Monday, March 31, 2014

Danish Military Prosecution Service

The Danish Military Prosecution Service has posted a useful introduction to the military justice system under reforms that took effect in 2006. The MPS is outside the chain of command, and makes the decision whether to prosecute military criminal cases. Commanders deal with disciplinary cases, while military criminal cases are tried before the ordinary courts, courts-martial having been abolished 95 years ago. If a commander is uncertain whether a case should be treated as criminal or disciplinary, the matter is presented to the military disciplinary chief. If that official is in doubt, the MPS makes the decision.

Military criminal cases include, in peacetime, those arising under the Military Penal Code or, if the offense is related to or committed in connection with military service or on base, the Civil Criminal Code and other penal legislation. Forty percent of the criminal cases arise under the Military Penal Code. Civilian and Home Guard personnel are not subject to military criminal law.

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