Key Benefits:
Rijkswet of 14 June 1990, revision of military disciplinary law
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down the rules of conduct of the law on military law and to lay down new rules on disciplinary penalties and for the treatment of disciplinary matters;
It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, have taken into account the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:
The both in this state law and in the Penal Code of the European Union Common expressions have the same meaning in both. Article 61 of the Code of Military Criminal Law shall apply.
The penalties, provided for in this Law of the Law, apply to the military which violates a code of conduct of this state law.
1 The rules of conduct of this Law of the Law shall apply:
a. during the time in which the military service does or belongs;
b. In a military place;
c. other than in the cases referred to in points (a) and (b), if and to the extent that the state law provides for the application.
2 Under the time when the military service does or belongs, this state law means the time in which the military is dressed in uniform.
3 Under military location, this state law means a building, terrain, vessel, aircraft or vehicle, which is in use with or for the benefit of the armed forces, or that the military person to stay or use in the performance of his mission in international link or where the military is in military custody.
1 In this Law of State law, 'Commander' means the military who Article 49 to criminal jurisdiction.
2 This state law means that the commanding officer, who is immediately above the commander, shall be subject to complaint. Our Minister of Defence may appoint other military as a plaour under ministerial arrangement. In such a case, the commanding officer shall no longer act as clog-person superior to the commander.
In this law of state law, the accused means the military to whom an accusation has been made on the basis of suspicion based on facts or circumstances that he has infringed a rule of conduct defined by this rule of law.
If a Dutch military belongs to an international military partnership with respect to that Dutch military for the application of Chapter II of this Law on State Law Inter alia:
a. Other military: the foreign military official belonging to that international military grouping;
b. Armed Forces: that international military partnership.
1 In breach of military disciplinary action, the military shall, acting on or making available the service in respect of any given, the service, of a person who is not competent to that effect, to the extent that the obligation to secrecy is given by the person concerned. the case follows.
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
In violation of military disciplinary action, the military is behaving in a way that is not inexcused.
Contrary to the military disciplinary action, the military man whose fault it is to blame for not being able to discharge his service obligations.
Contrary to the military disciplinary action, the military forces engaged in service obligations do not perform or stop these obligations without authorisation.
Contrary to military disciplinary action, he carries out his task as a military careless.
In contrasting military disciplinary action, the military who does not assist any other military or any other person who is otherwise engaged in or for the benefit of the armed forces shall, if and where necessary, be required to do so.
In violation of military disciplinary action, military forces are behaving in a way that is opposed to military services because of their inviviality or invitiability.
1 Contrary to military disciplinary action, the military which prevents, obstructs or departs from the execution of a measure taken in the interests of the military service shall behave in a way that is contrary to the military service.
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
1 In contrasting with the military disciplinary action, the military shall, without need, interfere with any other military or any other person, who is otherwise employed by or for the benefit of the armed forces, in the exercise of his task.
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
In violation of military disciplinary action, the military who does not follow a service order is behaving in a way that does not follow.
The foregoing article shall not apply if the conduct ordered is unlawful or has been deemed unlawful by the military in good faith.
If two or more conflicting service orders have been given, failure to comply with an order that precedes the last persisted with the military disciplinary action is not to follow.
1 Contrary to military disciplinary action, the military man who does not follow a timetable is behaving.
2 The first paragraph shall also apply to the military which does not serve or belong to, and is not in a military place, if the conscription or prohibition laid down in the provision of service relates to the conduct of the military which is to be used is located outside the Netherlands for the performance of his service.
The foregoing article shall not apply if a service order deviating from the provision of service has been complied with.
In contrasting with the military disciplinary action, the military officer shall either stand out or be mocked or mocked by any other military or anyone who is otherwise engaged in or for the benefit of the armed forces in public or in his presence with any evil.
Contrary to military disciplinary action, the military man who knows better in an allegation against, or a complaint about, another soldier, who otherwise is involved in or emits the armed forces in or on behalf of the armed forces, is behaving in a way that is better.
Contrary to military disciplinary action, military forces shall act as if they are adversely affected by the person of another military or of any other person who is otherwise engaged in or for the benefit of military forces.
Contrary to the military disciplinary action, the military man who militates another military or one who is otherwise engaged in or for the benefit of the armed forces, is in danger of being endangered.
In contrasting with the military disciplinary action, the military officer shall not, or do not do not, make a communication, which he must do in accordance with his duties.
1 Contrary to military disciplinary action, the military which, by abusing its influence as several against a lesser person, overhaks, does not behave or tolerate, if any disadvantage to the service, to the lesser or a third party, -
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
1 Contrary to military disciplinary action is the military which by gift, promise, threat or deception is another military man:
a. Prevents the commander from bringing an infringement of a code of conduct as defined in this Law of the Law;
(b) transfer to the falsely informed knowledge of the commander of a breach of a code of conduct as defined in this Law of the Law;
c. Overcomes or dislikes the setting up of an appeal, the making of a complaint or the lodging of a request.
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
Contrary to military disciplinary action, the military who, knowing that a lesser infringement has or has made up a code of conduct of this law on the state of law, shall act in compliance with the measures to be taken.
In violation of military disciplinary action, the military man who gives an unlawful order behaes to a lesser man.
Contrary to the military disciplinary action, the military shall behave in a way which causes or participates in the matter.
1 Contrary to military disciplinary action, the military officer, either orally or in the case of a defence, acts in breach of any rule of conduct laid down in this rule of law, and the military which disseminates such a scripture.
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
Contrary to the military disciplinary procedure, the military which distributs or in any other way makes public a text in a place, a time or in a manner which has been prohibited by the provision of a service provision in the interests of the movement of goods shall behave in a manner which is not Or to prevent obstruction of the service or for the protection of goods or third-party goods.
Contrary to the military disciplinary procedure, the military responsible for infrinating the rules laid down in the provision of services for expression of opinion other than through scripture acts in so far as such rules do not have the content of the military disciplinary act. It shall be expressed in the interests of the movement or the fight against or the prevention of disturbances and disturbances of the orderly conduct of the service.
