Who is entitled to apply for retrial of a military court judgment, and what must be shown before a relative may do so?
General information · Not legal advice
Material to check
The practice file for this exercise is read for the certified copy of the conviction, which identifies the person convicted, any death record or medical paper showing whether the convicted person has died or has a mental or physical disability, the family register or other paper proving the applicant's relationship, and any document showing the applicant acts as legal representative.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the list at face value: an application for retrial may be made by a prosecutor of the prosecution office or by a military prosecutor, neither of whom the provision ties to this case, by the person convicted, by that person's legal representative, or, where the convicted person has died or has a mental or physical disability, by the spouse, a lineal relative or a sibling.
Another reading stresses that the relatives' standing is conditional, not general: a spouse, lineal relative or sibling may apply only where the convicted person has died or has a mental or physical disability, so while the convicted person is living without such a disability, item four falls away, though the prosecution office prosecutor and the military prosecutor remain entitled to apply regardless of the convicted person's state, and the provision leaves open what paper suffices to establish legal representation or the required condition.
Your judgment
If the convicted person is living and their mental or physical condition is disputed, how should the file show whether a relative or one of the other listed applicants is the proper applicant?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the list of persons who may apply is amended, or if a court decision explains what evidence establishes legal representation or the mental or physical disability on which a relative's application depends.