Military Courts Of Organic Law

Original Language Title: Ley Orgánica de los Tribunales Militares

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ORGANIC LAW OF THE MILITARY COURTS

ORGANIC LAW OF THE MILITARY COURTS

Official Journal of the Federation June 22, 1929

Last Reform Published DOF 09 April 2012

On the sidelines is a stamp that says: Federal Executive Branch.-United Mexican States.-Mexico.-Secretariat of the Interior.

The C. Provisional President of the United Mexican States, the following Law has been addressed:

"EMILIO PORTES GIL, Provisional President of the United Mexican States, to its inhabitants, known:

That in use of the faculty that was conferred to the Federal Executive by the H. Congress of the Union, according to Decree published with date 5 April of the year in progress, I ask the following

ORGANIC LAW OF MILITARY COURTS

CHAPTER I

Preliminary Provisions

ARTICLE 1o.- The Military Courts are responsible for the investigation and punishment of crimes and crimes against military discipline.

ARTICLE 2o.- Military Justice, will be administered:

I.- By the Supreme Military Tribunal.

II.- By Ordinary Military Juries.

III.- By Extraordinary Military Juries.

IV.- By Military Judges.

ARTICLE 3o.- Each of the Courts and officials listed in the previous article, shall exercise jurisdiction in the degree and terms assigned to them by this Law and that of Criminal Proceedings in The War Force.

ARTICLE 4.- They are general requirements for carrying out any duties in the Military Courts:

I.- Being a Mexican citizen, in full exercise of civil and political rights.

II.- Not having been convicted of a crime against property or any other that undermines reputation.

ARTICLE 5o.- The personnel of the Military Courts, will be subject, in what concerns them, to the laws, regulations and provisions of the Army, considering those who integrate it, as Military of Service, being his professional and permanent career, like that of War. It is the faculty of the Executive, to determine the military hierarchy that each job or job corresponds to.

CHAPTER II

Supreme Military Court

ARTICLE 6o.- The Supreme Military Tribunal will be composed of a President, Brigadier General, War Military, and four legal magistrates.

ARTICLE 7o.- Resolver always in plenary and the presence of three of its components will suffice so that it can be constituted and operated.

ARTICLE 8o.- For an issue to be considered resolved, three-vote unification will be required, at least.

If this unification is not possible in a session, it will be voted on again in the next one.

ARTICLE 9o.- The Supreme Military Tribunal, will have a Secretary of Agreements and two Auxiliary, four Senior Officers and the deputies that the needs of the service require.

ARTICLE 10.- The Magistrates and Secretaries will be designated by the C. President of the Republic; the last to proposals of the Secretariat of National Defense.

ARTICLE 11.- To be a Magistrate of the Supreme Military Tribunal, it is required to be a lawyer, officially recognized, over thirty years old and with five years of professional exercise at least.

ARTICLE 12.- To be the Secretary of Agreements or Auxiliary of the same, it is required to be a lawyer, with officially recognized title, to be over twenty-five years old, and two years, at least, of professional exercise.

ARTICLE 13.- It is up to the Supreme Military Tribunal to know:

I.- Of the jurisdiction of jurisdiction to be raised between the Military Judges.

II.- The excuses of Military Judges.

III.- The resolution of the resources of your competence.

IV.- Of the causes of responsibility of the officials and deputies of the military court order.

V.- Of any claims made against the punishments or corrections imposed by the Military Judges and Jurors, confirming, revoking or amending such punishments, in accordance with the provisions of the Criminal Proceedings Act.

VI.-Of all the retention and preparatory or absolute freedom of the inmates.

VII. Of the required pardon requests.

VIII. The processing of the request for commutation or reduction of penalties.

IX.- From queries on questions of law directed to you by the Military Judges.

X.- Of the other matters that the laws and regulations submit to your decision.

ARTICLE 14.- Every day, with the exception of the holidays, the Supreme Military Tribunal will meet in plenary to discuss and agree on the matters of its jurisdiction. Their hearings will be public, except in cases where moral and social interests demand that they be secret.

ARTICLE 15.- The president of the Supreme Military Tribunal, will be replaced in his temporary or accidental faults that do not exceed fifteen days, for the other Magistrates in the order of his appointment. In the absence of any such failure, the Secretariat of National Defense shall designate the Secretary of National Defense.

ARTICLE 16.- They are the privileges of the Supreme Military Tribunal:

I.- Propose the measures it deems appropriate for the administration of justice to be straight and expeditious, in the Courts of the War Fuero.

II.- Grant a license to the Magistrates, Secretaries, Senior Officers and other junior employees of the Court, for up to 15 days, with the approval of the Secretariat of Defense National.

III.- Order the removal of the Secretaries, Senior Officers, and other deputies when there are reasons for this.

IV.- Impose disciplinary corrections to those who commit faults in business dispatch.

V.- Resolve the claims of the Military Judges against the excites of justice and other providences and agreements of the President of the Court, in exercise of their privileges.

VI.- Start with the Secretariat of National Defense, the reforms that it deems appropriate to introduce in Military Legislation.

