Africa-Press – Cape verde. The proposed law for the new Code of Military Justice was approved this Wednesday, in Parliament, in general and unanimously by the 58 deputies present at the session, 32 from the MpD, 24 from the PAICV and two from the UCID.
According to the Minister of Justice, Janine Lélis, the approval of this new Code of Military Justice is due to the need for its harmonization with all other legal norms that inform the military legal system and the common legal system.
“Military Criminal Procedural Law was revised in 2010. Therefore, after the approval of the Military Justice Code of 95. Taking into account that in 2006 the General Regime of the Armed Forces was approved, which was later amended in 2015, and that also in 2019 a new Military Discipline Regulation was approved and even though in 2020 the new military statutes were approved, there is clearly a need to harmonize the Code of Justice”, he said.
Janine Lélis also explained that the approval of the new Code of Military Justice does not constitute a mere reform of military criminal laws, but also its adaptation to the Constitution of the Republic, proclaiming the principles of legality, guilt, equal rights, freedoms and guarantees of citizens .
“In accordance with the constitutional precept enshrined in article 220 of the Constitution of the Republic, the purpose is limited to the scope of military jurisdiction to essentially military crimes, due to the subject matter and nature of the crime itself”, he added.
On the other hand, he highlighted that this reform envisages, with special attention, the implementation of military justice in a universal manner, observing the constitutional rules and the current jurisdictional order, expunging the requirements of the personal jurisdiction of Military Justice that are not relevant to the condition of the agent of the crime, but rather the interests of the military defense component.
“Instead of the personal forum, values and principles limited to the mission and purpose of the Armed Forces are highlighted”, explained the minister when framing the diploma.
According to Janine Lélis, this new Code of Military Justice, divided into three books, includes in its articles regarding criminal typology, precepts that have no place in the common text and others that exclude the singular provision, justifying its incorporation into military law.
The minister also highlights the reinforcement of the autonomy of military justice with the strengthening of the role of the prosecutor, essentially through the consecration of his technical independence and the fact that the judge starts to carry out acts at the request of the prosecutor in cases of urgency or delay of the defendant in requesting them.
The prosecutor now has a wider scope of action and can prosecute independently of the instructions of the Chief of Staff of the Armed Forces.
The proposal, comprising 280 articles, began to be discussed in the specialty this afternoon, but the session was suspended due to the late hour, with the discussion expected to continue this Thursday.
Prior to the discussion of the proposed law for the new Code of Military Justice, deputies were in debate with Prime Minister Ulisses Correia e Silva, on good governance, carried out at the request of the MpD.
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