1 In breach of military discipline, the military holding a demonstration, or taking part in a demonstration, shall act if it is held at a military place without the permission of the competent authority, or if the authorisation is granted refused in the interests of traffic, or because it is reasonable to expect that disturbances will occur or the orderly conduct of the service is likely to be disrupted.
2 In contrasting military disciplinary action, military forces taking part in a demonstration outside a military place in uniform shall act, unless they are in the country where the military has been employed or where he has been employed as an officer in real service; (i) it is only the subject of the conditions of employment generally applicable to the military.
Contrary to the military disciplinary procedure, the military holding a meeting or taking part in a meeting shall act if it is held at a military place without the permission of the competent authority, or if the authorisation is granted refused in the interests of traffic, or because it is reasonable to expect that disturbances will occur or the orderly conduct of the service is likely to be disrupted.
1 Contrary to military discipline, the military who, for the purpose of carrying out the service in the field of a foreign power, behavssome, not the Kingdom, on political activity. The exercise of the right to vote and to stand as a candidate is not included in political activity.
2 The first paragraph shall also apply to the military who does not serve or belong to it, and is not in a military place.
1 Contrary to the military disciplinary procedure, the military which, without being entitled to use the goods or services of the armed forces, of another military or of a person who otherwise at or for the benefit of the armed forces, shall act in breach of the military disciplinary procedure. works, or takes these goods away.
(2) In so far as the goods or services of the armed forces are concerned, the first paragraph shall also apply to the military which does not have or belongs to the service, and which is not in a military place.
Contrary to the military disciplinary action, the military who has handled or maintained careless handling or maintenance of any good, in use with or for the benefit of the armed forces.
In violation of military discipline, the military, dressed in uniform, is behaving in a needlessly sloppy way.
1 Contrary to the military disciplinary procedure, the military shall be liable to damage any good, to the use of, or for the benefit of, the armed forces of any other military or of any other person, who is otherwise engaged in or for the benefit of military force, makes it unusable or unready or makes it away.
2 In so far as it concerns a good in use in or for the purpose of military force, the former member shall also apply to the military which does not have or belongs to the service, and is not in a military place.
In contrasting military disciplinary action, the military which does not respect the space provided for personal use by the other military or any other person, who is otherwise engaged in or for the benefit of the armed forces, shall act on the premises of the military.
The punishments are:
a. Berisping;
(b) fine;
(c) penalty service;
d. out-of-date prohibition.
1 The reprimand consists of a scripture, the model of which is established by our Minister of Defence.
The implementation of the reprimand shall be carried out at the same time as the presentation of the copy of the statement of the judgment.
1 The amount of the fine is at least € 3 and at most € 350. In Aruba these amounts are AWG 6 and AWG 770. In Curaçao and Sint Maarten these amounts are ANG 6 and ANG 770. In the public bodies Bonaire, Sint Eustatius and Saba these amounts are USD 3 and USD 430.
2 A fine cannot be imposed if, under this law, the sum of the fines imposed on the military in a calendar month would exceed USD 860 for the amount of € 700 or in 1840, AWG 1540, or USD 860.
3 Where the violation of a rule of conduct takes place while the military participates in an operation in an international context outside the Kingdom, by way of derogation from the first paragraph, the amount of the fine is € 700 or more than 1840, AWG 1540 USD 860 or less. A fine, applying the preceding sentence, cannot be imposed if, as a result, the sum referred to in paragraph 2, i.e. € 1400 or $3080, AWG, would exceed USD 3080 under USD 1720.
1 The fine must be paid by the stoked person within three days of the award of the copy of the judgment.
2 The commander may grant the person who has been stonewelled at his request a deferral of payment for a maximum period of twenty-eight days.
3 The fine must in any case be paid if the actual stay under the arms of the stoked ends.
1 In the absence of payment within the period laid down in or pursuant to the preceding Article, the fines not paid shall be deducted from the military's salary of the startided person.
2 The inposition shall be carried out by the staff member responsible for the payment of military pay.
3 On the amount to be retained, a surcharge of 10% with a minimum of € 0.45, ANG 1, AWG 1, shall be paid at USD 1, equivalent to the fine on the amount of remuneration to be paid to an underpaid salary.
Rules relating to the recovery, detention, justification and destination of the funds recovered or withheld shall be laid down by, or pursuant to general measures of the State Administration of the State.
1 The penalty service shall consist of the provision of service by the stoked in accordance with his rank, position or function, outside the service of duty applicable to him.
2 The penalty service shall be imposed for a maximum period of three hours at most 10 working days.
3 A soldier does not undergo more than a penalty of criminal service on the same day.
4 A soldier shall not undergo the penalty of criminal service for more than 15 working days per calendar month.
5 If, pursuant to the provisions of the preceding paragraph, a military military does not fully undergo a penalty of punishment imposed on him in a calendar month, he will undergo the remaining part in the next calendar month.
6 The implementation of the criminal prosecution service shall commence as soon as possible after the delivery of the copy of the judgment and shall as far as possible be carried out on consecutive working days. Criminal service shall not be enforced during leave days.
7 It is served by the penalty of criminal service.
8 In the case of dismissal from the military service, the enforcement of criminal proceedings shall cease to be effective at the time when that dismissal is terminated.
9 Without prejudice to the preceding paragraph, the defendant may extend the actual stay under the arms of the person undergoing the penalty of the criminal service until such time as that sentence is served.
10 On the date on which the penalty of the out-of-the-out ban is served, the sentence of criminal service may not also be served.
11 Withdrawal of the penalty shall be suspended by law.
1 The exit ban shall consist of the obligation to be and to remain in the military place or parts thereof to be appointed by the Commander.
2 It shall be possible for the military to be ordered to perform the service in accordance with his rank, position or function during the period of time, which shall be the subject of the penalty of the prohibition on the extradition.
