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Military trial attorney, please answer. What are the procedures for a military criminal lawsuit and a military trial?
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Hello, I became involved in a military criminal case during my military service, and I am very flustered and worried right now. While being investigated, I became curious about how a lawsuit or a military trial procedure proceeds. It seems it will be different from an ordinary criminal case… I wonder how it is handled in a military court… I am so scared right now that I cannot even sleep properly. Military trial attorney, I would appreciate a quick answer!
military trial attorney
military criminal case
Answer to Related Inquiry
Author: 박동일
Hello, this is a military trial attorney. A military trial largely proceeds through the following stages.
1. Occurrence and reporting of the incident : when the victim or a witness of an incident that occurred in the military reports it, the military police become aware of it and give notice of an investigation.
2. Military police investigation : the military police conduct a thorough investigation of the incident.
3. Military prosecution investigation : the military prosecution decides whether to indict through a thorough investigation.
4. Military court hearing : if the military prosecution has issued an indictment, the military trial begins.
5. Judgment and punishment : the military court renders a judgment under the Military Criminal Act and imposes punishment on the defendant.
A military court is usually established at the Ministry of National Defense, the headquarters of each armed service, and units commanded by a general-grade officer under the organizational structure (division, corps, army command).
It has military jurisdiction over service members, civilian military employees, cadets, officer candidates, and reservists who are in service or mobilized.
A military trial differs from an ordinary trial in its procedures and rules, so careful attention is required. Because specialized knowledge of special statutes, such as the Military Criminal Act and the Military Court Act, is required, obtaining the assistance of an attorney with relevant expertise is very important.
Please note that it is advisable to thoroughly protect your rights and minimize disadvantages through the systematic response strategy of a military trial attorney.
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