Statutes of the Republic of Korea

No. 17367
Promulgation Date 2020-06-09
Ministry of National Defense

ALL

PART I MILITARY COURT AND MILITARY PROSECUTORS’ OFFICE

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Jurisdiction according to Status)

Article 3 (Other Jurisdictions)

Article 3-2 (Application for Adjudication concerning Dispute over Jurisdiction)

Article 3-3 (Trial of Adjudication concerning Dispute over Jurisdiction)

Article 3-4 (Submission of Opinion by Prosecutor General)

Article 3-5 (Delivery, etc. of Adjudication Documents)

Article 3-6 (Validity of Litigation before Application for Adjudication)

Article 3-7 (Disposition on Detention of Defendants)

Article 4 (Power of Supreme Court to Establish Rules)

CHAPTER II ESTABLISHMENT AND JURISDICTION OF MILITARY COURTS

Article 5 (Types of Military Courts)

Article 6 (Establishment of Military Courts)

Article 7 (Convening Authority of Military Courts)

Article 8 (Power of Convening Authority)

Article 9 (Matters to be Judged by Supreme Court)

Article 10 (Matters to be Judged by High Military Court)

Article 11 (Matters to be Judged by General Military Courts)

Article 12 (Jurisdiction over Areas under Martial Law)

Article 13 (Consolidation of Jurisdiction and Exception thereto)

Article 14 (Transfer of Related Cases)

Article 15 (Consolidated Trial of Related Cases)

Article 16 (Definition of Related Cases)

Article 17 (Concurrent Jurisdiction)

Article 18 (Effect of Changes in Grounds for Ruling on Jurisdiction)

Article 19 (Application for Transfer of Jurisdiction)

Article 20 (Infringement of Jurisdiction and Effect of Litigation)

CHAPTER III JUDGING ORGANIZATION AND STAFF OF MILITARY COURT

Article 21 (Independence of Military Judicial Officers)

Article 22 (Composition of Military Courts)

Article 23 (Appointment and Attachment of Military Judges)

Article 24 (Appointment and Qualifications of Adjudicators)

Article 25 (Designation of Judges)

Article 26 (Judges of General Military Courts)

Article 27 (Judges of High Military Court)

Article 27-2 (Definition of “Cases Designated by the Convening Authority”)

Article 28 (Ranks of Judges)

Article 29 (Changes in Status of Defendants and Ranks of Judges)

Article 30 (Appeals, etc. and Ranks of Presiding Judges)

Article 31 (Staff)

Article 32 (Clerks)

Article 33 (Courtroom Soldiers)

Article 34 (Interpreters)

Article 35 (Technicians)

CHAPTER IV PROSECUTION ORGANIZATIONS

Article 36 (Military Prosecutors’ Offices)

Article 37 (Duties of Military Prosecutors)

Article 38 (Direction and Supervision of Military Prosecution Duties by Minister of National Defense)

Article 39 (Direction and Supervision of Military Prosecution Duties by Chief of Staff of Each Military Branch)

Article 40 (Direction and Supervision of Military Prosecution Duties by Heads of Units in which Military Prosecutors’ Office Is Established)

Article 41 (Appointment of Military Prosecutors)

Article 42 (Performance of Military Prosecutor’s Duties by Proxy)

Article 43 (Military Judicial Police Officers)

Article 44 (Limits of Investigation of Military Judicial Police Officers)

Article 45 (Military Judicial Police Officers and Orders of Superior Officers)

Article 46 (Assistant Military Judicial Police Officers)

Article 47 (Staff and Duties of Military Prosecutors’ Office)

PART II JUDICIAL PROCEEDINGS

CHAPTER I GENERAL PROVISIONS

Section 1 Exclusion, Challenge and Abstention

Article 48 (Grounds of Exclusion)

Article 49 (Grounds of Challenge and Persons Eligible therefor)

Article 50 Deleted.

Article 51 (Jurisdiction over Motion for Challenge)

Article 52 (Dismissal and Handling of Motion for Challenge)

Article 53 (Trials on Motion for Challenge)

Article 54 (Motion for Challenge and Suspension of Litigation)

Article 55 (Dismissal of Motion for Challenge and Immediate Appeal)

Article 56 (Replacement of Judges)

Article 57 (Reasons, etc. for Abstention)

Article 58 (Exclusion, Challenge and Abstention of Clerks, etc.)

Section 2 Defense and Assistance

Article 59 (Persons Authorized to Appoint Defense Attorneys)

Article 60 (Qualifications for Defense Attorneys and Special Defense Attorneys)

Article 61 (Effects of Appointment of Defense Attorneys)

Article 61-2 (Representative Defense Attorney)

Article 62 (Public Defenders)

Article 63 (Interview, etc. with Defendants and Suspects)

Article 64 (Perusal or Duplication of Documents and Evidence)

Article 65 (Independent Litigation by Defense Attorneys)

Article 66 (Assistants)

Section 3 Trial

Article 67 (Opening Judgment to Public)

Article 67-2 (Places of Sessions)

Article 68 (Keeping Order at Courts)

Article 68-2 (Prohibition of Video Recording)

Article 68-3 (Request for Dispatch of Military Policemen)

Article 68-4 (Court-ordered Confinement, etc.)

