Interpretation
J.Y.
Interpretation |
NO.61
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| Date |
1956/8/13 |
| Issue |
According to Article 95 of the Criminal Law for the Armed Forces, are a soldier’s military stripes an essential military item? |
| Holding |
Even if a soldier in uniform with his/her military stripes intact is suspected of being AWOL [absent without leave], this is not sufficient evidence to establish the crime of being AWOL because the essential military items, as designated in Article 95 of the Criminal Law for the Armed Forces, do not include such military stripes. Therefore, the Judicial Yuan Explanation No. 2044 issued on August 3, 1940, concerning essential military items should no longer apply.
'Translated by Lawrence L. C. Lee.
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