3 The prohibition of elimination shall be imposed for the duration of a maximum of four consecutive days.
4 A military one per calendar month does not spend more than eight days on the penalty of exit ban, and in so far as the implementation takes place, in whole or in part, on weekends, for no more than two consecutive weekends.
5 The third, fifth, seventh, eighth, ninth, 10th and 11th member of Article 47 shall be applicable mutatis mutandis. The Sixth paragraph of Article 47 shall apply mutatis mutandis except that enforcement shall also take place on free days of non-redeemed leave.
6 In the event of violation of the code of conduct of Article 7 is canceled using the Article 79, first paragraph , or if no 90 days have elapsed after the military has issued a judgment declaring him guilty of violation of the same rule of conduct, if the punishment of the out-of-the-law is imposed, by way of derogation from the third party. and the fourth paragraph, the number of days to be imposed by no more than eight days and the number of days not exceeding twelve in a calendar month to be prohibited.
1 The power to impose punishments on military personnel under his orders is due to:
a. The commanding officer of a warship, establishment of the navy, compagnie, eskadron, battery or squadron;
b. The commanding officer of a military unit, appointed by our Minister of Defence, other than those mentioned under (a).
2 On board a warship, the power to impose penalties on military personnel who have been boarded up on that ship shall apply solely to the commanding officer of that ship.
3 If a commanding officer as referred to in subparagraph (a) or (b) himself is the person suspected of having violated a rule of conduct defined by this Law of Law, the power to impose penalties shall be granted to the person concerned. immediately above him having a commanding superior.
4 The power to impose penalties shall apply to a commanding officer referred to in paragraph 1 immediately above a commanding officer referred to in the first paragraph, in the case of one in one of the following cases: Articles 20-23 defined conduct against the person of the military commanding officer referred to in the first paragraph.
5 If a military of whom is suspected of having violated a rule of conduct defined in this Law of the Law, is higher or above the rank of a commanding officer as referred to in paragraph 1, the power to impose penalties shall be applied to the command immediately above the latter, which is superior to a higher grade than the former.
6 If, in the cases referred to in the third, fourth or fifth paragraph, the commanding officer, designated in the third, fourth or fifth member, is not liable to disciplinary proceedings within the Article 53, first paragraph The said period shall be:
a. The disciplinary process shall be held by the military order referred to in paragraph 1 in the case referred to in the fourth paragraph;
(b) that period shall be extended by 21 days in the cases referred to in the third or fifth paragraph.
1 The power to suspend or suspend either the execution of a penalty of a fine other than € 35, ANG 75, AWG 75, USD 42, criminal service or the prohibition of the extradition, or, after the period of the period referred to, Article 80a, first paragraph , and outside of the case that complained against the ruling, to nulhout, amend, in punishment of reprimand, within the prescribed penalty type to reduce or amend the penalty rate in a decision as intended in the sentence. Article 74, third paragraph , will be due to:
a. The Commander;
b. The clothed multiple.
2 For the purpose of nullification or reduction of the penalty or of a change in the penalty of reprimand or in a judgment as referred to in Article 74, third paragraph , is Article 98 applicable mutatis mutandis, except in the case of cases where the person who reduces, nulis, amends or decides not to impose penalties.
1 The disciplinary process at first instance starts with the award by, or on behalf of, the commander to the military, who is suspected of having violated a rule of conduct defined in this rule of law, of a written piece, the accusation, of which he/she is implies a description of this violation.
2 The commander shall retain a copy of the charge.
3 The date of the award shall be indicated in the copy referred to in the preceding paragraph.
4 On the basis of the same conduct, an accusation can be made only once.
5 Amendment of the charge is possible before the investigation begins. Under no circumstances shall it be admitted that the allegation is no longer the same conduct as it is in the sense of Article 52 (b) would hold. The change shall be communicated to the accused in writing without delay, but in any event before the investigation begins.
The accusation states:
a. The name, rank and military unit of the relevant military;
(b) the definition of one or more types of behaviour likely to constitute the violation of one or more of the rules of conduct, stating the facts and circumstances on which that presumption is based and stating the time and place where that conduct or practice is based. conduct took place;
(c) the communication that the commander has decided to carry out an investigation on the matter;
d. the article or the articles on the basis of which the accusation is issued.
1 Except Article 49, sixth paragraph No charge shall be issued if 21 days have elapsed after the conduct of the conduct or, as far as it is concerned, a suspected breach of one of the rules of conduct defined in the Articles 6 , 23 , 26 , 37 or 39 , if 21 days have elapsed after the conduct was discovered or, if application has been given to Article 78, first paragraph , or 79, 1st Member , if 21 days have elapsed after the decision of the prosecutor has come to the knowledge of the commander.
2 No accusation shall be issued to the person who is no longer residing under the arms.
3 The period referred to in paragraph 1 shall be 60 days if the allegation indicates that the conduct has taken place while the military takes part in an operation in international context outside the Kingdom and the military and the military Commander, for reasons of service, do not reside in the same country at the time when the conduct ended according to the allegation.
4 For the purpose of determining the duration of the period within which an accusation may be issued as referred to in paragraph 1, the days on which leave is granted to the military to whom the commander intends to issue an allegation shall be issued, or the days when this military officer is absent from his/her unit due to sickness or unauthorised absence.
5 No accusation shall be issued if facts or circumstances reveal whether or not it is reasonable to suspect that 60 days have elapsed after the conduct took place.
6 When application is given to Article 78, first paragraph , or 79, 1st Member , the period referred to in paragraph 5 shall be extended by 30 days.
7 An accusation, issued in violation of the preceding paragraphs, shall be withdrawn.
1 The disciplinary process at first instance ends:
a. with a decision as intended in the Articles 53, seventh paragraph , 76, 1st Member , 78, second paragraph , or 80, sixth Member ;
(b) If, after 21 days since the commencement of the disciplinary process, no decision has been taken as intended to be taken into account, the Article 76, first paragraph , subject to the extension of that period due to the Articles 59, second paragraph , 64, second or third members , or 80, 1st Member ;
(c) by way of automatic dismissal from the military service.
