Library:New Republic Code of Military Justice

1.1. This Act describes military courts and penalties which may be assigned, and defines offences which may be tried in these courts. The below listed penal offences will apply to all military officers and NRI agents whilst they are on duty, and any civilians taking part in military operations. Some or all may apply whilst officers or agents are off duty as well, at the discretion of the Chief of Military Operations (CMO) and Director of the New Republic Intelligence Service (DNRI) respectively.

1.2. Those individuals subject to this Code may still be charged with crimes under the New Republic Criminal Code, separate to or in addition to a court martial.

Article I: Court-Martials

General Description

2.1.1. A court-martial is a military tribunal held against a member or members of the New Republic Military, New Republic Intelligence Service (NRI), Military Reserves or Civilian taking part in military operations. If the accused is an NRI agent and happens to also be a military officer and both the CMO and DNRI feel the officer was on duty within their respective Command, then the charges will apply to them in their capacity as a military officer first and foremost. If the NRI agent is not a public agent, the DNRI does not have to disclose their status as an NRI agent if he or she does not feel charges are warranted in their capacity as a NRI agent. During the investigation and the tribunal, the accused shall be considered innocent of the offence until proven guilty beyond a reasonable doubt.

2.1.2. Court-martials involving a Military Officer, Civilian Reservist, or Civilian taking part in military operations will be chaired by a military officer whose rank is grade C-1 or greater, whilst court-martials involving an individual(s) that is an NRI agent but not being charged as a military officer will be chaired by a public NRI agent whose rank is grade C-1 or greater. The chair of the tribunal shall report all charges to the CMO, DNRI, and the Chief of State (CoS). If the accused is not being charged as an NRI agent, then the DNRI need not be contacted.

2.1.3. The other members of the tribunal are military officers or public NRI agents appointed by the CMO, DNRI and the CoS, but their rank must be equal to or greater than the rank of the accused. The CMO will have precedence in choosing members of the tribunal for court-martials involving military officers, Military Reservists, and Civilians taking part in military operations whilst the DNRI will have precedence in choosing members of the tribunal for court-martials involving NRI agents who are not also being charged as military officers.

2.2.1. A general court-martial may be held to determine guilt and impose any penalty not forbidden by these articles. A general court martial shall consist of a tribunal of not less than 5 members.
2.2.2. A special court-martial may be held to determine guilt and impose any penalty described herein, except expulsion, removal from position, or demotion of more than three ranks. A special court-martial shall consist of a tribunal of not less than 3 members.
2.2.3. A special circumstances court-martial may be held at the discretion of the CMO and DNRI. Special circumstances court-martials may be held to determine guilt and impose any penalty described herein or if the individual refuses to cooperate in the proceedings, except expulsion, removal from position, or demotion of more than three ranks. A special circumstances court-martial shall consist of one tribunal member.

2.3.1. Any court-martial involving charges against a Military Officer, Military Reservist, or Civilian taking part in military operations may be called by the CoS, a military flag officer of greater rank than the accused or a member of the military authorized by one of the aforementioned persons. Any court-martial involving charges against an NRI agent may be called by the CoS, the DNRI, or the Deputy DNRI.

Investigation

3.1.1. A thorough and impartial investigation of all accusations shall be made before a tribunal begins.
3.1.2. The accused shall be advised of all charges, shall be allowed to speak to any witnesses, and shall be given copies of any incriminating documents.
3.1.3. The accused may conduct an independent investigation and may seek legal counsel or have legal counsel appointed.

3.2.1. The accused may voluntarily enter a guilty plea before the tribunal convenes.
3.2.2. The members of the tribunal may accept this plea and pronounce a verdict before the tribunal is held.
3.2.3. The case may be closed if the accused accepts any penalty of this verdict, and does not rescind the guilty plea before the verdict is announced.

Tribunal

4.1.1. The chair of the tribunal serves as the chief judge and shall maintain order and impartiality.
4.1.2. The individual who called the court-martial may serve as the prosecutor, or may appoint a designee.
4.1.3. The accused may call witnesses and have legal counsel present during the tribunal, but must answer all questions deemed appropriate and necessary by the chair of the tribunal.

4.2.1. When the tribunal begins, the prosecution shall present all evidence to the tribunal.
4.2.2. After the prosecution, the accused shall present any additional evidence.
4.2.3. The prosecution may respond to any evidence presented by the accused, and then the accused may present a final response.
4.2.4. The members of the tribunal shall convene for up to two weeks to consider the evidence that was presented. The chair of the tribunal shall then present the verdict.

Classes of Reprimands

5.1.1. Offences categorised as Class I through III are serious crimes or felonies and may include imprisonment.
5.1.2. Class IV offences are misdemeanours.
5.1.3. Class V offences are infractions.

5.2.1. A normal reprimand is one which follows the sentencing guidelines of its assigned class or lesser.
5.2.2. A severe reprimand is one which follows the sentencing guidelines of up to two classes greater than its assigned class.

Sentencing Guidelines

6.1.1. Class I: 2 years to Life imprisonment.
6.1.2. Class II: A term of imprisonment not exceeding 2 years, but not less then 6 months.
6.1.3. Class III: A term of imprisonment not exceeding 1 year.
6.1.4. Class IV: Fine of between 2 and 10 times the base fine.
6.1.5. Class V: Fine of maximum 2 times the base fine.
6.1.6. Additionally, all sentences may include financial restitution.
6.1.7 Conspiracy to commit an offence under this Code may be judged one class lower than the offence states, at the discretion of the members of the tribunal.