Article 69 (Conference on Judgment)

Article 70 (Responsibility, etc. to State Opinions)

Article 71 (Criminal Minors)

Article 72 (Method of Court Records)

Article 73 (Reasons for Judgment)

Article 73-2 (Effect, etc. of Sentencing Criteria of the Supreme Court)

Article 74 (Necessary Entry in Court Records)

Article 75 (Signature, etc. in Written Decision)

Article 76 (Method of Pronouncement and Notification of Judgment)

Article 77 (Pronouncement and Notification of Judgment)

Article 78 (Cases Requesting Direction of Execution by Military Prosecutors)

Article 79 (Request for Certified Copy or Extract of Court Records, etc.)

Article 80 (Preparation of Certified Copy or Extract of Court Records, etc.)

Section 4 Documents

Article 81 (Non-Disclosure of Documents concerning Proceedings)

Article 82 (Method of Preparing Protocols)

Article 83 (Protocol of Evidence Inspection, etc.)

Article 84 (Necessary Entries in Various Protocols)

Article 85 (Necessary Entries in Trial Records)

Article 86 (Special Cases concerning Preparation of Trial Records)

Article 87 (Signature, etc. on Trial Records)

Article 87-2 (Adjustment, etc. of Trial Records)

Article 87-3 (Stenography, Audio Recording and Video Recording in Trial Courts)

Article 88 Deleted.

Article 88-2 (Defendants’ Right, etc. to Peruse, etc. Trial Records)

Article 89 (Probative Value of Trial Records)

Article 90 Deleted.

Article 91 (Putting Names and Seals, etc. when Public Officials Prepare Papers)

Article 92 (Preparation of Papers by Public Officials)

Article 93 (Preparation of Papers by Non Pubic Officials)

Article 93-2 (Perusal or Duplication of Records of Finalization of Trial)

Article 93-3 (Perusal and Copy of Judgment Document on Confirmation, etc.)

Section 5 Service of Documents

Article 94 (Service by Clerks)

Article 95 (Service by Mail)

Article 96 (Entrusting Service of Documents)

Article 97 (Service on Persons in Barracks, etc.)

Article 98 (Report for Service of Document)

Article 99 (Service on Military Prosecutors)

Article 100 (Cause of Service by Public Notice)

Article 101 (Method of Service by Public Notice)

Article 102 (Application Mutatis Mutandis of the Civil Procedure Act)

Section 6 Period

Article 103 (Computation of Period of Time)

Article 104 (Extension of Legal Period)

Section 7 Summons and Detention of Defendants

Article 105 (Summons)

Article 106 (Issuance of Writ of Summons)

Article 107 (Form of Summons)

Article 108 (Service of Summons)

Article 109 (Definition of Detention)

Article 110 (Grounds for Detention)

Article 111 (Effect of Custody)

Article 111-2 (Confinement after Taking Criminal Defendant into Custody)

Article 112 (Detention, Notification of Reasons therefor, etc.)

Article 112-2 (Commissioned Military Judge)

Article 113 (Issuance of Detention Warrant)

Article 114 (Form of Warrant of Detention)

Article 115 (Requisition of Detention)

Article 116 (Detention Procedures following Entrustment)

Article 117 (Order to Attend or Travel Together)

Article 118 (Emergency Disposition)

Article 119 (Execution of Warrant of Detention)

Article 120 (Preparation of Several Copies of Detention Warrant)

Article 121 (Execution of Warrants of Detention outside Jurisdiction and Entrustment thereof)

Article 122 (Entrustment to Chief Public Prosecutor with Investigation, etc.)

Article 123 (Procedures for Execution of Detention Warrant)

Article 124 (Procedures for Execution of Warrant on Persons in Barracks, etc.)

Article 125 (Temporary Custody During Escort)

Article 126 (Transfer of Defendants to Other Prisons)

Article 127 (Notice of Detention)

Article 128 (Detention and Notice of Facts Charged, etc.)

Article 129 (Interview, etc. with Detained Defendants)

Article 130 (Application for Defense Counsel)

Article 131 (Restriction on Interview, etc. with Persons other than Defense Attorney)

Article 132 (Detention Period and Its Renewal)

Article 133 (Rescission of Detention)

Article 134 (Motion for Release on Bail)

Article 135 (Compulsory Release on Bail)

Article 136 (Voluntary Release on Bail)

Article 137 (Bail and Revocation of Detention and Opinions of Military Prosecutors)

Article 138 (Factors to be Considered in Attaching Conditions to Release on Bail)

Article 139 (Conditions of Release on Bail)

Article 140 (Procedures for Execution of Bail)

Article 140-2 (Administrative Fines on Guarantors of Appearance)

Article 141 (Suspension of Execution of Detention)

Article 142 (Change, Revocation, etc. of Conditions of Bail)

Article 143 (Confiscation of Bail Bond, etc.)

Article 144 (Return of Bail Bond)

Article 144-2 (Invalidation of Conditions of Bail)

Article 145 (Appeal and Ruling on Detention)

Section 8 Search and Seizure

Article 146 (Seizure, etc.)

Article 147 (Seizure of Postal Matter)

Article 148 (Seizure of Voluntarily Produced Articles, etc.)