VII.- Exorder circulars, instructing military justice administration officials to obtain the best performance of their office.

VIII.- Exorder or modify the regulations of the Supreme Military Tribunal, with the approval of the Secretariat of the National Defense.

IX.- Take the protest of the law to the Secretaries, Senior Officers and other deputies of the Tribunal, as well as to the Military Judges residing in the same place.

X.- Provide the Attorney General with the necessary data for the formation of military judicial statistics.

XI.- The others that determine the laws and regulations.

ARTICLE 17.- The Magistrates of the Supreme Military Tribunal, will not perform any other office or administrative employment; they will have a free profession, only in personal matters, and without prejudice to the performance of their functions. The Secretaries shall have a free profession in matters other than the Fuero, without prejudice to their duties.

ARTICLE 18.- They are the privileges of the President of the Supreme Military Tribunal:

I.- Receive complaints and written and written reports about delays, excesses, or faults in business dispatch. If the faults are minor, it will dictate the appropriate providences for their correction, but if they are serious, it will give the Tribunal to the Court to resolve it.

II.- Communicate to the Secretariat of National Defense, the absolute or temporary faults of the Magistrates, Secretaries, Senior Officers and other deputies of the Supreme Court.

III.- Grant licenses for up to three days to the quoted staff.

IV.- Carry out the official correspondence, dictating the economic agreements in accordance with the Rules of Procedure.

V.- Issue Excites of Justice, at the request of a party, against the Military Judges.

VI.- Glossary and take the accounts of the ex-officio expenses.

VII.- Exercise the economic privileges assigned to you by the Regulation.

VIII.- The others that determine the laws.

CHAPTER III

The Ordinary Military Jury

ARTICLE 19.- The Heads of Guarnition, where the Permanent Military Court is held, will have to formulate each month, a list of the Heads and Officers of the Plaza, suitable for the service.

ARTICLE 20.- This list must be published in the General Order of the Plaza the first five days of each month, and be fixed at the premises of the Military Court and in the Office of the Head of the Garrison.

ARTICLE 21.- Ordinary Military Juries will be integrated by a President and six Vocals, all of the same or higher hierarchy as that of the defendant, drawn in each case among the list referred to in the previous article, and in the terms established by the Law of Criminal Procedures in the War I.

ARTICLE 22.- It will exercise the functions of President, the military of greater hierarchy, and if there are several, the most ancient. He shall act as Secretary of the lower-class Vocal, and if there are several, the one designated by the President.

ARTICLE 23.- If there are several defendants of different graduations or categories, the composition of the Jury will be determined by the largest of these.

ARTICLE 24.- The auxiliary military personnel shall be judged by the Jury corresponding to the military employment of whose considerations they enjoy.

ARTICLE 25.- Trying to try prisoners of war, of force considered belligerent, will be attended, for the integration of the Jury, to the military category equivalent to the one that has the prisoner in the Army to belong to.

ARTICLE 26.- If it were to try high-ranking military officers, and not on the list formed by the military chief, the sufficient number of people to integrate the Jury, the draw will be made taking into account the list or lists of the nearest Garrison or Head of Garrison, or it shall be provided to them as necessary.

ARTICLE 27.- The jurisdiction of the Ordinary Military Juries will be extended to Navy ships.

ARTICLE 28.- Members of an Ordinary Military Jury, the officers of the company, the squad or the battery to which the defendant belongs, may not be appointed, and where possible, Bosses or Officers of your body.

ARTICLE 29.- The Ordinary Military Jurors are competent to know about the crimes against military discipline that are planned and punishable by the Military Criminal Law, whose knowledge is not attributed to them. by this law to the Military Judges or to the Extraordinary Military Juries.

ARTICLE 30.- The Heads of the Garrison of the Plazas where military courts will operate, will have the powers to call the Military Jurors in the form established by the Law of Procedures Penalties in the War Fuero.

CHAPTER IV

From Extraordinary Military Jury

ARTICLE 31.- The Extraordinary Military Jury will be integrated by a President and four Vocals, all military of war, of hierarchy equal to or greater than that of the defendant, drawn between the Chiefs and Working officers who are at the orders of the Military Chief to convene the Jury. That Chief shall designate those who are to act as President and Secretary.

ARTICLE 32.- For the duration of the site or block of a square, or any other operation of a campaign, one or more Extraordinary Military Juries may operate on a permanent basis, and These operations must be completed in the case of the ordinary judicial authorities.

ARTICLE 33.- For a military offense to be the jurisdiction of an Extraordinary Military Jury, the following requirements must be met:

I.- To be committed on a campaign basis, and within the territory occupied by the forces under his command, the Chief authorized to summon him.

II.- That you have a death penalty in the Military Criminal Law or the Martial Law, if any.

III.- That the defendant has been apprehended in flagrant offense.

It will be considered a flagrant offence to which you are committing or will end up committing when the offender is surprised. The act of executing the offence shall be deemed to be a surprise, not only the offender who is apprehended at the time of the offence, but even the one who is arrested after the end of being committed or after, during the immediate persecution, while he is not put out of the reach of those who pursue it.

