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Chapter I General Provisions Article Any person serving in the Red Army guerrilla units, independent divisions, independent regiments, Red Guard companies, or other armed formations—whether a soldier or other staff member—who commits an offense under the Criminal Code, the Military Penal Code, or any other law shall be tried by a military tribunal; however, this does not apply to violations of ordinary discipline that do not constitute criminal acts. Article Illegal acts committed by residents within the combat zone, whether under the Military Penal Code or other laws, shall be tried by the military tribunals. Spies and traitors of the enemy forces, if found within the combat zone, shall likewise be tried by the military tribunals. Article All levels of military tribunals of the Red Army must be organized in accordance with the provisions of these Regulations.

Chapter II Organizational Structure of Military Tribunals Article Military tribunals are divided into four types: 1. Primary Military Tribunal; 2. Positional Primary Military Tribunal; 3. Higher Military Tribunal; 4. Supreme Military Trial Conference. Article The Primary Military Tribunal shall be established in the headquarters of the Red Army, divisional headquarters, military district command posts, and independent division headquarters. The Positional Primary Military Tribunal shall be located in the highest-ranking command post at the front-line positions. Article The Higher Military Tribunal shall be established within the Central Revolutionary Military Commission. Article The Higher Military Trial Conference shall be established within the Supreme Court. Article Both the Primary Military Tribunal and the Positional Military Tribunal are subordinate to the Higher Military Tribunal, which in turn is subordinate to the Supreme Court. (Note 1) Prior to the establishment of the Supreme Court, cases that would normally be decided by the Supreme Military Trial Conference shall be adjudicated by a court temporarily convened by the Provisional Central Government. (Note 1) In Soviet areas not yet connected with the Central Soviet Region, a Higher Military Tribunal may be established within the highest military committee of that region and shall have final decision-making authority over cases.

Chapter III Personnel of Military Tribunals Article The Primary Military Tribunal shall consist of a single presiding judge and one juror forming the tribunal panel. The Higher Military Tribunal shall comprise a presiding judge, a deputy presiding judge, and three jurors, who together shall constitute the tribunal panel to oversee all judicial proceedings. The Supreme Military Trial Conference shall be composed of a number of members designated by the Supreme Court, but must include a representative of the Central Revolutionary Military Commission. Article The chief judge and juror of the Primary Military Tribunal shall be elected by the Soldiers’ Congress and approved by the Higher Military Tribunal. The chief judge and jurors of the Higher Military Tribunal shall be nominated by the Central Revolutionary Military Commission and approved by the Supreme Court. Article Commanders at all levels of the army shall not be appointed as chief judges or jurors of any military tribunal. Article When the Primary Military Tribunal conducts a trial, the bench shall be composed of three members, with the juror serving as chairperson and the other two as assessors. In first-instance cases heard by the Higher Military Tribunal, assessors must be used; however, in final appeals, no assessors shall be employed, and the case shall be decided solely by the presiding judge and the jurors. Article Assessors shall be elected by the soldiers and rotated weekly. During their term as assessors, they shall be relieved of their regular duties, and upon completion of their service, they shall return to their original units. Article Military tribunals at all levels may employ clerks and other support staff. (Note 1) If the caseload is small, the staffing of military tribunals may be reduced; the Primary Military Tribunal may consist of only a chief judge, while the Higher Military Tribunal may have only a chief judge and one juror. (Note 1) For simple, non-critical cases, a single judge may conduct the trial.

Chapter IV Judgments and Procedures of Military Tribunals Article The Primary Military Tribunal shall hear cases involving officers, combatants, and all personnel serving in the army who have committed offenses below the rank of regimental commander, but it shall serve as a court of first instance. Article Local armed forces’ military tribunals shall adjudicate military cases arising within the entire province. Article The Positional Primary Military Tribunal shall hear all cases occurring within the combat zone, also functioning as a court of first instance. Article The Higher Military Tribunal shall act as the court of final appeal for cases that have been previously adjudicated by the Primary Military Tribunal and subsequently appealed. At the same time, it shall serve as the court of first instance for cases involving officers above the regimental level, units directly under the Revolutionary Military Commission, and other personnel. Article The Supreme Military Trial Conference shall be the court of final appeal for cases that have been decided by the Higher Military Tribunal and then further appealed. It shall also function as the tribunal responsible for trying senior military officials at or above the corps commander level. Article Except for the Supreme Military Trial Conference, defendants in cases decided by all other levels of military tribunals shall have the right to appeal within the period specified in the judgment. The appeal period shall range from seventy-two hours to one month, to be determined by the bench that originally heard the case. Article In all capital punishment cases, even if the defendant does not file an appeal, the tribunal that rendered the verdict must forward the case file to the higher-level tribunal for approval. (Note 1) In emergency combat situations, execution may proceed first, after which the full case record shall be submitted to the higher-level military tribunal for ratification. Article Trials shall generally be conducted in open court, allowing soldiers and army personnel to observe; however, in cases involving military secrets, closed-door trials may be held, though the verdict must still be announced publicly. Article Trials need not necessarily take place at the tribunal’s official location; they may be held at the unit’s base or at the site where the offense was committed.

Chapter V Organization and Functions of Military Inspection Bodies Article A Primary Military Inspection Body and a Higher Military Inspection Body shall be established at the locations of the primary and higher military tribunals. Article The Primary Military Inspection Body shall consist of a chief inspector, a deputy chief inspector, and several inspectors. The Higher Military Inspection Body shall include a chief inspector, a deputy chief inspector, and several inspectors, supplemented by clerical and technical staff. (Note 1) The staffing of military inspection bodies may be adjusted as needed based on the situation within the army. Article Commanders and political commissars at all levels, upon discovering evidence of illegal activity within their units, may order the arrest of the offender and refer the case to the appropriate military inspection body for examination. Article The military inspection bodies are responsible for investigating and conducting preliminary inquiries into military offenses. With the exception of clearly straightforward cases that require no further investigation, all cases shall first be submitted to the relevant military inspection body for review. Once the inspection is complete and a conclusion reached, the case shall then be forwarded to the military tribunal for trial. Article The military inspection bodies serve as the state’s prosecuting authority in matters concerning military offenders. They may investigate all illegal activities within the army and those related to military affairs, and may bring charges before the courts, appearing on behalf of the state to present the prosecution during trials. Article During the course of an investigation, inspectors have the authority to summon and question any individual connected with the case. Article Summonses may be issued in the form of subpoenas, warrants, or inspection notices. (Note 1) Military tribunals, however, may only use subpoenas and warrants. (Note 1) The headquarters of the army, divisional headquarters, and other military institutions located where military tribunals are situated shall designate specific units to be placed at the disposal of the military inspection bodies.

Chapter VI Funding Article The funding for military tribunals and military inspection bodies shall be provided according to budgetary allocations made by the respective military authorities.

Chapter VII Supplementary Provisions Article These Regulations shall be promulgated by order of the Central Executive Committee. Article The Central Executive Committee reserves the right to amend or suspend these Regulations at any time. Article These Regulations shall enter into force upon their promulgation.

Chairman of the Central Executive Committee: Mao Zedong Vice Chairmen: Xiang Ying Zhang Guotao