Article 149 (Searches)

Article 150 (Military Secrets, Search and Seizure)

Article 151 (Official Secrets and Seizure)

Article 152 (Trade Secrets and Seizure)

Article 153 (Search and Seizure Warrants)

Article 154 (Format for Warrant)

Article 155 Deleted.

Article 156 (Warrants and Execution)

Article 157 (Support to Execution)

Article 158 (Caution in Execution)

Article 159 (Presentation of Warrant)

Article 160 (Prohibition of Entrance and Exit During Execution)

Article 161 (Execution and Necessary Disposition)

Article 162 (Participation by Parties)

Article 163 (Execution of Warrants and Notification to Persons Authorized to be Present)

Article 164 (Execution of Warrants and Presence of Responsible Persons)

Article 165 (Search and Presence of Females)

Article 166 (Restriction on Execution at Night)

Article 167 (Exceptions to Restrictions on Execution during Night Time)

Article 168 (Suspension of Execution and Necessary Disposition)

Article 169 (Issuance of Attestations)

Article 170 (Issuance of Inventory of Seized Articles)

Article 171 (Keeping and Scrapping of Seized Articles)

Article 172 (Prevention of Loss, etc. of Seized Articles)

Article 173 (Keeping Proceeds of Seized Articles)

Article 174 (Return or Temporary Return of Seized Articles)

Article 175 (Return of Seized Stolen Articles to Victims)

Article 176 (Disposal of Seized Articles and Notification to Interested Parties)

Article 177 (Entrustment of Search and Seizure to Commissioned Military Judges, etc.)

Article 178 (Execution of Detention Warrants and Searches)

Article 179 (Provisions to be Applied Mutatis Mutandis)

Section 9 Inspection of Evidence

Article 180 (Verification)

Article 181 (Inspection of Evidence and Necessary Disposition)

Article 182 (Caution against Physical Examination)

Article 183 (Physical Examinations and Summons)

Article 184 (Restrictions on Time)

Article 185 (Support to Inspection of Evidence)

Article 186 (Provisions to be Applied Mutatis Mutandis)

Section 10 Examination of Witness

Article 187 (Qualifications for Witnesses)

Article 188 (Official Secret and Qualifications for Witnesses)

Article 189 (Criminal Responsibility and Refusal to Offer Testimony of Near Relatives)

Article 190 (Trade Secrets and Refusal to Offer Testimony)

Article 191 (Vindication of Reasons for Refusal to Offer Testimony)

Article 192 (Witness Summons)

Article 193 (Administrative Fine, etc. in Cases of Non-Appearance of Witness)

Article 194 (Disobedience to Summons and Compulsory Appearance)

Article 195 (Provisions to be Applied Mutatis Mutandis)

Article 196 (Oath of Witness)

Article 197 (Methods of Oath)

Article 198 (Caution to Witnesses who Make Oath)

Article 199 (Incompetency to Take Oath)

Article 200 (Notice of Right to Refuse to Bear Testimony)

Article 201 (Refusal to Take Oath or to Bear Testimony and Administrative Fines)

Article 202 (Method of Examining Witness)

Article 203 (Separate Examination and Confrontation)

Article 204 (Right to Attendance of Interested Parties)

Article 204-2 (Sitting Together with Persons in Fiduciary Relationship)

Article 205 (Request for Examination)

Article 206 (Examination of Witnesses in Places other than Military Courts)

Article 206-2 (Examination of Witnesses through Relay System, etc. such as Video, etc.)

Article 207 (Orders to Accompany Designated Person and Escorting Witness to Military Court)

Article 208 (Entrusting Commissioned Judges, etc. with Examination of Witnesses)

Article 209 (Traveling Expenses, Daily Allowances and Lodging Expenses of Witnesses)

Section 11 Expert Testimony

Article 210 (Expert Evidence)

Article 211 (Oath)

Article 212 (Report on Results of Expert Evidence)

Article 213 (Expert Evidence Outside Courtroom)

Article 214 (Custody for Expert Evidence and Detention)

Article 215 (Disposition Necessary for Expert Testimony)

Article 216 (Right to Attendance and Examination of Expert Witnesses)

Article 217 (Commissioned Military Judge)

Article 218 (Participation by Parties)

Article 219 (Provisions to be Applied Mutatis Mutandis)

Article 220 (Counter-Terrorism and Security Measures)

Article 221 (Expert Witness)

Article 221-2 (Entrustment of Expert Evidence)

Section 12 Interpretation and Translation

Article 222 (Interpretation Services)

Article 223 (Interpretation for Persons of Hearing or Speech Impairment)

Article 224 (Translation)

Article 225 (Provisions to be Applied Mutatis Mutandis)

Section 13 Preservation of Evidence

Article 226 (Requests and Procedures for Preservation of Evidence)

Article 227 (Perusal, etc. of Documents)

Section 14 Court Costs

Article 227-2 (Bearing Court Costs by Defendants)

Article 227-3 (Court Costs of Accomplices)

Article 227-4 (Bearing Court Costs by Complainants, etc.)

