the body by an expert or a specialist with the presence of the deceased to determine the cause of death.
The Council should be formed investigative check when one of the following cases:
First: the loss, damage or for damage to the substance of private military service and materials required for the formation of the investigative board in this case be:
A-value of the damage is outside the power of unity in embedding.
B-crime caused by gross negligence.
T-crime that took place on the weapon or gear wheels or any part thereof, or the result of gross negligence or appropriated.
Second: the lack of access to the fund account.
III loss or the death or destruction of an animal Wei peacetime.
IV embezzlement or theft of any item of special materials for military service, or upon the sale, purchase or mortgage or a pledge or hide this article or possession in bad faith or when disposed of illicit conduct.
V. malfunction, damage or injury in the body of one of the military or when he died.
VI occurrence of a murder or a serious injury.
First: the accused has the right to express his statements at any time, after hearing the testimony of any witness and to ask Ataakec or summoned for this purpose.
Second: If it turns out that the defendant testify against another defendant shall be inserted testimony and differentiate suit each.
III Aihlv to the right of the accused only if the certificate in place of the other defendants.
IV Aaghebr for the accused to answer questions directed to him.
V. Aaghebr for the use of any illegal means to influence the accused to get a confession and is one of the illicit abuse and threats of abuse and seduction and the promise of intimidation or psychological influence or use of drugs and alcohol and drugs means.
VI recorded words of the accused in the record and signed by the defendant and the President of the Court or the President of the Council investigative or based investigation after he read it, and if the defendant refrained from signing it abides in the record.
VII if it included the testimony of the accused admission of having committed the crime For President of the Court or the President of the Council investigative or based investigation recorded by himself and read to him after finishing them and then signed by the President of the Court or the President of the Council investigative or based investigation, the accused, if the accused wanted to identify his testimony plan, it may do so provided that it is Blogging before the President of the Court or the President of the Council based investigative or investigate, and then signed by the accused proves that the minutes
VIII recorded in the record certificates, which asked the defendant to hear him deny the crime and bring in other evidence presented by the defendant unless the defendant shows that the request can not be executed or that he intended to delay the course of the investigation unnecessarily or to mislead the court.
First: When the offenses of non-military officers for the crime of absenteeism stipulated in the Military Penal Code, the authority to conduct the trial and the imposition of the penalty shall be ordered to the settings, the fact that the crime of absenteeism is kind of irregularities.
Second at the time of the military officers and ranks of the offense of absence or escape provided for in the Military Penal Code, it must form an investigative board to install the reasons for absences Awalahrob and the types and numbers of other military equipment and materials that could be transmitted Astsahava investigative papers to the military court.
The power to order at the end of the investigation
Unity is verified investigative paperwork when viewed him and take them one following decisions:
First: returned to the investigating authority to complete the deficiencies in it.
Second referral to the authority of the other to achieve if it found it necessary for the safety investigation.
III ratify the decision Altakiq authority to release the accused.
IV sentencing if the Council decision includes assigning investigative crime charge to the accused and the penalty for that crime within his powers.
V. raise the investigative papers to the command or competent leader if the verdict was outside its powers for the purpose of imposing the penalty.
It refers to the region or ordered the commander of the band leaves the competent investigative before it legal to Advocate for the band after taking legal opinion which have either the use of powers to the order of commanding the unit or investigative papers shall refer to the military court to decide the case.
The defense minister to withdraw the administrative investigation and deposited into other investigating authority has canceled the decision of the state investigative authority or any decision in accordance with the provisions of Articles  and  of the Act, within  thirty days from the date of issuance of the decision and has in this case order a new investigation and then decide where either ratify the Alaqraralsadr in the case, to release or to issue sentencing if the decision in the case includes assigning Thh to the accused and the penalty for that crime within its powers or to refer the investigative papers to the competent military court.
First: it may not be arrested or detained on a military except in those cases where the law so equipped.
