德國軍事勤務法院懲戒處分程序之簡介

An Introduction to the Disciplinary Procedures of the German Military Courts

我國2013年軍事審判法修正後，將平時軍人犯罪改由普通刑事法院依據刑事訴訟法追訴審判，本來普通刑事法院審判程序令人詬病之問題，包括審判程序過長以及判刑結果過輕，在軍人犯罪案件中，更危及軍隊紀律維持甚而影響國家安全維護。惟迅速維護軍隊紀律之需求，恐怕難以在刑事訴訟程序中追求，參考德國法可知，維護軍隊紀律主要透過軍人懲戒處分程序來實現。德國軍事勤務法院懲戒處分程序之設計與刑事訴訟相類似，保障受審軍人之閱卷權、受辯護人協助權以及聽審權等，符合正當法律程序之要求。職司審判的軍事勤務法院法官以及負責調查追訴之防衛紀律調查官都必須具備德國法官法之法官資格，從而確保獨立、公正之要求。法院組織採職業法官與軍人共同審判之軍人參審制，能適當反應軍人之利益。整體而言，非常值得我國改革相關制度參考借鏡。

After the revision of the Military Trial Act in 2013, crimes committed by military personnel during peacetime are now prosecuted and tried by ordinary criminal courts in accordance with the Code of Criminal Procedure in Taiwan. The common criticisms of ordinary criminal court procedures, such as excessively long trial processes and overly lenient sentencing, pose greater risks in cases involving military personnel, as they jeopardize the maintenance of military discipline and may even impact national security. The need for swiftly maintaining military discipline is difficult to achieve through criminal procedure. Reference to German law shows that maintaining military discipline is primarily achieved through military disciplinary procedures.
The design of the disciplinary procedures in the German Military Courts is similar to that of criminal procedures, ensuring due process by protecting the rights of the accused military personnel, such as the right to access files, the right to assistance from a defense attorney, and the right to a hearing. Judges in the Military Courts and the disciplinary prosecutors responsible for investigation and prosecution must possess the qualifications of judges as stipulated by the German Judiciary Act, thus ensuring the requirements of independence and impartiality. The court system employs a military jury system where professional judges and military personnel jointly adjudicate cases, appropriately reflecting the interests of military personnel. Overall, this system serves as a good example for future reforms in Taiwan.