Article 227-5 (Withdrawal, etc. of Appeals by Military Prosecutors and Bearing Court Costs)

Article 227-6 (Bearing Court Costs by Third Parties)

Article 227-7 (Trial of Court Costs)

Article 227-8 (Decision on Assumption of Court Costs by Third Parties)

Article 227-9 (Completion of Proceedings by Cause other than Trial)

Article 227-10 (Calculation of Amounts to be Borne)

Article 227-11 (Judgment of Innocence and Compensation for Expenses)

Article 227-12 (Procedures, etc. for Compensation for Expenses)

Article 227-13 (Extent of Compensation for Expenses)

Article 227-14 (Provisions Applicable Mutatis Mutandis)

CHAPTER II FIRST INSTANCE

Section 1 Investigation

Article 228 (Investigation by Military Prosecutors and Military Judicial Police Officers)

Article 229 (Matters to Be Observed)

Article 230 (Inspection of Places of Arrest and Detention by Military Prosecutors)

Article 231 (Investigation and Necessary Examination)

Article 232 (Requests for Suspects to Appear)

Article 232-2 (Arrest under Warrant)

Article 232-3 (Emergency Arrest)

Article 232-4 (Emergency Arrest and Period of Request for Warrant)

Article 232-5 (Notification of Arrest, Suspicion, etc.)

Article 232-6 (Provisions to be Applied Mutatis Mutandis)

Article 233 (Interrogation of Criminal Suspect)

Article 234 (Matters concerning Interrogation of Criminal Suspect)

Article 235 (Interrogation of Criminal Suspect and Attendant)

Article 235-2 (Defense Counsel's Participation)

Article 236 (Formation of Protocol concerning Interrogation of Criminal Suspect)

Article 236-2 (Video Recording of Criminal Suspect's Statements)

Article 236-3 (Announcement of Right to Refuse to Make Statements and Other Rights)

Article 236-4 (Recording of Investigation Process)

Article 236-5 (Special Rules for Persons in Need of Special Protection, such as Disabled Persons)

Article 237 (Cross Examination)

Article 238 (Detention)

Article 238-2 (Request for Detention Warrant and Interrogation of Suspects)

Article 239 (Period of Detention by Military Judicial Police Officers)

Article 240 (Period of Detention by Military Prosecutors)

Article 240-2 (Calculation of Period of Detention)

Article 241 (Issuance of Warrant and Notification to Military Court)

Article 242 (Extension of Detention Period)

Article 243 Deleted.

Article 244 Deleted.

Article 245 (Restrictions on Redetention)

Article 246 (Provisions to be Applied Mutatis Mutandis)

Article 247 (Flagrant Offenders and Quasi-flagrant Offender)

Article 248 (Arrest of Flagrant Offender)

Article 249 (Surrender of Arrested Flagrant Offender)

Article 250 (Provisions to be Applied Mutatis Mutandis)

Article 251 (Minor Cases and Arrest of Offenders in Act)

Article 252 (Review of Legality of Arrest and Detention)

Article 253 (Restrictions on Rearrest and Re-Detention)

Article 253-2 (Confiscation of Deposit Money)

Article 254 (Search, Seizure, and Examination of Evidence)

Article 255 (Compulsory Disposition without Warrants)

Article 256 (Compulsory Disposition without Warrants)

Article 257 (Seizure without Warrants)

Article 257-2 (Return or Temporary Return of Seized Articles)

Article 258 (Provisions to be Applied Mutatis Mutandis)

Article 259 (Emergency Disposition)

Article 260 (Request, etc. for Appearance of Third Parties)

Article 260-2 (Special Cases concerning Appointment of Defense Attorney for Victims of Crimes Among Military Personnel)

Article 261 (Requests for Examination of Witnesses)

Article 262 (Commissioning of Expert Opinions and Requests for Custody for Expert Evidence)

Article 263 (Permit for Disposition Necessary for Expert Evidence)

Article 264 (Autopsy of Unnatural or Unexplained Deaths)

Article 265 (Persons Authorized to File Complaints)

Article 266 (Restrictions on Complaints)

Article 267 (Persons other than Victims who Are Authorized to File Complaints)

Article 268 (Persons other than Victims who Are Authorized to File Complaints)

Article 269 (Persons other than Victims who Are Authorized to File Complaints)

Article 270 (Designation of Persons Authorized to File Complaints)

Article 271 Deleted.

Article 272 (Period of Complaint)

Article 273 (Several Persons Authorized to File Complaints)

Article 274 (Revocation of Complaints)

Article 275 (Indivisibility of Complaints)

Article 276 (Accusations)

Article 277 (Restrictions on Accusations)

Article 278 (Complaints by Proxy)

Article 279 (Methods of Complaint and Accusation)

Article 280 (Complaints or Accusations and Measures to be Taken by Military Judicial Police Officers)

Article 281 (Withdrawal of Complaints or Accusations and Provisions to be Applied mutatis mutandis)

Article 282 (Self-Surrender and Provisions to be Applied mutatis mutandis)

Article 283 (Transfer of Cases by Military Judicial Police Officers)

Article 284 (Reports on Cases by Military Prosecutors)

Article 285 (Handling of Cases by Military Prosecutors)

Article 286 (Transfer of Cases to Military Prosecutors)

Article 287 (Notification of Results of Handling of Cases)

Article 288 (Release of Suspects and Return of Seized Articles)

Section 2 Public Prosecution

Article 289 (Principle of Public Prosecution by State)

Article 289-2 (Principle of Discretionary Prosecution)

Article 290 (Effect of Public Prosecution)

Article 291 (Period of Prescription of Public Prosecution)

Article 292 (Two or More Sentences and Periods of Prescription)

Article 293 (Aggravation and Mitigation of Sentences and Periods of Prescription)

Article 294 (Starting Point of Prescription of Public Prosecution)

Article 295 (Suspension of Prescription of Public Prosecution and Effects thereof)

Article 295-2 (Exclusion from Application of Prescription for Public Prosecution)

Article 296 (Methods of Instituting Public Prosecutions and Written Indictment)

Article 297 (Withdrawal of Public Prosecution)

Article 298 (Handling of Cases Following Complaints, etc.)