Second it is not permitted to implement the arrest warrant on the officer or his arrest in the case of committing a felony remarkable only after obtaining the approval of the Commander in Chief of the Armed Forces or his nominee.
Third-a- are not taken to implement the arrest warrant issued against the military or summoned to appear before the competent courts furthest obtaining the approval of the Minister of Defense or his nominee and the Minister or his nominee postpone the execution of an arrest warrant based on reasonable grounds.
The Minister not to approve the implementation of the arrest warrant issued against the military or submit it to the competent courts if the act was committed by an emerging military from carrying out his duties or because of them, according to the recommendations of the investigative board that forms for this purpose.
IV ordered includes the arrest of military Althelaths, surname and identity name and descriptions that were known and place of residence and the name of his unit and compile and type assigned to him the crime legal provision applicable to them and the history of it and the signature of the issued and seal the court or unit Albeefah formed by the Council investigative.
V. be ordered to take effect across Iraq arrested and enforceable both face him and members of the judicial police and led astray in effect until it is executed or canceled by the authority issuing.
VI must military information required to track him down on the arrest warrant issued against him and the charge assigned to him.
VII delivers military arrest warrant issued against him to the nearest covert military or military discipline and unity through  seventy-two hours.
VIII stripped the military arrested legally arms carried by and delivered to the body that issued the arrest.
First: Assri stop in one of the following cases:
A. If the investigation relating to an offense punishable by imprisonment for a term exceeding  for three years.
(B) if there is reason to fear that the military escape or hide or teach his partners in crime or coercing witnesses to the crime of perjury.
(C) if the crime is committed against morality and public morality crimes.
Second in the case of military detention or arrest must be informed of the reason for his arrest or capture it through  twenty-four hours and must which handed over to the commander of his unit while providing a full report on the cause of arrest and can not be said for his arrest for the said period exceeding aforesaid only if prevented conditions Taip require it to be less than the bug  seventy-two hour and the commander of the unit to release him that was not covered by the provisions of paragraphs [a] and and [c] of the item [first] of this article.
First: on the order of military discipline arrest the officers and ranks if there is an order issued by a court of competent jurisdiction or any authorized military Reference legally be arrested if they commit a crime or memorable or fled after their arrest.
Second to the order of military discipline arrest Baderb immediately if Artkpo presence misdemeanor or found the secret of the case against them or found all the reasons to believe that they Artkpo a crime punishable by imprisonment for a term of one year and be deported to their units in a period not to exceed 24 hours.
III (a) to the order of the unit or rank top or the director of the department to order the arrest of the military, which under his command pending investigation.
(B) If the required military detention officer must obtain the approval of the defense minister on his arrest after the submission of a full report on the cause of Tqifa.
IV every soldier captured military committed an offense if it memorable and handed over to the nearest military authority for submission to the order and unity.
First: Being in the military Takiv situation and must remove him from the prisoners whenever possible and should be withdrawn from his military job for the duration of his detention as soon as an order to arrest.
Second applied against the suspended disproportionate treatment with void envisaged arrest, according to what is written in the arrest warrant.
III of Reserve if they did not write down how his arrest that carries special hobbies such as writing and reading in the position generally commensurate Mo rank and allowed him to walk in the times that are known and within certain limits and not allow him to attend the public meetings.
IV should wear full military Ksute suspended during times of working hours.
V. suspended the officer who sees that his arrest was obtained unlawfully or abuse him or not, it Incefh arrest to present his case on the legal Advocate in the band and it ordering a probe and decide on the case within a period not to exceed  seven days.
VI may be in agreement with the police and local military deposit in their positions Shahu settings lacking proper position in the military unit.
First: Subject to the provisions of Article  of the Act may be military detention for a period not exceeding bug  three days if an officer for a period of not more than  seven days if he was deputy officer or non-commissioned officer for a period of not more than  days if a soldier the missionary must conduct the investigation into the charge assigned to him if deposited arrest.
