-Standard Military Code of Justice Act of 558AER-

==Preamble==
Mr. Speaker, I would like to use this opportunity to shine the light of scrutiny on a massive issue of our justice system. As it stands, no efforts have been made for the standardisation of the military penal process or to an even lesser degree, the drafting of guidelines for military justice. With the dust of the Great War still settleing over Falleentium and the world, and now a pseudo-Cold War with the rise of Communism with the Red Federation as it's standard-beared and the apparent inevitability of proxy-conflicts across the world to prevent the violent and undemocratic communist coups, it is of essence for the military to have an uniform code which will dictate disciplinary and criminal procedures in the armed forces. Continuation of current practices can lead to widespread corruption in the military judicial system and thus must be addressed with haste.
- Albert Rivera, UKIP MP
==Standard Military Code of Justice Act 558AER==
Be it enacted by the Emperor's most Excellent Majesty, Vinther III, by and with the advice and consent of the Chamber of Deputies and the Imperial Senate, in this present Parliament assembled, and by the authority of the same, as follows: 
The establishment of a standard military code of justice for the Falleen Armed Forces
==CHAPTER I.==
==SUBCHAPTER I. GENERAL PROVISIONS==
===Section I. DESCRIPTION OF THE ACT===
An Act to implement a Standard Military Code of Justice (SMCJ) which would serve as cornerstone for all matters relating to the judiciary process in the Falleen Armed Forces.
===Section II. DEFINITIONS===
(1) "Officer in Charge" means a member of the Navy, the Marines, or the Coast Guard designated as such by appropriate authority.
(2) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an interest in the prosecution of the accused.
(3) "Military judge" means an official of a general or special court-martial.
(4) "Record", when used in connection with the proceedings of a court-martial means--
*(a) an official written transcript, written summary, or other writing relating to the proceedings: or
*(b) an official audiotape, videotape, or similar material from which sound and visual images, depicting the proceedings may be reproduced.
===Section III. PERSONS SUBJECT TO THIS CHAPTER===
(1) The following persons are subject to this chapter.
*(a) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.
*(b) Members of a reserve component while on inactive-duty training, but in the case of members of any National Guards of the Federal States
*(c) Retired members of a regular component of the armed forces who are entitled to pay.
*(d) Retired members of a reserve component who are receiving hospitalisation from an armed force.
*(e) Members of the Fleet Reserve and Fleet Marine Reserve.
*(f) Persons in custody of the armed forces serving a sentence imposed by a court-martial.
*(g) Prisoners of war in custody of the armed forces.
*(h) In time of war, persons serving with or accompanying an armed force in the field.
(2) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (1) and change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
(3) Notwithstanding any other provision of law, a person serving with an armed force who--
*(a) Submitted voluntarily to military authority;
*(b) met the mental competence and minimum age qualifications at the time of voluntary submissions to military authority;
*(c) received military pay or allowances; and
*(d) performed military duties.
(4) A member of a reserve component who is not on active duty and who is made the subject of proceeding with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of--
*(a) investigation for a charge under this chapter;
*(b) trial by court-martial; 
*(c) non judicial punishment under section V of this chapter.
===Section IV. JURISDICTION TO TRY CERTAIN PERSONNEL===
(1) No person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the Falleen Empire or of a State, or a Colony, may be relieved from amenability to trial by court-martial by reason of the termination of that status.
(2) No person who has deserted from the armed forces may be relieved form amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.
===Section V. TERRITORIAL APPLICABILITY OF THIS CHAPTER===
(1) This chapter applies in all places. The SMCJ may be enforced anywhere in the world by the Armed Forces upon it's members.
===Section VI. JUDGE ADVOCATES AND LEGAL OFFICERS===
(1) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocate of the Marines shall be made by direction of the Commandant of the Marines. The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
(2) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.
==SUBCHAPTER II. APPREHENSION AND RESTRAINT==
===Section VII. PROVISIONS AS TO APPREHENSION AND RESTRAINT===
(1) Apprehension is the taking of a person into custody.
*(a) Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(2) Any civil officer having authority to apprehend offenders may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
(3) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
*(a) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. 
*(b) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer.
*(c) No person may be ordered into arrest or confinement except for probable cause.
