Overview

In this study, we review the various hurdles that a legal case has to jump through, from the initiation of the public prosecution to the referral of the case to the trial court. The speed with which cases brought before the military courts are dealt with is a requirement of the order and discipline that must prevail at all times within the army. However, speed should not be confused with haste, which often leads to injustice. On the contrary, speed must be synonymous with technicality, rigour and, above all, scrupulous respect for the principles of a clear, transparent procedure that is mindful of the interests of the community and the legitimate concerns of victims and defendants. This is why the code judiciaire militaire, a tool par excellence for magistrates and court officers, must be understood and handled with great care, and its provisions must not be taken in isolation. Rather, they should be placed in the general context of the law in order to understand its spirit.

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