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20. General
principles of military defense
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Article 124-Rights of
military defense
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| 124.1 |
Rights of military
defense |
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The rights of military defense are those rights to which the defendant and their counsel have at their disposal to ensure a fair trial and case. |
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1. The right to a competent defense |
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A defendant has the right to a competent defense, which presents the best and most appropriate case within the limits of the law; |
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2. The right to view the precise charges and claimed facts of the prosecution |
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The prosecution must present clearly and precisely the charges and the alleged facts against a defendant at the earliest possible opportunity; |
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3. The right to see all evidence against a defendant before the commencement of a trial or hearing |
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The defendant has the right to see all the evidence against themselves prior to the commencement of a trial or hearing. |
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4. The right to cross-examine any witness for the prosecution |
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The defendant has the right to cross-examine any witness for the prosecution |
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5. The right to introduce any witnesses |
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The defendant has the right to call its own witnesses, and/or witnesses for the prosecution on their own. |
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6. The right to introduce new evidence |
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The defendant has the right to introduce new evidence in defence of their primary military defense. |
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