6.2.1. A majority decision in a court-martial may assign the penalties of:
6.2.2. Normal reprimand, private;
6.2.3. Normal reprimand, public;
6.2.4. Severe reprimand, public;
6.2.5. Forfeiture of pay for a specific period of time; or
6.2.6. Reduction in rank of 1 to 3 grades.

6.3.1. A three-fourths majority decision in a general court-martial may assign the penalties of:
6.3.2. Reduction in rank of more than 3 grades;
6.3.3. Dismissal from position;
6.3.4. Dishonorable discharge from New Republic Military or the Military Reserves; or
6.3.5. Other penalties not otherwise prohibited.

Appeals

7.1. The convicted shall have up to 4 weeks following the conviction to introduce new evidence which may mitigate or disprove the charges against him.

7.2.1. The convicted may appeal a decision to the CMO up until 30 days has passed from the date that the sentence has been announced.
7.2.2. The CMO shall announce that the appeal has been received, and shall make a decision within 14 days from the receipt of the appeal.
7.3.1. The convicted may appeal any decision to the CoS per article 7.7.2 of the New Republic Constitution.

Errors

8.1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the members of the court-martial.
8.2. The convicted may appeal for a dismissal of their sentencing to the CoS if they believe an error has occurred which materially prejudices the members of the court-martial.

Article II: Penal Offences

The offences that may be committed, including their class of crimes, are as follows:

9.1.1. Unauthorised Military Absence - Class V
9.1.2. Any Officer who:
9.1.2.1. absents themselves or remains absent from a place of duty without permission; or
9.1.2.2. without authority goes or remains absent from their place of duty with intent to remain away therefrom permanently.

9.2.1. Wilfully Disobeying Military Regulations - Class V
9.2.2. Any Officer who:
9.2.2.1. violates or fails to obey any lawful general order or regulation;
9.2.2.2. violates or fails to obey any lawful order issued by a superior officer, which it is their duty to obey; or
9.2.2.3. strikes their superior officer or offers any violence against them while they are in the execution of their office.

9.3.1. Conduct Unbecoming an Officer - Class V
9.3.2. Any Officer who:
9.3.2.1. brings discredit on the New Republic Military.
9.3.2.2. behaves with disrespect toward their superior officer;
9.3.2.3. causes or participates in any breach of the peace;
9.3.2.4. behaves in such a way to undermine good order and discipline; or
9.3.2.5. knowingly makes any false official statement.

9.4.1. Abuse of Authority - Class IV
9.4.2. Any Officer who:
9.4.2.1. misuses the authority vested within them;
9.4.2.2. unlawfully arrests or confines any being; or
9.4.2.3. without proper authority or via neglect, releases any prisoner committed to their charge.
9.4.2.4 uses their authority to compel another officer to commit a crime. Should that be a crime under this Code, the officer will also be charged with that offence.

9.5.1. Misbehaviour Before the Enemy - Class III
9.5.2. Any Officer who:
9.5.2.1. before or in the presence of the enemy through disobedience or neglect, endangers the safety of any Republican personnel or property; or
9.5.2.2. compels or attempts to compel the commander of any Republican personnel or property to give it up to an enemy or to abandon it.

9.6.1. Misconduct as a Prisoner - Class III
9.6.2. Any Officer who:
9.6.2.1. while in the hands of the enemy, acts without proper authority in a manner contrary to law, to the detriment of others; or
9.6.2.2. resists lawful apprehension by the New Republic or escapes from lawful custody or confinement by the New Republic.

9.7.1. Wrongful Disposition of New Republic Property - Class IV
9.7.2. Any Officer who:
9.7.2.1. sells, damages, destroys, or loses any property of the New Republic;
9.7.2.2. deals in or disposes of captured or abandoned property acquired under specific military order; or
9.7.2.3. hazards or suffers to be hazarded any vessel of the Republic.

9.8.1. Murder, Non-Premeditated - Class II
9.8.2. Any Officer who whilst not acting under lawful orders:
9.8.2.1. causes the death of another without plans or conspiracy to do so shall be guilty of Murder;
9.8.2.2. if the crime is committed in self defense, a not guilty verdict may be reached on a plea of self defence.
9.8.2.3. is unintentionally engaged in an act which is inherently dangerous to others and evinces a wanton disregard of sentient life.

9.9.1. Murder, Premeditated - Class I
9.9.2. Any Officer who whilst not acting under lawful orders:
9.9.2.1. has a premeditated design to kill;
9.9.2.2. intends to kill or inflict great bodily harm; or
9.9.2.3. is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of sentient life.

9.10.1. Treason - Class I
9.10.2. Any Officer who:
9.10.2.1. with intent to override lawful authority, refuses to obey orders or otherwise do their duty or creates any violence or disturbance;
9.10.2.2. leaves, attempts to leave, or threatens to leave the New Republic in favour of an enemy of the New Republic;
9.10.2.3. acts as a spy in or about the New Republic or the New Republic's property;
9.10.2.4. aids, or attempts to aid, an enemy with supplies, money, or other things; or
9.10.2.5. without proper authority, knowingly harbours, protects, or gives intelligence to an enemy of the New Republic.

Updated on Year 17 Day 264.