Traduction de «code pénal militaire » (Français → Anglais) :

A final point is that, in my limited understanding — I have to stress my limited understanding — of both the Canadian Criminal Code and the Code of Service Discipline, it states that in order for a service person to be held criminally liable, they have to have the necessary intent and knowledge requirements.

If it is a criminal offence, it is still tried under the Code of Service Discipline by a military court and it will form part of his record.

Turkey must make more efforts as regards freedom of expression (in particular by repealing Article 301 of the Penal Code), freedom of religion, women's rights, minority rights and trade union rights, the strengthening of civilian democratic control over the military and the harmonisation of law enforcement and judicial practices.

Furthermore, my government supported the approval of a new Military Penal Code which includes significant advances with regard to the competence of the civil courts to judge the military with regard to crimes such as genocide, enforced abduction and torture and we have signed up to the Statute of the International Criminal Court.

As a result, members of the military convicted by a court martial of an offence of a sexual nature were not required to comply with the SOIRA. Amendments were therefore made in Bill S-3, An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act,9 to harmonize the military justice system with the criminal justice system.

Particular attention has been drawn to aspects of the military justice system that reflect a disparity of treatment between soldiers and civilians or among military personnel, such as the lack of certain traditional criminal law safeguards at summary trials; the fact that only junior ranks (privates and corporals(3)) and non-commissioned officers (master-corporals and sergeants) can be summarily sentenced to detention or reduction in rank; the considerable discretion of commanding officers in deciding to proceed with or dismiss charges, possibly including even very serious criminal charges; and the fact that persons exercising judicia ...[+++]l functions (or what would be judicial functions in the civilian system) are often members of the chain of command who have no legal training and who have other apparently conflicting responsibilities for administering the Code of Service Discipline.