Article 299 (Notification of Disposition to Complainants)

Article 300 (Explanation to Complainants of Reasons Public Prosecution not Instituted)

Article 300-2 (Notification to Victims, etc.)

Article 301 (Application for Adjudication)

Article 302 (Effect and Withdrawal of Application by Proxy or One Person)

Article 303 (Handling by Head of a unit to which Military Prosecutor Is Posted)

Article 304 (Trial and Ruling)

Article 305 (Suspension, etc. of Statute of Limitations)

Article 306 (Restrictions on Revocation of Public Prosecution)

Article 306-2 (Restrictions on Perusal or Duplication of Records of Application for Adjudication)

Article 306-3 (Bearing Expenses, etc.)

Article 307 (Perusal or Duplication of Documents and articles of evidence by Military Prosecutors)

Section 3 Public Trials

Subsection 1 Preparation and Procedures for Public Trials

Article 308 (Service of Copy of Bill of Indictment)

Article 309 (Notification concerning Appointment of Defense Attorney)

Article 309-2 (Submission of Written Opinions)

Article 309-3 (Perusal or Duplication of Documents, etc. Kept by Military Prosecutors after Public Prosecution Is Instituted)

Article 309-4 (Military Court Ruling on Perusal, Duplication, etc.)

Article 309-5 (Preparatory Proceedings Prior to Trial)

Article 309-6 (Submission of Papers for Preparation of Trial)

Article 309-7 (Preparatory Hearing Day)

Article 309-8 (Attendance of Military Prosecutors, Defense Attorneys, etc.)

Article 309-9 (Matters concerning Preparatory Hearing)

Article 309-10 (Confirmation of Results of Preparatory Hearings)

Article 309-11 (Perusal, Duplication, etc. of Documents, etc. Kept by Defendant or Defense Attorney)

Article 309-12 (Reasons for Closing Preparatory Proceedings)

Article 309-13 (Effect of Closing of Preparatory Proceedings)

Article 309-14 (Provisions to be Applied mutatis mutandis)

Article 309-15 (Preparatory Proceedings between Court Dates)

Article 309-16 (Prohibition of Abuse of Perused or Duplicated Documents, etc.)

Article 310 (Designation of Court Date)

Article 310-2 (Intensive Trial)

Article 311 (Deeming Writ of Summons to Have Been Served)

Article 312 (First Court Date and Period of Delay)

Article 313 (Change of Court Date)

Article 314 (Nonattendance and Submission of Data)

Article 315 (Inquiry to Public Offices, etc.)

Article 316 (Examination of Evidence before Court Date)

Article 316-2 (Submission of Evidence by Party before Court Date)

Article 317 Deleted.

Article 318 Deleted.

Article 319 Deleted.

Article 320 Deleted.

Article 321 Deleted.

Article 322 (Trial in Courtroom)

Article 323 (Presumed Innocence of Defendant)

Article 323-2 (Principle of Oral Pleading)

Article 324 (Right to Lead Proceedings of Presiding Judge)

Article 325 (Cases, etc. of Misdemeanor and Nonattendance of Defendant)

Article 325-2 (Refusal of Defendant to attend Military Court and Trial Proceedings)

Article 326 (Appearance of Defendants and Opening of Court)

Article 326-2 (Special Rules for Persons Needing Special Protection, such as Disabled Persons)

Article 326-3 (Absence of Military Prosecutors)

Article 327 (Prohibition on Restraining Defendants in Courtrooms)

Article 328 (Duty of Defendant to Remain in Court and Military Court Police Power)

Article 328-2 (Defendant’s Right, etc. to Silence)

Article 329 (Questioning Identity)

Article 330 (Opening Statement of Military Prosecutor)

Article 331 (Opening Statement of Defendant)

Article 332 (Presiding Judge’s Organizing of Issues and Statements by Military Prosecutor and Defense Attorney concerning Evidence, etc.)

Article 333 Deleted.

Article 334 (Examination of Evidence)

Article 335 (Presentation of Matters Requiring Proof by Military Prosecutor)

Article 336 (Presentation of Matters Requiring Proof by Defendant’s Side)

Article 337 (Interested Parties’ Application for Examination as Evidence)

Article 338 (Right of Victim, etc. to Make Statements)

Article 338-2 (Non-Disclosure of Victims’ Statements)

Article 338-3 (Perusal or Duplication of Litigation Records by Victims, etc.)