IV.- That the non-immediate repression of the crime involves, in the judgment of the military chief who has the superior command, a serious danger for the conservation or security of a force, or for the success of its military operations.

Dealing with own and exclusive crimes of the Marinos, there is no need for the requirement that the campaign be committed, so that the formation of the Extraordinary Jury will proceed.

ARTICLE 34.- In all matters concerning the organization of the Extraordinary Military Jurors, the provisions concerning the Ordinary Jurors shall be observed as soon as they are applicable.

CHAPTER V

From Military Judge

ARTICLE 35.- There will be the number of Military Judges that the needs of the Military Justice service require, with jurisdiction in the area that the Secretariat of the National Defense determine.

ARTICLE 36.- The plant of each Military Court will be composed of a Judge, a Secretary, a Major Officer and the deputies that the needs of the service require.

ARTICLE 37.- The Military Judges, Secretaries, Senior Officers and other staff, shall be appointed by the President of the Republic, on a proposal from the Secretariat of the National Department.

ARTICLE 38.- The Military Judges will render the protest of law before the Supreme Military Tribunal, the residents in the same place as this, and those from outside, before the Military Chief of the place of his Membership. The Senior Secretaries and Officers will render the protest to the respective Military Judge.

ARTICLE 39.- To be a Judge, it is required: to be a lawyer with an officially recognized title, over 25 years of age, and to have at least two professional years.

To be Secretary you need the same requirements, except for the two years of professional exercise.

ARTICLE 40.- The temporary faults of the Military Courts staff will be replaced:

I.- Those of the Judge, by the Secretary.

II.- Those of the Secretary, by the Chief Officer.

III.- Those of the Chief Officer, by the subaltern who follows him in category and, in equal circumstances, by the oldest.

ARTICLE 41.- When a Military Judge has an impediment to know of a particular business, the Judge will replace him with immediate residence, and as long as the orders are sent, the Secretary must practice the most urgent measures.

ARTICLE 42.- In the places where the Judge of the Military, the Judges of the Common Order, does not reside, the urgent measures in aid of the Military Justice shall be subsisting.

ARTICLE 43.- Military Judges shall have the following privileges and duties:

I.- To instruct the trials of the competition of the Military Jurados, as well as those of their own.

II.- Judge of the offences whose penalty does not exceed greater arrest, suspension or fine.

III.- Know of all kinds of incidents.

IV.- Dictate your resolutions in a clear and precise manner, with factual and factual considerations, pointing to the laws applicable to the case.

V.- Reside in the place where the Courthouse is located.

VI.- Do not perform other employment or administrative charge, having a free profession only on personal matters and without prejudice to the performance of their duties.

VII.- Care for personnel to perform their duties accurately.

VIII.- Impose disciplinary corrections to their deputies, for the faults they commit in the performance of their duties.

IX.- Request removals that are required for good service.

X.- Give notice to the Supreme Military Tribunal, of the opening of the processes.

XI.- Communicate to the Military Attorney General, all irregularities that warn in the administration of Military Justice.

XII.- Pay the monthly statements and reports that the Supreme Court requests.

XIII. Grant licenses that do not exceed 15 days, to the staff of your Court, with approval from the Secretariat of the National Defense.

XIV. Start with the Secretariat of the National Defense, the laws and regulations that it deems necessary for the good administration of justice.

XV.- Take books of departure, correspondence, statistics, and other necessary for the service.

XVI.- The others that determine the laws.

ARTICLE 44.- The Military Judges may impose on the personnel their orders, for the faults in which they incur, the disciplinary corrections specified in Article 13 of the Organic Law of the Public Ministry, and in the terms of Articles 14 and 15 thereof, except for the change of membership.

ARTICLE 45.- The Secretaries of the Military Courts will have the following duties and duties:

I.- Be a substitute for the Judge, in his temporary faults.

II.- To care for the subaltern personnel to perform their duties accurately.

III.- Reside in the place where the Courthouse is located.

IV.- Having a free profession in matters other than the Fuero, provided that it is without prejudice to the performance of its tasks.

V.- Impose the subs, disciplinary corrections, that the Judge will graduate.

VI.- Communicate to the Judge all irregularities to be observed at the court's march.

VII.- To monitor the governance books, correspondence, statistics, and other required for the service to the stream.

VIII.-The others that determine the laws.

TRANSIENT

This law will begin to apply from the first day of July of a thousand nine hundred and twenty-nine, with all the above provisions relating to the subject matter being repealed from that date.

Therefore, command is printed, published, circulated, and given due compliance.

Dada at the Palace of the Federal Executive Branch, in Mexico, four days in the month of June of a thousand nine hundred and twenty-nine.-The Provisional President of the Republic, E. Portes Gil.-Rubrica.-El Salvador Secretary of State and Office of War and Navy, J. Amaro.-Heading.-Al C. Deputy Minister of Government, Charge of the Dispatch.-Present. "

What I communicate to you for publication and other purposes.

Effective Suffrage. No Re-election.

Mexico, D. F., at June 15, 1929.

The Assistant Secretary of the Interior, Encharged to the Dispatch, F. Channels.

Al C. ..