Second: If the deadline specified period of detention provided for in item [first] of this article by the end of the investigation Velslth investigation to ask the Legal Advocate extend the detention period for once and must be during this period to end the investigation and decide on the fate of the suspended either his release or his condition to Albeefah Court In the case of filing the case to the military court ordered the extension of detention or release way back to the Court mentioned.
III if necessary the extension of detention for more than the periods set forth in items [first] and [II] of this article because of the ambiguity of the case or for their complete evidence, Velslth investigation Securities Depository investigative to the competent Military Court to determine whether there is any need had to continue to arrest and this court Maigtadha to decide whether to extend the detention for two or appointed by the release of the detainee.
First - may be evacuated from the military for arrest on the orders of the authority that ordered the arrest or investigative authority, which conducted the investigation with him.
Second, taking into account the provisions of subsection [first] of this article feels army chief of staff and commander of the division or brigade is at the release of the arrest of the officer for information only.
First: if it appears to the authority of the investigation for some reason the inspection elderly Alasamara or disclosure it may help to find the document or money prejudice to the crime, it has to aggregated a court order to inspect the competent court of inquiry and be inspected under the supervision of the judge and in accordance with the provisions of the Code of Criminal Procedure No.  1971.
Second: if it appears to the military court for a reason to inspect military housing or disclosure it may help the investigation to find the document or money prejudice crime it may issue an order for judicial inspection and be inspected in accordance with what is stipulated in item [first] of this article shall be appointed Court one of its members to participate in it, and member of the Court adjust request any document or anything else than what is required and benefit from it in the investigation.
The jurisdiction of military courts
Commandant disciple Court
First : the commander of setting each with a military rank authorized by law penal authority and has to bepunished both under his command within the scope of the criminal authority set forth in the table attached tothis law.
Second - The Director - General of the General Directorate of the commander of adjusting to punish military personnel who are under his command from the rank of lieutenant colonel or below.
III of the Secretary of defense or his nominee punish officers from the rank of colonel and above.
IV agent , commander of the unit to use the authority of the commander of the unit inherent in his absence.
V. the inspectors army commanders adjust to army troops when they searched.
VI . if the transfer of the committed a disciple crimes to another unit shall be the commander of the new unit is setup to take legal action against him.
Article 27 include seizure crimes irregularities and acts stipulated in Article 78 of the military Penal Code No. 19 of 2007.
Article 28 of
people who have tried before disciple commander are both: -
First : military
Second : those who serve in the army or from Kano in the Iraqi army emergency for any reason and the image of a time, a
third - of prisoners of war
First : conducted summary of the commander of the competent disciple of the trial or the nearest authorized thecommander of authority criminal under the Schedule to this law.
Second to the order setting the highest rank that under his command the commander of the unit accused a summary trial in one of the following: - cases (
a) if the crime took place openly in front of catching
B. if the crime is an insult to the dignity of a military commander. (
c ) if the width it ordered the defendant to determine the punishment. (
d ) if the act was signed by multiple people belong to units under his command. (
e ) if aware of the commander of setting the lowest rank of him to act and did not punish him.
Article 30 for
each of the commanders of adjustment set forth in rank according to the Schedule to this law the use of penal authority taking into account the Mayati: -
First : it is not permitted for anyone who is without captain rank punish the officer , who under his command.
Second is not permitted to punish those who had the rank of colonel or Dean , but the commander of Berthier brigade and above , or from authorized punitive power of the rank of the leaders of the corps, teams and managers Alsnov.
III is not permitted to punish those who had the rank of brigade or a team or a general officer of Baquba , areprimand , but the Minister of defense.
IV includes the penalty of deprivation of the weekend deputies officers and non - commissioned officers, soldiers and students of military schools and colleges.
