Sunday, June 29, 2014

No military jurisdiction over cursing at an off-duty officer in mufti

The Supreme Military Tribunal of Brazil has issued an interesting unanimous decision. According to this account, the court found that there was no military court jurisdiction over a civilian who cursed at a captain who had put a civilian woman in a choke-hold in apprehending her for wearing a fake uniform. The captain was off-duty and in plainclothes (wearing shorts and a hat). The defendant cursed at the captain because he thought the woman was being assaulted. The decision indicates that crimes committed by civilians are military crimes only when they concern military institutions or military functions.

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