Military tribunal (Swiss)

The military Tribunals réprimandent the soldiers Suisse S in service as well as the civilians under certain conditions on the basis of military Penal code

History

The idea of a military justice appears in the Swiss Confédération in XIVe century at the time of the Being appropriate of Sempach which established various rules and behavior to be adopted at the time of war and conquest of the armed forces members of alliance. One can quote for example prohibition to maltreat a woman or the attitude to be adopted with regard to plundering. In the event of non-observance of these rules, the soldier was judged according to the jurisdiction of his State and not by a joint body.

With regard to the Mercenaire S whose Switzerland was famous, it is only at the XVIIe century that a legal base envisaged the payment of a business. The mercenary was judged by his commander and not by the Lord for whom it fought. This principle was very strong in Switzerland; the birth even of the Confederation at its beginning aimed at independence (as well political as legal) vis-a-vis the foreign powers like the Holy roman Empire or the Habsbourg S, for example.

During the birth of the Federal state in 1848, it was necessary to mark the distinction between the federal troops and the cantonal troops but even in this case, the soldier which made a fault was judged according to the canton of origin.
It is only with the adoption of the new Constitution of 1874 and the policy of centralization of the army that one assists with creation in 1889 of one and single military right to the federal direction. However, it missed essence, namely a bases legal and one realized at the end of the First World War which it was necessary to create some to improve the effectiveness of justice and the homogeneity of jurisprudence. It was thing made in 1927 with the creation of the military Penal code. Before this date, the capital punishment was a possible sentance, only in time of war, for acts such as: the Espionage, the military Treason, acts of hostility to the Swiss army, the wearing of weapons by Switzerland against the Confederation, services rendered to the enemy, the Assassination, the plundering and armed robbery of war.

Recent business

  • February 6th, 2007: The military Tribunal 6 put in charge three collaborators of the Sonntags Blick in connection with the business of the Egyptian fax relating to the secret prisons of the CIA, intercepted by the Swiss military informations, that the newspaper had published.

See too

Related articles

  • Armed Swiss

External documentation

external Bonds :
  • military Justice
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