First : summary trial taking place in front of the commander of adjustment according to the following : - (
a) set a trial date if the commander disciple decided to prosecute the accused. (
b ) attends the accused in the designated day of the trial with a single prescriptive and understand summary of the charge assigned to him for questioning it.
c - calls the commander disciple complainant or informer or prosecutor the right personal or witnesses and listening to their testimony It has to re - questioning or listen to any other certificate. (
e ) an order setting the closure of the complaint and the release of the accused if it appears that the evidence provided is insufficient for a conviction, the defendant was not suspended or Ahbusa for another reason. (
f ) an order setting sentencing appropriate within the scope of his authority criminal if it is shown that the act assigned to the accused is a crime of settings crimes.
G. commander seizure issue its decision to refer the case to the commander of the disciple Bidder if it emerged that the act assigned to the accused deserved the harshest punishment out of the penal authority or that his crime is not n disciple crimes.
h - an order setting the highest rank taken after the papers referred to scrutiny of its commanding setting thefollowing procedures: -
1. sentencing according to the criminal authority.
2. to refer the accused to the competent military court if the validity of his assignment or forwarded to thecommander of the highest rank tuning it.
Second holds a commanding setting a record of crimes exactly the model that determines the instructions issued by the Minister of defense.
III holds a commanding tuning after Report sentenced.
IV may object to the judgment of the commander of the settings in the following: cases
A. if convicted object to it through  seven the days of the verdict issued against him in front of thecommander adjust the top - ranked , who handed down the sentence he may amend both the verdict or replaced or canceled. (
b ) whether the sentence is true or issued by the commander is not authorized to rule Flammer disciple highest ranking switch punishment or lifting.
V. Minister defense or his nominee to grant any of the commanders of setting any authority penal belong torank higher than the rank of use to those who are under his command and has withdrawn any criminal authority or identified.
First : the commander in chief of the armed forces and Minister of defense commanders adjust to employees of the armed forces.
Second the commander in chief of the armed forces and Minister of defense and ordered seizure issue adecision to the military to include based on the Council 's investigative decision or the investigating officer if he did has led to damage to public property yield of the armed forces in addition to disciplinary punishment imposed within the legal powers and according to the following: that (
a) the commander in chief of the armed forces for no longer than  two million dinars. (
b ) Secretary of defense for no longer than  million seven hundred and fifty thousand dinars.
C. Legion commander or is his job for no longer than  one million five hundred thousand dinars.
d division commander or Hubmnsbh for no longer than  million dinars. (
e ) the commander of the formation or is his job for no longer than  seven hundred and fifty thousand dinars. (
f ) the commander of the unit or from Hubmnsbh for no longer than [500,000] five hundred thousand dinars.
First : the military court of the president of not less than the rank of colonel human rights and has the legal service of not less than  Twelve years and two members of not less than the rank of any of them for my rights provider and a member of a reserve of not less than the rank of a leading human rights.
Second is required in both prime and organic Court Mayati : (
a) make it clear convicted of a felony or misdemeanor involving moral turpitude. (
b ) that there was no evidence of war crimes or acts involving the violation of human rights. (
c ) make it clear that is covered by the law of the justice and accountability No.  for the year 2008 (
d ) must be of good reputation and behavior.
First : circle the name of the prosecutor associated all pose prosecutors administratively and technically.
Second : the public prosecutor general right to human rights officer to attend hearings and provide readings and applications and legal defenses.
III presents the military Prosecutor to appeal the verdicts to the military Court of Cassation and the legal Advocate send the case to the enhanced court perusal.
IV requires the military prosecutor conditions set forth in item availability [Second] of Article 33 of this law.
First : form a circle called the [legal department] linked to the Minister of Defence and associated the number of districts and military courts.
Second heads the department set forth in item [first] a human rights officer for not less than the rank of Dean holds a university degree previews least has experience in the field of work for less than  fifteen years and are appointed according to the law.
branch the third
joint investigative committee
First : the Minister of defense investigative committee jointly headed a human rights officer for not less than therank of colonel in the army and the membership of representatives from the interior ministry and security services other to investigate the issues that occur between the employees of those entities referred by the Secretary of defense or his nominee .
Second : the joint investigative Committee to investigate the issues that deposited them parties represented in the committee and have this committee the powers and functions of the Council 's investigative stipulated in this law , and it may decide to refer any case to the competent investigating judge if you find it's Ataatalq job.