Article 339 (Order of Request for Examination of Evidence)

Article 340 (Method of Requesting Examination of Evidence)

Article 341 (Method of Requesting Examination of Evidence)

Article 342 (Confession and Restrictions on Request for Examination of Evidence)

Article 343 (Ruling of Examination of Evidence)

Article 344 (Examination of Evidence ex officio)

Article 345 (Order of Examination of Evidence)

Article 346 (Results of Preparatory Proceedings and Needs for Examination of Evidence)

Article 347 (Methods of Examining Evidential Documents)

Article 348 (Methods of Examining Articles of Evidence)

Article 348-2 (Methods of Examining other Evidence)

Article 348-3 (Result of Examination of Evidence and Opinion of Defendant)

Article 349 (Right to Challenge Probative Value)

Article 350 (Reasons for Filing Objections)

Article 351 (Submission of Evidence)

Article 351-2 (Examination of Defendants)

Article 352 (Ordering Defendants, etc. to Leave Courtroom.)

Article 353 (Restrictions on Unnecessary Examinations and Statements)

Article 354 (Pleadings)

Article 355 (Alteration of Bills of Indictment)

Article 356 (Separation, Incorporation and Resumption of Pleadings)

Article 357 (Suspension of Trial Proceedings)

Article 358 (Renewal of Trial Proceedings)

Subsection 2 Evidence

Article 359 (Law of Evidence)

Article 359-2 (Exclusion of Illegally Obtained Evidence)

Article 360 (Principle of Free Evaluation of Evidence)

Article 361 (Admissibility of Evidence of Confession under Duress, etc.)

Article 362 (Admissibility of Evidence of Unfavorable Confession)

Article 363 (Hearsay Evidence and Restrictions on Admissibility of Evidence)

Article 364 (Protocols of Military Court or Military Judge)

Article 365 (Protocols Prepared by Military Prosecutors or Military Judicial Police Officers)

Article 366 (Written Statements, etc.)

Article 367 (Exceptions to Admissibility of Evidence)

Article 368 (Documents Rightfully Admissible into Evidence)

Article 369 (Hearsay Statements)

Article 370 (Voluntariness of Statements)

Article 371 (Agreement of Interested Parties and Admissibility of Evidence)

Article 372 (Evidence for Challenging Probative Power)

Subsection 3 Judgment of Public Trial

Article 372-2 (Date of Pronouncing Sentence)

Article 373 (Judgment on Incompetency of Jurisdiction)

Article 374 (Exceptions to Incompetency of Jurisdiction)

Article 375 (Matters to be Pronounced Simultaneously with Sentencing)

Article 376 (Judgment of Exemption from or Suspension of Sentence)

Article 377 (Reasons to be Indicated in Conviction)

Article 378 (Notice of Appeal)

Article 379 (Confirmation of Judgments by Convening Authority)

Article 380 (Judgment of Innocence)

Article 381 (Judgment of Acquittal)

Article 382 (Judgment Dismissing Public Prosecution)

Article 383 (Ruling Dismissing Public Prosecution)

Article 384 (Withdrawal of Public Prosecution and Reinstitution of Public Prosecution)

Article 385 (Judgment without Oral Statements of Defendants)

Article 386 Deleted.

Article 387 Deleted.

Article 388 (Sentence of Innocence, etc. and Effect of Detention Warrant)

Article 389 (Pronouncement of Confiscation and Seized Article)

Article 390 (Restoration of Stolen Property that Have Been Seized)

Article 391 (Judgment of Provisional Payment for Pecuniary Punishment)

Article 392 (Procedures for Revocation of Suspension of Execution)

Article 393 (Procedures to be Determined in Concurrent Offenders)

Article 394 (Judgment of Extinction of Punishment)

CHAPTER III APPEALS

Section 1 Common Provisions

Article 395 (Persons Authorized to Lodge Appeals)

Article 396 (Persons Entitled to File Complaint against Rulings)

Article 397 (Persons Other than Interested Parties Authorized to Lodge Appeals)

Article 398 (Persons Other than Interested Parties Authorized to Lodge Appeals)

Article 399 (Appeal against Part of Judgment)

Article 400 (Time Limit for Lodging Appeals)

Article 401 (Special Rules for Persons in Prison)

Article 402 (Persons Authorized to Request for Reinstatement of Right of Appeal)

Article 403 (Method of Request for Reinstatement of Right of Appeal)

Article 404 (Ruling on Requests for Reinstatement of Right of Appeal)

Article 405 (Requests for Reinstatement of Right of Appeal and Suspension of Execution)

Article 406 (Waivers and Withdrawals of Appeals)

Article 407 (Waiver, etc. of Appeal and Approval of Legal Representative)

Article 408 (Waivers of Appeals and Approval of Defendant)

Article 409 (Method of Waiving Appeal, etc.)

Article 410 (Jurisdiction over Waivers of Appeals, etc.)

Article 411 (Prohibition of Re-Appealing after Waiver of Appeal)

Article 412 (Special Rules for Defendants in Prison)

Article 413 (Notification to other Parties of Waiver, etc. of Appeals)

Section 2 Appeals against Judgment in Trial Court

Article 414 (Judgments subject to Appeal)

Article 415 (Deadline for Lodging Appeal)

Article 416 (Methods of Lodging Appeal)

Article 417 (Ruling of Dismissal by Military Court of Original Judgment)

Article 418 (Delivery of Court Records and articles of evidence)

Article 419 (Receipt and Notice of Court Records, etc.)

