If a soldier commits a crime, do they always face a military trial?

According to Article 2, Paragraph 1 of the Military Court Act, it provides that jurisdiction for military trials extends to crimes committed by soldiers, military civilian employees, students of military schools who hold military registration, officer and non-commissioned officer candidates, reservists, and supplementary service personnel, among others.

However, notwithstanding the above provision, the ordinary courts have jurisdiction over the crimes falling under each of the following subparagraphs and over crimes that are in a concurrent-offense relationship with them.

For (1) sexual violence crimes, (2) crimes related to the death of a soldier or the like, and (3) crimes committed by a soldier or the like before acquiring that status, jurisdiction is excluded from the military courts so that the ordinary courts exercise jurisdiction.

These exceptional provisions involve legal complexity and mean that the jurisdiction of the military courts and the civilian courts may differ depending on the nature of the case.

Therefore, in order to accurately understand the military trial procedure and to respond to the case in a systematic manner, it is advantageous to seek advice from an attorney with extensive experience in military cases.

By receiving the assistance of a legal expert, it is advisable to clearly identify the legal issues and, on that basis, respond to the case in a systematic manner.