III with the exception of decisions taken to refer the case to the competent examining magistrate Commission sends its decisions to the legal Department of the Ministry of affiliation of the accused in turn refer the case to the competent court.
IV sent the decisions of the joint investigative committee to Mahmh military discrimination through  thirty days from the date of issuance of the decision.
military Court of Cassation
First : make up the orders of the Secretary of defense military Court of Cassation as follows: - (
a) the President of the Court of not less than the rank of brigade my rights. (
b ) two vice presidents of not less than the rank of any of them for the Dean of human rights and has the legal service or court of not less than [12 ] twelve years. (
c )  eight indigenous members and two reserve jurists officers of not less than the rank of any of them from the colonel who have a legal service or court of not less than  ten years.
Second pose in the military Court of Cassation decision of the President of the Court bodies the following: (
a) the body was the first specialized and would consider the verdicts and decisions of military courts inaccordance with the provisions of the military Penal Code No. 19 of 2007.
b- specialized second body and shall consider the judgments and decisions of military courts in accordance with the other provisions of the penal laws.
c . specialized third body and shall consider the decisions issued by the Althakiqh joint Committee.
III hold any of the bodies provided for in item [Second] of this article , by order of the President of the Court presidency of the Vice President and the membership of two members of the court and its decisions shall be byagreement or by majority.
IV-a - quorum Aakad General Authority for military Court of Cassation in the presence of President of the Court and the membership of the Vice President and members of the indigenous completed. (
b ) General Authority shall take its decisions by agreement or by majority in the following cases:
2. issues that disputed the views of specialized Alaaih.
3. the re - trial issues .
4. the issues that the President of the Court decided presentation to the General Assembly.
section II to
refer the case to the military court
First : the commander in chief of the armed forces or the defense minister or army chief of staff or his associates or the General Counsel or authorized by any of them to refer the accused to court military competent if it determines that there is sufficient evidence to refer the charges against him.
Second commander of land forces, sea or air , or the corps commander or the band or is Bmansbhm or authorized by any of them to refer the accused to the competent military court for trial if it determines that sufficient evidence for transmission of the The charge against him.
Third is the leaders of leaders My assignment near the military unit of the military courts or his nominee and the defense minister.
IV attached to the case papers the following: (
a) is an assignment to the military court and must include the identity of the accused and the name of thePresident of the military Court and the names of its two members and the Prosecutor General military.
Securities investigative received from police departments or other agencies Althakiqh b. (
c ) adjusting the accused and his nickname table that he was a soldier or noncommissioned officer or deputy officer line service if an officer. (
d ) List receivables defendant contained a detailed statement of the government resulting from the debt. (
e ) the charge sheet that must be where assigned to the accused legal provision applicable to them the crime and the date of their occurrence gradation and its conclusion to be signed is an assignment or his nominee. (
f ) All investigative evidence relating to the military crime of which he was accused of committing.
V. given a copy of the Securities investigative to the unity of the accused to see them and provide him with acopy of it.
checks president of the military court ordered the assignment and accompanying papers do when they come tohim van and found her full appointed day trial through  seven days in misdemeanor cases and through  fifteen days in criminal proceedings from the date of receipt of the papers investigative and tell the members of the Court and the small intestine the persons required to be present and that it found deficiencies investigative he should bring it back to its reference to supplement those deficiencies.
of the ICON chairman, member or public prosecutor in the court martial of both
First : affected by crime or a financial benefit crime related to unforeseen.
second caller accused of crime or Palmtdharr relative Korba originally a branch or to the third division or was a nearly Srah them to the second division that was revealed.
III it to refer the accused to the military court or investigation based on his guilt or which report crime on theaccused.