Article 420 (Statement of Grounds of Appeal)

Article 421 (Written Answers)

Article 422 (Ruling Dismissing Appeal)

Article 423 (Qualifications for Defense Attorney and Ability to Plead)

Article 424 (Reports of Commissioned Military Judge)

Article 425 (Method of Pleading)

Article 426 (Presence of Defendant)

Article 427 (Extent of Examination)

Article 428 (Reasons for ex officio Examination)

Article 429 (Examination of Facts)

Article 430 (Judgment of Dismissal of Appeal)

Article 431 (Judgment of Reversal)

Article 432 (Reversal for Co-Defendants)

Article 433 (Reversal and Remand)

Article 434 (Reversal and Transfer)

Article 435 (Reversing and Rendering)

Article 436 (Remand or Removal)

Article 437 (Prohibition of Disadvantageous Alteration)

Article 438 (Ruling Dismissing Prosecution)

Article 439 (Methods of Recording Court Records)

Article 440 (Binding Force of Appellate Trials)

Article 441 (Provisions to be Applied mutatis mutandis)

Section 3 Appeals to Supreme Court

Article 442 (Judgment Subject to Appeal)

Article 443 (Direct Appeal)

Article 444 (Time Limit to Lodge Appeal)

Article 445 (Method of Pleading)

Article 446 (Sentence through Paper Hearing)

Article 447 (Judgment of Dismissal of Appeal to Supreme Court)

Article 448 (Reversal of Judgment of Lower Court)

Article 449 (Reversal, Removal and Remand)

Article 450 (Provisions to be Applied mutatis mutandis)

Article 451 (Request for Correction of Judgment)

Article 452 (Correction of Judgment)

Article 453 (Remand of Court Records, etc.)

Section 4 Complaint against Ruling

Article 454 (Trial subject to Complaint)

Article 454-2 (Complaints against Rulings Prior to Judgment)

Article 454-3 (Time to Lodge Ordinary Complaint)

Article 455 (Time Limit to Lodge Immediate Complaint)

Article 456 (Procedures for Lodging Complaint)

Article 457 (Ruling Dismissing Complaint by Military Court of Original Judgment)

Article 458 (Correction of Ruling by Military Court of Original Judgment)

Article 459 (Immediate Complaints and Suspension of Execution)

Article 459-2 (Ordinary Complaints and Suspension of Execution)

Article 460 (Delivery of Court Records, etc.)

Article 461 (Statements by Military Prosecutors)

Article 462 (Ruling Dismissing Complaint)

Article 463 (Dismissal of Complaint and Recognition of Grounds of Complaint)

Article 464 (Refiling Complaint)

Article 465 (Quasi-Complaint)

Article 466 (Quasi-Complaint)

Article 467 (Method of Quasi-Complaint)

Article 468 (Provisions to be Applied mutatis mutandis)

PART III SPECIAL PROCEEDINGS

CHAPTER I RETRIAL

Article 469 (Grounds for Retrial)

Article 470 (Reasons for Retrial)

Article 471 (Evidence Substituting Final Judgment)

Article 472 (Jurisdiction over Retrial)

Article 473 (Persons Authorized to Request Retrial)

Article 474 (Retrial which only Military Prosecutor Is Eligible to Make Request)

Article 475 (Appointment of Defense Attorneys)

Article 476 (Time to Request Retrials)

Article 477 (Request for Retrial and Non-Suspension of Execution)

Article 478 (Withdrawal of Request for Retrial)

Article 479 (Special Rules for Prison Inmate)

Article 480 (Investigation into Facts)

Article 481 (Ruling on Retrial and Opinions of Interested Parties)

Article 482 (Ruling of Dismissal of Request)

Article 483 (Ruling of Dismissal of Request)

Article 484 (Ruling of Commencement of Retrial)

Article 485 (Concurrence of Requests and Ruling of Dismissal of Requests)

Article 486 (Immediate Appeal)

Article 487 (Appointment of Public Defender)

Article 488 (Judgment on Retrial)

Article 489 (Prohibition of Disadvantageous Alteration)

Article 490 (Public Announcement of Judgment of Innocence)

Article 491 (Provisions to be Applied Mutatis Mutandis)

CHAPTER II EXTRAORDINARY APPEAL

Article 492 (Reasons for Extraordinary Appeal)

Article 493 (Requests to File for Extraordinary Appeal)

Article 494 (Methods of Extraordinary Appeals)

Article 495 (Court Date)

Article 496 (Extent of Examination)

Article 497 (Judgment of Dismissal)

Article 498 (Judgment of Reversal)

Article 499 (Judgment of High Military Court)

Article 500 (Effect of Judgment)

Article 501 (Provisions to be Applied mutatis mutandis)

CHAPTER III SUMMARY PROCEDURES

Article 501-2 (Case subject to Summary Order)

Article 501-3 (Requests for Summary Order)

Article 501-4 (Ordinary Judgment)

Article 501-5 (Method of Summary Order)

Article 501-6 (Notification of Summary Order)

Article 501-7 (Request for Formal Trial)

Article 501-8 (Withdrawal of Request for Formal Trial)

Article 501-9 (Ruling of Dismissal)

Article 501-10 (Invalidation of Summary Order)

Article 501-11 (Effect of Summary Order)

Article 501-12 (Prohibition of Disadvantageous Alteration)

Article 501-13 (Provisions of Appeal to Supreme Court to be Applied mutatis mutandis)

CHAPTER IV SUMMARY TRIAL PROCEEDINGS

Article 501-14 (Cases subject to Summary Trial)

Article 501-15 (Requests for Summary Trial)

Article 501-16 (Submission of Documents and Articles of Evidence)

Article 501-17 (Dismissal of Request, etc.)

