Law on Office of the Military Prosecutor

军事检察院法(修订版)

ກົດໝາຍວ່າດ້ວຍ ອົງການໄອຍະການທະຫານ (ສະບັບປັບປຸງ)

Summary

This Law prescribes the organization, functions, and operational procedures of the Military Procuratorate, with the aim of safeguarding judicial fairness and legal supervision within the armed forces. It applies to military procuratorial organs and their personnel, specifying their duties in investigation, public prosecution, and supervision, and defining relevant terms. This revised version of the Law is intended to improve the military judicial system and ensure the exercise of procuratorial authority in accordance with the law.

Articles

Article 1

Article 1: (Amended) Purpose
This Law prescribes the principles, regulations, and measures regarding the organization, activities, and legal supervision of military procuracy, to ensure that military procuratorial work is carried out efficiently and effectively, aiming to protect the interests of the military, protect the legitimate rights and interests of soldiers, defense workers, defense service personnel, and reserve forces when fulfilling the duty of defending the Fatherland, to maintain the military's peace, order, stable legal system, strength, and modernization, contributing to the defense and development of the nation.

Article 2

Article 2. (Amendment) Military Procuratorate
The Military Procuratorate is an agency that supervises the observance and implementation of laws throughout the entire armed forces in accordance with the law, and initiates public prosecutions against defendants before military courts in accordance with the law.

Article 3

Article 3 (Amended) Interpretation of Terms
The terms used in this Law shall have the following meanings:
1. Military Prosecutor’s Office personnel means the Chief Prosecutor, Deputy Chief Prosecutor, Military Prosecutor, Assistant Military Prosecutor, legal professionals, and administrative staff;
2. Military Prosecutor means an officer appointed in accordance with the law and assigned by the Chief Prosecutor of the Military Prosecutor’s Office to perform duties of supervision, investigation, and participation in court hearings;
3. Assistant Military Prosecutor means an officer appointed and assigned to assist the work of the Military Prosecutor;
4. Legal professionals means officers and soldiers who have graduated in law and entered the Military Prosecutor’s Office but have not yet been appointed as Military Prosecutor or Assistant Military Prosecutor;
5. Administrative staff means officers and soldiers assigned to work in the administrative departments of the Military Prosecutor’s Office;
6. Military personnel means active-duty and retired officers and soldiers;
7. Defense workers means officers, soldiers, and personnel working in military factories, enterprises, and business units;
8. Defense service personnel means persons mobilized for military service when deemed necessary;
9. Militia means defense armed forces at the village level responsible for protecting the village, or assigned to cooperate with other forces to protect a specific area;
10. Defense reserve forces means forces not serving in the Lao People’s Army during peacetime but included in the wartime organizational plan of the military, performing duties in emergency periods as a reserve for active-duty forces;
11. Self-defense forces means staff and workers organized and equipped with weapons in agencies, units, and factories, responsible for maintaining peace, security, and order within their scope;
12. Rule of law means strict and correct compliance with and enforcement of the law;
13. Normative documents of the Military Prosecutor’s Office means decisions, orders, directives, and notifications of the Chief Prosecutor of the Military Prosecutor’s Office;
14. Indictment means an order of the Chief Prosecutor of the Military Prosecutor’s Office charging the accused and submitting the case to the Military Court for trial and adjudication;
15. Prosecution statement means the accusatory statement of the Chief Prosecutor of the Military Prosecutor’s Office analyzing the criminal acts of the accused during court hearings;
16. Detention facility means a place where a suspect is held under control within the period prescribed by law;
17. Custody facility means a place where an accused or defendant is held during the proceedings of a case and before the final judgment of the court;
18. Correctional camp means a place where a sentence is executed in accordance with the final judgment of the court.

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