==SUBCHAPTER III. NON-JUDICIAL PUNISHMENT==
===Section VIII. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT===
(1) Any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--
*(a) upon officers of his command--
#- restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
#- arrest in quarters for not more than 30 consecutive days;
#- forfeiture of not more than one-half of one month's pay per month for two months;
*(b) upon other personnel of his command-- 
#- if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
#- correctional custody for not more than seven/thirty consecutive days;
#- forfeiture of not more than seven/fourteen days' pay;
#- reduction to the next inferior pay grade;
#- extra duties, including fatigue or other duties, for not more than fourteen/fourty-five consecutive days;
==SUBCHAPTER IV. COURT MARTIAL JURISDICTION==
===SECTION IX. TYPES OF COURT-MARTIALS===
The three kinds of courts-martial in each of the armed forces are--
(1) general courts-martial, consisting of a military judge and not less than five members;
(2) special courts-martial, consisting of not less than three members
(3) summary courts-martial, consisting of one commissioned officer.
===SECTION X. JURISDICTIONS OF COURT-MARTIALS===
(1) A general court-martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court-martial members. In a general court-martial, punishment may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment. A general court-martial is the only forum that may adjudge a sentence to death. An accused before a general court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
(2) Regardless of the offenses involved, a special court-martial sentence is limited to no more than forfeiture of two-thirds basic pay per month for one year, and additionally for enlisted personnel, one year confinement (or a lesser amount if the offenses have a lower maximum), and/or a bad-conduct discharge. An accused before a special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
(3) Trial by summary court-martial provides a simple procedure for resolution of charges of relatively minor misconduct committed by enlisted members of the military. Officers may not be tried by summary court-martial. The enlisted accused must consent to be tried by summary court-martial, and if consent is not provided then the command may dispose of the allegation through other means, including directing that the case be tried before a special or general court-martial. The summary court-martial consists of one individual, who is not a military attorney, but still functions as judge and acts as the sole finder of fact. The maximum punishment at a summary court-martial varies with the accused's paygrade and punishment may range to temporary confinent, reduction of paygrade and forfeiture of pay. An accused before a summary court-martial is not entitled to receive legal representation from military defense counsel.
==SUBCHAPTER V. COMPOSITION OF COURTS-MARTIAL==
===Section XI. WHO MAY CONVENE AND SERVE COURTS-MARTIAL===
(1) General courts-martial may be convened by--
*(a) the Imperial Chancellor
*(b) the Imperial Office
*(c) the Secretary of Defense
*(d) the commanding officer of an Army Group, an Army, an Army Corps, a division or a brigade
*(e) the commander-in-chief of a fleet
*(f) the commanding officer of an air command, an air force or an air division
*(g) any commanding officer of the armed forces empowered by the Imperial Chancellor
(2) Special courts-martial may be convened by--
*(a) any person who may convence such a court-martial
*(b) the commanding officer of a district, garrison, fort, camp, station, Air Force base, or other place where members of the Army or Air Force are on duty;
*(c) the commanding officer of a brigade, regiment or detached batallion.
*(d) the commanding officer of a wing, group or separate squadron of the Air Force.
*(e) the commanding officer of any naval or Coast Guard vessel, shipyard, or station; the commanding officer of any Marine brigade, regiment, detached battalion;
(3) Special courts-martial may be convened by--
*(a) any person who may convene a general or special court-martial;
*(b) the commanding officer of a detached company other detachment of the Army;
*(c) the commanding officer of a detached squadron or other detachment of the Air Force.
(4) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(5) Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
(6) When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to him in rank or grade.
===Section XII. MILITARY JUDGE OF A GENERAL OR SPECIAL COURT-MARTIAL===
(1) A military judge shall be detailed to each general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member of. 
==SUBCHAPTER VI. PRE-TRIAL PROCEDURE==
===Section XIII. CHARGES AND SPECIFICATIONS===
(1) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state--
*(a) that the signer has personal knowledge of, or has investigated, the matters set forth therein; and
*(b) that they are true in fact to the best of his knowledge and belief.
===Section XIV. COMPULSORY SELF-INCRIMINATION PROHIBITED===
(1) No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
(2) No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(3) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.
(4) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
===Section XV. INVESTIGATION===
(1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. 