Article 501-18 (Judgments)

Article 501-19 (Holding of Court)

Article 501-20 (Attendance of Defendant)

Article 501-21 (Default Judgment)

Article 501-22 (Trial on Court Date)

Article 501-23 (Admissibility of Evidence)

Article 501-24 (Pronouncement of Summary Trial)

Article 501-25 (Summary Trial Records)

Article 501-26 (Preservation of Summary Trial Records, etc.)

Article 501-27 (Request for Formal Trial)

Article 501-28 (Invalidation of Summary Trial)

Article 501-29 (Effect of Summary Trial)

Article 501-30 (Order of Provisional Payment)

Article 501-31 (Execution of Sentence)

Article 501-32 (Notification of Results of Execution of Summary Trials)

Article 501-33 (Exclusion from Application of Confirmation Provisions)

Article 501-34 (Provisions to be Applied mutatis mutandis)

PART IV EXECUTION OF JUDGMENT

Article 502 (Determination and Execution of Judgment)

Article 503 (Direction of Execution)

Article 504 (Method of Direction of Execution)

Article 505 (Order of Execution of Sentence)

Article 506 (Execution of Capital Punishment)

Article 507 (Determination of Judgment of Capital Punishment and Submission of Court Records)

Article 508 (Time Limit to Issue Order of Execution of Capital Punishment)

Article 509 (Time to Execute Capital Punishment)

Article 510 (Attendance at Execution of Capital Punishment)

Article 511 (Protocol of Execution of Capital Punishment)

Article 512 (Suspension of Execution of Capital Punishment)

Article 513 (Suspension of Execution of Deprivation of Liberty)

Article 514 (Suspension of Execution of Deprivation of Liberty)

Article 515 (Summons for Execution of Punishment)

Article 516 (Format for Writ of Execution of Punishment)

Article 517 (Effect of Writ of Execution of Punishment)

Article 518 (Execution of Writ of Execution of Punishment)

Article 519 (Execution of Punishment on Qualifications)

Article 520 (Execution of Punishment on Property)

Article 521 (Execution on Inherited Property)

Article 522 (Coordination of Provisional Payments)

Article 523 (Execution of Provisional Payment and Execution of Regular Punishment)

Article 524 (Inclusion of Days under Confinement before Conclusion of Judgment)

Article 525 (Disposal of Confiscated Articles)

Article 526 (Delivery of Confiscated Articles)

Article 527 (Indication of Forgery, etc.)

Article 528 (Being Impossible to Return and Announcement)

Article 529 (Raising Doubt)

Article 530 (Raising Objection)

Article 531 (Withdrawal of Claims)

Article 532 (Ruling on Claims)

Article 533 (Execution of Custody in Prison Workshop)

PART V SPECIAL CASES IN TIME OF WAR OR EMERGENCY

Article 534 (Provisions of Special Cases)

Article 535 (Right to Action of Convening Authority)

PART VI SUPPLEMENTARY PROVISIONS

Article 536 (Provisions to be Applied mutatis mutandis)

ADDENDA <Act No. 3993, Dec. 4, 1987>

ADDENDA <Act No. 4616, Dec. 27, 1993>

ADDENDA <Act No. 4704, Jan. 5, 1994>

ADDENDA <Act No. 5681, Jan. 21, 1999>

ADDENDA <Act No. 6037, Dec. 28, 1999>

ADDENDA <Act No. 6082, Dec. 31, 1999>

ADDENDA <Act No. 6290, Oct. 26, 2000>

ADDENDA <Act No. 6627, Jan. 26, 2002>

ADDENDA <Act No. 7078, Jan. 20, 2004>

ADDENDA <Act No. 7229, Oct. 16, 2004>

ADDENDA <Act No. 7289, Dec. 31, 2004>

ADDENDA <Act No. 7427, Mar. 31, 2005>

ADDENDA <Act No. 8435, May 17, 2007>

ADDENDA <Act No. 8842, Jan. 17, 2008>

ADDENDA <Act No. 9765, Jun. 9, 2009>

ADDENDA <Act No. 9841, Dec. 29, 2009>

ADDENDA <Act No. 11002, Aug. 4, 2011>

ADDENDA <Act No. 11572, Dec. 18, 2012>

ADDENDA <Act No. 11731, Apr. 5, 2013>

ADDENDA <Act No. 12199, Jan. 7, 2014>

ADDENDA <Act No. 13126, Feb. 3, 2015>

ADDENDA <Act No. 13722, Jan. 6, 2016>

ADDENDA <Act No. 14609, Mar. 21, 2017>

ADDENDA <Act No. 15165, Jun. 12, 2017>

ADDENDA <Act No. 15983, Dec. 18, 2018>

ADDENDA <Act No. 16926, Feb. 4, 2020>

ADDENDA <Act No. 17367, Jun. 9, 2020>