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you are here: > UCADIAN Military Code
> Article 123
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20. General
principles of military defense
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| Article 123-Permitted primary military defense | ||
| 123.1 | Permitted primary military defense | |
| A permitted primary military defense is any central theme/argument upon which a military attorney or a defendant (in self-representation) base their defense of one or more charges. | ||
| Under the Military Code, only a limited set of primary military defenses are permitted: | ||
| 1. Innocence by fact(s) | ||
| 2. Innocence by ommission/inconclusive fact(s) | ||
| 3. Innocence by procedural injustice | ||
| 3. Guilt with mitigating circumstances | ||
| 4. Guilt with lawful excuse | ||
| 5. Guilt by fact(s) | ||
| 123.2 | Innocence by fact(s) |
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| A primary military defense of innocence by fact(s) is that the evidence supports the claim that the defendant committed no military offence at all. | ||
| 123.3 | Innocence by omission/incomplete fact(s) |
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| A primary military defense of innocence by omission/inconclusive fact(s) is that the evidence presented by the prosecution is inconclusive and/or omits to to fully support the proof of the primary facts of the alleged offence. | ||
| 123.4 | Innocence by procedural injustice | |
| A primary military defense of innocence by procedural injustice is that evidence exists of a procedural injustice which means the accused should not be held liable for a legal charge or claim brought against them regardless of other evidence. | ||
| 123.5 | Guilt with mitigating circumstances | |
| A primary military defense of guilt with mitigating circumstances is that the accused is guilty of the offence but under mitigating circumstances. | ||
| 123.6 | Guilt with lawful excuse | |
| A primary military defense of guilt with lawful excuse is that the accused is guilty of the offence but with lawful excuse. | ||
| 123.7 | Guilt by fact(s) | |
| A primary military defense of guilt by fact(s) is that the accused is guilty of the offence but with no lawful excuse, nor mitigating circumstances but possibly with aggrivated circumstances. | ||
| 123.8 | All guilt defenses must be announced at the arraignment hearing | |
| A guilt primary defense must be announced at the arraignment hearing. A guilt defense is not permitted to be entered at the beginning of a military hearing or trial. A failure to do so, shall place either the attorney and/or the accused (if self -defense) in contempt of court. | ||
| A defense such as not-guilty by reason of insanity is not a permitted or properly constructed defense. Such a plea under the Jusidicial Code is a guilt by reason of mitigating circumstances in which the accused must plead guilt if they are to claim mental incapacity contributed to the circumstances of the offence. | ||
| 123.9 | Only one type of primary military defense is permitted | |
| Upon the arraignment, only one type of military defense is permitted to be claimed. A defense is not permitted to be based around two or more primary defense themes/arguments. | ||
| Where a defense is presented based on two or more primary military defense themes, the attorney or accused (if self representation) shall be held in contempt. | ||
| 123.10 | Non-permitted military defense theme/argument | |
| Under the Judicial Code, the Constitution and all codes of law, the following military defense themes/arguments/methods are strictly not permitted: | ||
| Collateral estoppel ("issue preclusion") | ||
| The common law doctrine that prevents a person from relitigating an issue known as either issue preclusion and/or collateral estoppel is not permitted as a defense, regardless of its historic use, traditional use or association to other law systems. | ||
| Collateral estoppel, also sometimes known as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. This is for the prevention of legal harassment and to prevent the abuse of legal resources. | ||
| Insanity | ||
| Insanity and other forms of mental incapacity defense is not permitted in any plea of innocence. | ||
| Religious theme and/or motivation including creed/belief system | ||
| No plea of innocence may base a justifiable defence on any religious theme, motivation including creed and/or belief system as the justification for an action leading to a offence. | ||
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