Victims of Military Crimes Also Eligible for Appointment of Private Public Defenders
[Asia Economy Yang Nak-gyu Reporter]From December this year, victims of military crimes will also be able to receive assistance from court-appointed defense attorneys.
The Ministry of National Defense announced on the 9th that the "Partial Amendment to the Military Court Act" was promulgated on the same day and will be enforced six months later.
The amended law includes provisions allowing military prosecutors to appoint civilian court-appointed defense attorneys if victims of military crimes do not have lawyers.
Since March last year, as part of military judicial reform, the Ministry of National Defense has been providing court-appointed defense attorneys to victims of military crimes, and explained that this amendment establishes the legal basis for supporting court-appointed defense attorneys.
Additionally, the period during which complainants or accusers can object to a military prosecutor's decision not to prosecute will be extended. Previously, if complainants or accusers objected to the non-prosecution decision, they had to file a request for reconsideration within 10 days from the date they received the notification of the non-prosecution decision.
However, according to the amended law, they can now file a request for reconsideration within 30 days from the date of notification.
If acquitted by the military court, the trial costs can be claimed within 3 years from the date the judgment is finalized or within 5 years from the date the acquittal is confirmed.
Previously, compensation claims had to be made within 6 months from the date the acquittal was finalized. The Ministry of National Defense also established a legal basis for protective measures to ensure that personal information such as the victim's name is not disclosed by the military court.
The Ministry of National Defense stated that it plans to resubmit the amendment to the Military Court Act, which includes military judicial reform measures not covered in this amendment, to the 21st National Assembly.
Previously, the government submitted a bill to the National Assembly to abolish the High Military Court and transfer military trial appeals to the Seoul High Court, but the bill was not passed by the National Assembly.
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A Ministry of National Defense official said, "The state will now be able to provide expert legal assistance to victims of military crimes," adding, "This will be an opportunity to improve the quality of military service and lead to the integration of military organizations."
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