2 Except in case pronunciation was made as referred to in Article 76, first paragraph , the commander shall inform the accused in writing that the disciplinary process has ended.
The actual stay under the arms can be extended by the beklagsuperior for holding a disciplinary process at first instance, except in the case of the Article 80, first paragraph .
1 The accused may at any stage of the disciplinary process at first instance be assisted by a trust man.
(2) The preceding paragraph shall be communicated to the accused in the issuing of the accusation.
1 The person of trust may be chosen by the accused from the military and civilian personnel employed in the department of defence and stationed on the same ship, in the same establishment or barracks, or on the same ship. base or at the same part as the accused.
2 In special cases, the Commander may also permit other persons as a trust man.
Co-accused in the same case are not admitted as a trust man.
1 The commander may rule out the trust man for the remainder of the disciplinary process at first instance because of disruption to the orderly handling of the case.
2 In the event of the exclusion of his trust, the accused shall be given the opportunity to choose a new man of trust within 24 hours. The period referred to in Article 54, first paragraph, point (b) , in that case, shall be extended by one day.
The gig as a trust man is a service.
1 The commander may hear the accused in preparation for the investigation. Article 67 shall apply mutatis mutandis.
2 The commander can hear and hear expert witnesses and experts at any stage of the disciplinary process.
3 The declarations of the persons heard pursuant to paragraphs 1 and 2 shall be recorded in writing.
After the award of the accusation, the accused and his trust-man may recognize the documents relating to the case, unless the importance of the confidentiality of data or the interests of third parties precluded it.
1 The commander shall call the accused in writing for the investigation.
2 The investigation does not begin earlier than 24 hours after the graduation of the allegation.
3 If the accused in order to request a previous treatment, the Commander may decide to do so.
1 The accused is required to appear.
2 If the accused does not appear due to a weighty reason of being prevented from attending, the commander shall suspend or suspend the investigation. The period referred to in Article 54, first paragraph, point (b) , in that case, shall be extended for the duration of the suspension or suspension, but not more than 21 days.
3 If the accused does not appear without a weighty reason of being prevented from attending, the commander shall suspend or suspend the investigation for certain periods of time and the accused shall be called in writing once more. He shall be empowered to order the notification of the accused. The second sentence of the preceding paragraph shall apply.
1 The commander shall call the witnesses and experts, whose appearance he considers necessary.
2 The accused and his trust man may request that other witnesses and experts be heard as well. The commander shall comply with this request, unless the investigation is thereby adversely affected or the request is manifestly unreasonable.
3 Witnesses and experts are required to appear.
4 With regard to witnesses and experts, the Articles 217-219 of the Code of Criminal Procedure applicable mutatis mutandis.
5 The compensation of expenses incurred by witnesses and experts shall be made in accordance with general rules of the State Administration.
1 The commander shall keep the investigation on the basis of the charge.
2 The investigation is not public.
The accused is not obliged to answer. This shall be notified to him before or at the beginning of the investigation.
1 The commander shall hear the accused, the witnesses and the experts.
2 He states the accused and the trust man in the opportunity to ask the witnesses and experts, through his intervention, to ask questions.
3 He gives the confidence man the opportunity to speak.
The accused shall be given the last word for the conclusion of the investigation.
The following shall only be recognised as evidence:
a. Own observation by the commander of a conduct described in the allegation;
b. Own observation by the commander during the investigation;
c. statements by the accused;
d. statements made by a witness;
e. expert's statements;
f. writings.
In themselves, there is sufficient basis for the conviction that the conduct described in the allegation has taken place:
a. the self-perception mentioned in the previous article under A ;
b. the observation contained in a witness statement or written observation of a conduct described in the allegation, by a military or other official, who, by virtue of his function or grade, has been subject with any supervision of conduct compliance -
Facts or circumstances of general prominence need not prove.
After the conclusion of the examination, the commander shall review his or her contents by means of the contents of the Article 70 the evidence cited has been held to the effect that an alleged conduct of the accused has taken place and, in the affirmative, whether this constitutes a breach of a rule of conduct.
1 If the commander considers that a rule of conduct has been violated, he shall consider the imposition of punishment.
2 Eight the commander punishable the accused, then he imposes a sentence in this state law on.
3 If the commander considers it advisable in relation to the minor importance of the conduct, or in the light of the person of the accused or his personal circumstances, he shall not impose any penalty.
4 In cases other than those referred to in the second and third paragraphs, the Commander shall speak the accused freely.
Punishment of a military man who has violated one or more of the rules of conduct referred to in this Law on the Law of State shall be subject to a penalty.
1 After the conclusion of the examination, the commander shall decide no later than the next working day. This decision shall be laid down in a written document, the ruling.
2 The ruling shall be issued by or on behalf of the commander without delay to the accused.
3 The date of award shall be entered in the judgment and on the copy referred to in the second paragraph.
In any event, the Award shall state:
a. The name, rank and military unit of the accused;
b. the proven conduct or conduct;
c. the violated behavior rule or rules of conduct;
d. the decision.
1 The commander considers that a conduct notified to him is a criminal offence, and he is obliged to make a declaration to an investigation officer without delay, except in the case of compliance with the conditions laid down in that order. on the basis of the provisions of Article 59 of the Code of Military Criminal Law .
2 If, after the award of the accusation, the commander finds that the conduct is a criminal offence, he shall withdraw the charge if he has not yet come to a verdict.
