Draft Law No. ( ) of 2012 on amending the military penal code and military criminal code

Law No. (  )

on amending the Military Penal Code and Military Criminal Code

Upon review of:

  • The interim Constitutional Declaration;
  • The supplementary penal code and laws;
  • The code and its amendments;
  • The Military Penal Code;
  • The Military Criminal Code;

 

The General National Congress issued the following law:

Article (1)

The text of Article (2) of the Military Penal Code shall be amended to the following:

The provisions of this law apply to:

1. Regular members of the military, those holding one of the ranks specified in Articles (2) and (3) of Law No. (40) of 1974, students of military faculties and schools, and military trainees. 

2. Families of regular members of the military.

Article (2)

The text of Article (45) of the Military Criminal Code shall be amended to the following:

Military courts shall be competent to adjudicate the crimes specified in the Military Penal Code committed by those who are subject to it. 

Article (3)

All proceedings and cases affected by this amendment, whether in the investigation or trial phases, shall be referred to the General Prosecution or to competent ordinary courts according to the description contained in the referral order. 

Article (4)

The ordinary courts shall be competent to try members of the military in partnership with a civilian.

Article (5)

This law shall enter into force from its date of issuance and shall be published in the Official Gazette.