IV witness or expert testimony in a lawsuit audience and all those who expressed a legal opinion written in court papers.
the fourth chapter
general rules of
of the accused and the injured from the crime to appoint a lawyer to defend him before the military court and if it were not for the accused ability to hire a lawyer based military court assignment of a lawyer in criminal offenses, and determine his fees according to what is stipulated in the Code of Criminal Procedure No. 23 of 1971 amended and not the court the right to direct trial proceedings before attending lawyer Director.
First : be trials in military courts in public is that they may decide to hold trials or some of them in secret to one of the reasons the following: (
a) if the crime is related to morality and morals. (
b ) the maintenance of public security. (
h ) if there was Maidao to damage the military department.
Second is not permitted to attend to is the lowest rank of the accused to a public trial Alma had a connection with them and the President of the Court to take it out of the courtroom for reasons disciplinary.
III President of the Court that comes out of the courtroom , each of prejudice adjusts the session has to prevent the presence of both have not completed the age of  age of fifteen years.
record of the hearing and management
set the hearing and management also depends on the President of the Court.
First : the military court that take legal action against all the military came act or uttered the words that would affect the dignity of the court or insult a member of bench after record his testimony and install located in Minutes sends it to the nearest unit of military police for taking him to his unit to initiate investigation.
Second , if the perpetrator is provided in item [first] of this article is a military court to decide forwarded Mkhvora to the competent court of inquiry with a report on the incident.
is writing minutes of meetings in military court clerk tuning.
upon the formation of the court sitting president in the center and on the right hand oldest members rank and to the left of the other member and the sitting prosecutor and lawyer in the custom of each place.
First : begin the trial after bringing the accused and recording identity and recite the President of the Court ordered the assignment and then the accused asked whether he has an objection to the court Van replied in thenegative ask him a statement the lawyer who has represented before the court in the absence of the agency attorney counting capability court shall appoint an attorney to him in criminal cases shall defend it and bear thestate treasury his fees in accordance with the provisions of this law and then begins the trial.
Second in the case of objection of the accused on the court for him to show caused if achieved where one of the cases of post provided for in Article 41 of this law , the court shall write it down in the record and ask the commander of the assignment replace the desired response, otherwise it shall be inserted the reasons for non -acceptance of post and continue in the trial.
III proceed with the chief judge read out the charges to the accused and for a briefing note out and clarify to him if admitted accused of the charge assigned him write down his confession in the charge sheet and the Court on the basis of this recognition , and when there is other evidence to support it and after they realized that theaccused is estimated as a result of his confession, issue its ruling the conviction and if the offense for which tried them punishable by death or life imprisonment should be on Court boost recognition with evidence or evidence make it conform to recognize the reality in the absence of the defendant 's recognition or failure esteem court by his own admission reasons write it down in the record or not formulated a boost, the court willproceed to prosecute.
IV military Prosecutor General shall submit a statement with a summary case and the evidence which it isbased , and if there was a prosecutor right Profile called to the court to record his words.
First : when you begin obeying the testimony of witnesses ask the witness about his name and his reputation and his career, age, place of residence and its relationship to the litigants and to swear oath in accordance with the following formula: - [God Almighty I testify honesty and Aacol not right.
Second lead The witness testified orally and Atjoz boycott during her performance , and if unable to speak fixed bug medical report authorize him to the Court have his testimony and the Court be directed to him that you see from the questions necessary for the emergence of the truth and the claim of the public prosecutor and theaccused and his agent the right to discuss the witness and guide the questions necessary to show the truth and clarifications.
III must keep the witness during the hearing , another witness and may be counter watched the last in the line of the certificate.
IV need to install the certificate on the facts that can witness apprehensive in one of his senses.
V. the court may order a recitation certificate already made by the witness during the preliminary investigation or in another court and , if claimed he to Aatzkr the facts of the incident Waltz in which all saw , or some ofthem or if he varied his testimony before the court with the former his words and for the court and to the parties and their agents discussed in all of it.
VI of the court to hear the testimony of any person to attend in front of his own to give his input and have to cost any person to appear before it for the performance of his testimony if he considered the testimony productive in revealing the truth. [/ltr]