1 If an conduct in the judgment of the Commander presents any of the offences defined in the Articles 267, introductory wording and below 1 ° and 2 ° , 300, 1st Member , 310 , 311, first paragraph, introductory wording and below 4 ° and 5 ° , 321 or 350 of the Code of Criminal Law or defined in the Articles 96, introductory wording and below 2 ° and 3 ° , 98, introductory wording and below 2 ° , 166 or 169 of the Code of Military Criminal Law except that the duration of the Articles 96 and 98 of the Code of Military Criminal Law the unauthorised absence shall be not more than eight days and the public prosecutor shall be in the Article 81, first paragraph , if the court referred to it, informs the commander that it is in agreement with disciplinary proceedings, the Commander may issue an accusation, in so far as the conduct also constitutes the violation of a rule of conduct of that law. Notice of the communication from the Public Prosecutor ' s Office shall be made in the document provided for in Article 76, first paragraph .
2 The commander shall send notice of the outcome of the disciplinary process at the end of the disciplinary process to the prosecutor's office at the time of the end of the disciplinary process. Article 81, first paragraph That court of law.
3 The application of the provisions of the first paragraph shall not affect the formal right to criminal proceedings of the Public Prosecutor's Office. If the offence is cancelled with the application of Article 74 of the Code of Criminal Law In the case of a claim for a declaration of guilt by the courts, a penalty shall be taken into account in the lodging of a penalty, account being taken of the violation of a rule of conduct of that State law. imposed penalty.
1 If, during the disciplinary process, the commander considers that a conduct described in the allegation does not constitute a breach of a provision of services, because that conscription, in his judgment, is contrary to a higher system, he shall suspend the disciplinary process in so far as this behaviour is concerned. The period referred to in Article 54, first paragraph, point (b) , in that case, the duration of the suspension shall be extended.
2 He calls on the alleged ironing in writing the decision of the in Article 81, first paragraph , the court referred to above, on production of the documents relating to the case.
3 If the court decides that the conscription is not contrary to a higher rule, it shall communicate that decision to the commander. It shall resume the disciplinary process in accordance with that decision.
4 If the disciplinary process for other conduct has been continued and ended by a judgment, the commander shall resume disciplinary proceedings after receiving the decision of the court of first instance. The commander shall respect the ruling given by him. Article 75 does not apply except that a sentence to be imposed must be similar to the penalty already imposed and the total maximum shall not exceed the maximum.
5 If the Commander has already taken a decision as referred to in Article 74, third paragraph , whether the punishment of reprimand has been imposed, can still be imposed on a punishment or other punishment.
6 If the court decides that the conscription on which his decision has been sought is contrary to a higher rule, it shall speak the accused in respect of the conduct referred to in the first paragraph.
7 No further provision shall be open to the court's decision.
1 The stung may be clothed within five days of the presentation of the copy of the judgment in the case of the person in the complaint.
2. The person concerned shall be understood as the person in whose regard a decision has been taken as intended to Article 74, third paragraph .
3 The person who has been stung may also be in a position to make the decision of the Commander in respect of the procedure for implementing a sentence of criminal service or of the decision of the Court of First Time on several subjects.
1 The complaint shall be made in the case of plaice, which shall be submitted to the commander.
2 The complaint procedure shall commence with the submission of the complaint to the commander.
3 As the day of transmission, the day of receipt of the notification shall be carried out by or on behalf of the commander. The receipt day shall immediately be recorded on the document.
1 The commander shall forward the plaits without delay to the beklagsuperior.
2 He adds to all the documents relating to the case, together with the means of proof under which he has been convinced that a conduct as described in the allegation has taken place.
1 Where the document is intended to be taken after the time limit of the complaint Article 80a, first paragraph , has been submitted, the complainant shall declare that it is not admissible. This declaration shall be recorded in a written document issued to the stoked person. The date of the award shall be recorded in writing.
2 In respect of a document lodged after the expiry of the time limit, the declaration of inadmissibility shall not be inadmissible if it cannot reasonably be held that the person who had been arrested has not been in default. A decision on the matter is justified.
1 The stopped can be assisted by a trust man at any stage of the complaint procedure.
2 The Articles 57 , 58 , 59, with the exception of the last sentence of the second paragraph , and 60 shall be applied mutatis mutandis subject to the condition that the commander is read more than one person.
1 The plaice can be heard to be heard in preparation for the examination of beplag.
2 The gestraffed is mandatory to appear. Article 80i, second paragraph, first sentence , shall apply mutatis mutandis. The gestraffed is not obliged to answer. This shall be notified to him before or at the start of the preparatory work.
3 The complaint may be heard by the commander, witnesses and experts at any stage of the complaint procedure.
4 The statements of the persons heard shall be recorded in writing.
1 The complaint number determines on which day the inquiry will commence on beplage. The day may not be determined later than the 30th day after the day of the submission of the complaint.
2 The days on which the stoked and the accused are not in the same country for reasons of service, do not count for the determination of the period of time mentioned in paragraph 1.
1 The gestraffed shall be called by or on behalf of the complaint multiple in writing for the investigation of beklag. This examination shall not commence earlier than on the second day following the day on which the convocation was issued to the stoked person, unless the person who has been strapled is requested to do so. Article 62 shall be applied mutatis mutandis subject to the notice of summoning of the charge.
2 The complaint shall call upon the commander, witnesses and experts whose appearance he considers necessary.
3 The gestraffed and his trust man may request that other witnesses and experts be heard as well. The complaint number shall comply with this request, unless such request is adversely affected by the investigation or if the request is manifestly unreasonable.
4 Article 65, third, fourth and fifth paragraphs , is applicable.
1 The beklagsuperior is obliged to hear the gestated in person during the investigation on beplag, unless it has been heard as intended in Article 80f, first paragraph , and to know it has given on hearing in person not to set a prize and the accused person does not need to hear it in person.
2 If the stoked does not appear on account of an important reason for being prevented from being prevented from attending, the plasterboard shall suspend or suspend examination of the plaid. The period referred to in Article 80r, second paragraph, point (b) , in that case, it shall be extended for the duration of the suspension or suspension.
3 If the stoked does not appear without a weighty reason of being prevented from doing so, the beklagsuperior shall continue the complaint.
1 The complainant shall keep the investigation on the basis of the charge.
2 The examination of beplag shall not be public.
The gestraffed is not obliged to answer. This shall be notified to him before or at the beginning of the investigation.