(2) The accused shall be advised of the charges against him and of his right to be represented at that investigation.
===Section XVI. FORWARDING OF CHARGES===
(1) When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court martial jurisdiction.
==SUBCHAPTER VII. TRIAL PROCEDURE==
===Section XVII. IMPERIAL CHANCELLOR MAY PRESCRIBE RULES===
(1) Pretrial, trial, and post trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the Imperial Chancellor by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in Falleen military courts, but which may not be contrary to or inconsistent with this chapter.
===Section XVIII. UNLAWFULLY INFLUENCING ACTION OF COURT===
(1) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case.
===Section IXX. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL===
(1) The trial counsel of a general or special court-martial shall prosecute in the name of the Empire of Falleentium, and shall, under the direction of the court, prepare the record of the proceedings.
(2) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation by military counsel which may be composed of members of his own selection.
(3) The accused may be represented by civilian counsel if provided by him.
*(a) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph shall act as associate counsel unless excused at the request of the accused.
===Section XX. SESSIONS===
(1) At any time after the service of charges which have been referred for trial by court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for the purpose of--
*(a) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
*(b) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
*(c) These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
*(d) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
===Section XXI. CHALLENGES===
(1) The military judge and members of a general or special court- martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or if none, the court, shall determine the relevance and validity of the challenges for cause, and may not receive a challenge to more than one person at a time.
===Section XXII. OATHS===
(1) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.
===Section XXIII. STATUTE OF LIMITATIONS===
(1) A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried at any time without limitation.
(2) A person charged with an offense is not liable to be punished if the offense was committed more than two years before the imposition of punishment.
*(a) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section
*(b) Periods in which the accused was absent from territory in which the Falleen Empire has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
===Section XXIV. PLEAS OF THE ACCUSE===
(1) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
===Section XXV. OPPORTUNITY TO OBTAIN WITNESSESS AND OTHER EVIDENCE===
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Imperial Chancellor may prescribe.
===Section XXVI. REFUSAL TO APPEAR OR TESTIFY===
(1) Any person not subject to this who--
*(a) has been dully subpoenaed to appear as a witness before a court- martial, military commission, court of inquiry, or any other military court or board;
*(b) has been dully paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the court;
*(c) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
*(d) is guilty of an offense against the Falleen Empire
(2) Any person who commits an offense named in subsection (1) shall be tried in a civil court. Upon conviction, such person shall be punished by a fine of not more than 500 Fall, or imprisonment for not more than six months, or both.
===Section XXVII. DEFENSE OF LACK OF MENTAL RESPONSIBILITY===
(1) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a sever mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
(2) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
===Section XXVIII. VOTING AND RULINGS===
(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot.
(2) The military judge of a court-martial shall ruse upon all questions of law arising during the proceedings. Any such ruling made by the military judge upon any question of lay other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote.
(3) No person may be sentenced to suffer death, except by the concurrence of all the members of the court-martial present at the time the vote is taken and for an offense in this chapter expressly made punishable by death.
(4) No person may be convicted of any other offense without concurrence of two-thirds of the members present at the time the vote is taken.
(5) No person may be sentenced by life imprisonment or to confinement for more than ten years, except by the concurrence of three-fourths of the members at the time the vote is taken.
(6) All other sentences shall be determined by the concurrence of two- thirds of the members at the time the vote is taken.
==SUBCHAPTER VIII. SENTENCES==
===Section IXXX. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED===
(1) Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
===Section XXX. EFFECTIVE DATE OF SENTENCES===
(1) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(2) All other sentences of courts-martial are effective on the date ordered executed.
===Section XXXI. EXECUTION AND CONFINEMENT===
(1) Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the Falleen Empire, or which the Falleen Empire may be allowed to use.
==SUBCHAPTER IX. POST-TRIAL PROCEDURE AND REVIEW==
===Section XXXII. SUSPENSION OF SENTENCES===
(1) If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the Imperial Chancellor. In such a case, the IC may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. That part of the sentence providing for the death may not be suspended.
(2) If a sentence extends to death, dismissal, or dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings
===Section XXXIII. PETITION FOR A NEW TRIAL===
(1) At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.
===Section XXXIV. FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES===
(1) The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts- martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive.
Category:The Institute of Laws and Regulations