1 The complaint shall be heard by the commander, witnesses and experts if they have been summoned.
2 He enables the gestated and the trust man to ask the commander, the witnesses and the experts, through his intervention, to ask questions.
3 He gives the confidence man the opportunity to speak.
The stung shall be given the last word for the conclusion of the inquiry on the complaint.
As regards the means of proof, the provisions of Paragraph 5 of Title I of this Chapter applicable. It is also recognised as evidence of self-perception by the plaice of the plaice during the investigation.
1 After the conclusion of the examination, the complaint shall consider himself or he shall examine the contents of the Article 80n the means of evidence provided has been held to the effect that an offence defined in the allegation has taken place, and whether this constitutes a breach of a rule of conduct.
2 With respect to a beplag as referred to in Article 80a, third paragraph It shall be assessed by means of the person concerned on the basis of the statement of reasons given by the Commander, or whether the manner of its implementation can be regarded as appropriate.
After the conclusion of the investigation, the complaint shall be decided by several minutes at the latest on the following working day.
2 The decision of the complaint is worded as follows:
(a) confirmation of the contested decision, if necessary with improvement or completion;
b. Confirmation of the contested statement of debt, if necessary with improvement or supplement, with reduction of the penalty level within the prescribed penalty type;
c. confirmation of the contested statement of debt, if necessary with any improvement or supplement, with modification of the penalty imposed in the penalty of reprimand;
d. confirmation of the contested statement of debt, if necessary with any improvement or supplement, with a remedy of the penalty;
e. acquittal;
f. Confirmation of the contested statement of debt, if necessary with improvement or supplement, with declaration that no penalty has been imposed or that the sentence imposed is inadequate and reference to the in Article 81, first paragraph That court of law.
3 If a clog is done as intended Article 80a, third paragraph , the complainant shall declare this complaint in whole or in part justified or unfounded in a reasoned written decision. If a complaint is fully or partially based, the complaint shall determine, according to the rules to be determined by or under the general measure of the Management Board, the manner in which the damage suffered by the said decision shall be restored.
4 The decision at first instance is destroyed:
a. if any Title I of this Chapter has been breached;
b. if any form other than those referred to in (a) is not accepted and can reasonably be assumed to have been damaged by the stoked in his defence.
1 The decision shall be fixed in a written document, the ruling on complag. Article 77 shall apply.
2 The complaint shall be sent to the commander without delay by the beklagseveral. A copy of the judgment shall be issued by or on behalf of the commander to the stoked person without delay. The date of award shall be made on the basis of the judgment and on the statement issued.
3 If the ruling on complag involves a reference to the said communication at the time of the award.
1 The complaint procedure ends with a decision as intended in the Articles 80d, first paragraph , or 80p, 2nd or 3rd Member .
2 The procedure for the complaint shall cease to be automatic and the decision against which the complaint was made shall be void of law:
a. if within the following Article 80g no investigation has been started on beplag provided for in the prescribed period;
b. if a 30-day expiry date has been taken after the inquiry has been started on the complaint and no decision is made as a result of the investigation. Article 80p, second or third paragraph -It's taken.
The failure of the procedure to complete the procedure shall be laid down in a written document issued to the stoked person.
3 Article 50, second paragraph , shall apply by analogy, it being understood that the complainant is responsible for the implementation.
(1) After a copy of the judgment is given to the person who has been stung, as intended for Article 80p, second paragraph, point (f) , has been awarded, the commander shall forward the ruling to the court without delay.
2 In the case of the treatment and adjution of the body after referral, the provisions of Section 2 of Title II applicable mutatis mutandis.
Where the enforcement of the sentence imposed has been suspended or suspended, the sentence or the remainder of the sentence shall be enforced as soon as possible if the decision of the accused person gives rise to that effect.
1 The person concerned may institute proceedings before the court of first instance, which is the subject of the provisions of the Law on military criminal justice would have been empowered, if the conduct concerned would have resulted in a crime. The appeal shall be lodged within five days from the date of issue:
a. of a written document as referred to in Article 80d, first paragraph ;
b. of a copy of a judgment on beplage.
2 Article 80a, second paragraph , shall apply mutatis mutandis.
3 The beklagsuperior may, within five days after the expiry of the period specified in Article 80a, first paragraph , and no complaint has been made, at the court referred to in paragraph 1, appeal to the ground that, in his judgment, no penalty has been imposed or the sentence imposed is not sufficient.
4 If the complainant has given an opinion on the method of implementation as referred to in Article 4 (2) the third paragraph of Article 80a May also be subject to the judgment of the court of first instance by means of proceedings for the enforcement of the sentence of criminal proceedings or of the prohibition on the extradition.
1 The appeal shall be lodged with appeal, which shall be filed with the commander.
2 The commander shall forward the appeal to the court without delay. The commander and the complainant shall add all the documents relating to the case, together with the means of proof on the basis of which they have been convinced that a conduct as defined in the allegation has taken place.
3 If the appeal is lodged by the complaint, the commander shall notify the person to whom the ruling relates.
The day of transmission shall be the day of receipt of the appeal by or on behalf of the commander. The date of receipt shall be the subject of the notice of appeal.
No statement of inadmissibility shall be omitted from the notice of appeal after the period of appeal if it cannot reasonably be held that the person lodging the appeal has been in default. A decision on the matter is justified.
Once the appeal is filed, the chair of the military chamber, intended to Article 87 , suspend or suspend the enforcement of a penalty of criminal service or of the extradition prohibition. This shall be recorded in the notice of appeal.
The Registrar of the Court of First Instance shall, as soon as possible, make copies of the appeal and of the documents relating to the case at the disposal of the public prosecutor's office.
1 The appeal shall be dealt with as soon as possible by a multiple military chamber at the time of Article 81 Such court.
2 The chairperson of the military chamber shall determine the day on which the appeal is to be granted.
3 Article 17, 11th paragraph of the Military Criminal Justice Act shall apply mutatis mutandis, subject to the condition that the Registrar shall carry out the transfer.
1 The Registrar shall be required to meet the staff members.
2 The period of summons shall be at least six days. At the request of the stoked, this period may be reduced.
3 If the stoked does not appear and the court considers his presence to be necessary in person, it shall prepare the treatment for some time and order the convocation of the gestraffed.
4 If the gestated again does not appear, the court may annerate the appeal.
1 Where proceedings are brought by the accused person, they shall be summoned by the Registrar and the person to whom the judgment relates. The period of summons shall be at least six days.
2 If the plaits does not appear and the court considers his presence in person to be necessary, it shall prepare the treatment for certain periods of time and order its summons.
3 If the complaint of the complaint does not appear again, the court of first instance may annaL the appeal.
1 The President shall determine which witnesses and experts will be called. Article 65, second paragraph , shall be applied mutatis mutandis on the understanding that the application must have entered at least three days prior to the examination.
2 The invocation shall be carried out by the Registrar.
3 Witnesses and experts are required to appear.
4 For witnesses is Article 290 (4) , and for experts Article 51m, second paragraph, of the Code of Criminal Procedure applicable mutatis mutandis.
5 Article 65, fourth and fifth paragraphs , is applicable.
The Ministry of Public Prosecutor's office may, if necessary in the course of examining the appeal, make its judgment on the case to the Military Chamber.
1 The person who has been stoked may assist in the treatment of his profession by a man of trust.
2 The Articles 57 , 58 , 59, 1st Member , and 60 shall be applicable mutatis mutandis.
3 As a trust man can also act as a lawyer.
4 The chairman may add the gestated to a lawyer as a trust man. Any request to that effect must have been lodged with the court at least three days before the application was given.
5 The provisions of the preceding paragraphs shall be communicated to the staff at the time of summons.
6 The lawyer added in accordance with the fourth paragraph shall receive remuneration and reimbursement of expenses incurred by him in accordance with general rules of the State Administration.
7 The preceding provisions shall apply mutatis mutandis to the person to whom the judgment relates if the appeal is lodged by the complaint.
1 The proceedings of the appeal shall be given in open court. The chairman shall be in charge of the treatment. He may, at the request of the stoked, the commander or the complaint, or on grounds of public order, order that the treatment is carried out behind closed doors.
2 The Articles 62 , 67-69 , 74 and 75 shall be applicable mutatis mutandis, except that military room shall be read as commander in office.
3 With regard to the means of proof, Article 80n applicable. It is also recognised as evidence of its own observation by the military chamber during the investigation.
4 After the conclusion of the investigation, the military chamber shall consider whether the contents of the means of proof referred to in paragraph 3 have received the conviction that an offence defined in the allegation has taken place and that the person concerned has been in the affirmative, whether this constitutes a breach of a rule of conduct.
1 The military chamber may either make an interview in writing or carry out the interview with one of its members or a criminal investigation officer.
2 The member of the military chamber is sworn in, if, in his judgment, there is a reasonable suspicion that the witness will not be able to appear at the hearing, the witness shall be the witness that he will say the whole truth and nothing but the truth.
3 The expert is sworn in by the member of the military chamber that he will perform his task to his conscience.
(4) The reason for the swearing-in referred to in paragraph 2 shall be reported in the minutes.
1 The court of first instance shall, no later than 14 days after the end of the examination of the appeal, in a written and reasoned statement.
2 The preliminary reading of the judgment in appeal shall be made in public and the ruling shall be served on the basis of the strapled in person.
3 A copy of the judgment shall be sent to the commander, the defendant, and to our Minister of Defence.
1 The court of first instance declares that it is not competent to take note of the action, declares that the appeal is inadmissible, or confirms the decision appealed against, if necessary with its improvement or its completion, or does not make the case known to it partial destruction of that decision.
2 If an appeal is instituted as referred to in Article 81, fourth paragraph , the court, in a reasoned decision, shall declare that action wholly or partly founded or unfounded.
The decision at which appeal is lodged shall be destroyed:
a. If any in the Titles I or IA of this chapter has been breached;
b. If any other form other than A It is not intended to be accepted and it can reasonably be assumed that it has been adversely affected by its defence.
If, in the appeal proceedings, a sentence of criminal service or from the extradition prohibition is already or wholly enforced or reduced, or a profession as referred to in Article 4 (1) is applicable to the decision on appeal, Article 81, fourth paragraph The Court of First Instance shall, in whole or in part, determine, according to the rules to be determined by or pursuant to general rules of the State, how it will be restored to a disadvantage suffered by the injured party.
If the enforcement of the sentence imposed has been suspended or suspended, if the decision of the court so provides, the sentence or the remainder of the sentence shall be enforced as soon as possible.
The appeal shall not open any further provision, without prejudice to the powers of the Attorney General of the High Court for the provision of cassation for the sake of the law.
If the appeal is filed with a mobile court, the provisions of this paragraph relating to the military chamber shall apply mutatis mutandis.
1 In the case of discovery in the act of act, where special circumstances require immediate action, each person shall be empowered to hold the person suspected of infringement of a rule of conduct and to conduct him to a place of hearing. Article 128 of the Code of Criminal Procedure shall apply mutatis mutandis.
2 The superior shall be entitled to any lesser charge to grant him assistance in the case of guidance.
3 If the superior cannot leave the place of arrest immediately, he shall be entitled to claim any lesser charge for guidance.
1 The commander shall be empowered to act as referred to in the Article 30 or 31 , or any other object of which he may reasonably assume that it may serve as evidence of the violation of a rule of conduct, to be taken into account or to be taken.
2 If the commander is not present and his action cannot be held, or if the perpetrator of the breach of a rule of conduct is unknown, the power referred to in the preceding paragraph shall also be addressed by Our Minister of Defence. designated officials.
3 The text of the text or article referred to in paragraph 1 shall be made available to the rightholder as soon as possible, but in any event:
a. As soon as the commander decides not to issue an accusation;
b. as soon as it appears that no charge can be issued under the provisions of Article 53, first, second or fifth members ;
c. 10 days after the award of the judgment at first instance, if no complaint has been made or appeal has been lodged;
d. Five days after the award of a judgment on plaid which does not include a reference as intended Article 80p, second paragraph, point (f) , if no appeal has been lodged;
e. as soon as the disciplinary process ends in a different way;
f. in the appeal ruling.
4 If application is given to Article 78 by way of derogation from the third paragraph, it shall be made available to the investigating officer or shall be subject to the information provided by the investigating officer. Such posting shall be deemed to be an seizure by a criminal investigation officer as intended for the purposes of the decision. Code of Criminal Procedure .
5 The text of the text referred to in paragraph 1 shall be made available to the rightholder for a period of six months in accordance with the rules governing the general measure taken by the State Management Board. If the return has not been possible, the text or article shall be destroyed.
1 On the insertion of a scripted or article as referred to in Article 103 the rightholder may complain to the President of the Military Chamber in writing within 5 days Article 87 .
2 With regard to the method of lodging the lamination, the Articles 82 , 83 and 84 applicable mutatis mutandis.
3 The chairman of the military chamber shall, as soon as possible, give a reasoned order after the complainant has been given an opportunity to be heard.
4 The President of the Military Chamber considers that it is well founded, that it shall order that the written or article be made available to the rightholder as soon as possible, if it has not yet been effected on the basis of the judgment in the military chamber. Article 103, third paragraph .
5 A copy of the order is handed out to the complainant and to the person who has taken or is taking part in the writing or article.
6 No further provision shall be open to the decision.
Without prejudice to the provisions of the Geneva Convention relating to the treatment of prisoners of war, of 12 August 1949, this Law of Law, with the exception of: Chapter III , from corresponding application to prisoners of war and other persons who have been interned, as a result of Article 65 of the Code of Military Criminal Law In part, the Dutch military is treated as equivalent, subject to the following:
a. the penalties, described in Article 89, first paragraph , from the abovementioned Convention, are deemed to be provided for in this Law of the Law;
b. relating to the implementation of the penalty, described in Article 89, first paragraph, point 1 of the abovementioned convention, the Articles 44-46 of this State Act apply mutatis mutandis;
c. the implementation of the penalty, described in Article 89, first paragraph, point 4 of the said Convention, to be laid down by a general measure taken by the State Administration;
d. the seizing, intended in Article 93, second and third paragraphs , from the abovementioned convention, are considered to be infringements of rules of conduct of that law, while in respect of those facts it is alleged to Article 78 of this Law on State Law does not apply.
The Law on the Cretaceous Law is repealed, subject to the provisions of the following Articles.
1 The authorities competent to apply to the penalties provided for in Articles 39 to 43 of the Law on Martial Law at the time of the entry into force of this Law of the Law, or in the case of the competent authorities responsible pursuant to Article 61 of that Law for the treatment of a complaint, Cases pending concerning the conduct of the proceedings referred to in Article 2 of that Law shall be treated and done in accordance with the procedures laid down in that Act several times by that authority. Penalties other than those provided for by this law cannot be imposed.
2 If, at the time of entry into force of this Law on the Law of the Law of the Court, the time limit laid down in Article 62 of the Cretaceous Law, or of the option of making the final decision of the High Military Law pursuant to Article 67 of that Law, The Court of Justice has not yet passed the Court of Justice, which must be given the right to appeal to the Court of Justice in the form of an appeal, to the rules set out in the Court of Justice. Chapter V, Title II , of this State Law, and with the application of those rules to be dealt with and done.
3 Cases concerning the revocation of a final decision pursuant to Article 67 of the Law on Martial Law, pending at the time of the entry into force of this Law on the Law of the High Military Court, shall be held in the form in which it is to be have been transferred to the court which is the subject of Article 81 of this Law of Law is competent to deal with the appeal of disciplinary judgments, and has been dealt with and done by that court.
1 Against decisions of the Supreme Military Court, taken pursuant to Article 67 of the Law on Martial Law, which have not yet become final at the time of the entry into force of this Law on the Law of the Law of the Netherlands and against which there is no appeal in cassation The Court of Justice may, within 14 days of the ruling, be subject to the manner prescribed for the setting up of a cassation against judgments of the Gerechtshof, Arnhem.
2 If the Supreme Court of Justice annuls a decision of the Supreme Military Court, taken pursuant to Article 67 of the Cretaceous Law, after the time of entry into the Law of the Law of the Law of the Law of the Law of the Court of Justice, if not by the High Court of Justice, The Council itself shall be called upon to refer the matter to the court of first instance. Article 81 of this Dutch law.
3 In cases where application is given to Article 107, third paragraph , of this Law on the Law of the Netherlands, to the extent that they concern a criminal offence, the provisions of the Law of 22 February 1979 ( Stb. 69) establishing the remedies of cassation, cassation in the interests of the law and review of the right of appeal against the decision of the court of first instance. The preceding paragraph shall apply mutatis mutandis.
The military punishments, under the Cretaceous Act for the time of entry into force of this Law of the Law, or with the application of Article 107, first paragraph, of this Law on the Law of the Netherlands imposed, shall be implemented in accordance with the manner established by or under that law.
The General Term Act (Law of 25 July 1964, Stb. 314) shall apply.
This Law of the State can be cited as a 'Law on Military Law'.
This Law on the Law of the Netherlands shall enter into force on a date to be determined by Royal Decree.
Burdens and orders that are in the State Sheet , in the Official Journal of the Netherlands Antilles and in the Aprator of Aruba will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 14 June 1990
Beatrix
The Minister of Defence,
A. L. ter Beek
The Minister of Justice,
E. M. H. Hirsch Ballin
Published on the 19th July 1990The Minister of Justice,
E. M. H. Hirsch Ballin
