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  • Interpretation
  • No.51
  • Date
  • 1955/08/13
  • Issue
    • Does a soldier, upon his being absent without leave over a month, still have the status of active duty soldier, thus justifying his being subject to military trial?
  • Holding
    •        Pursuant to Article 20, Paragraph 1, Subparagraph 3, of the Conscription Act, the soldier who is absent from duty over one month without permission will lose the status of active duty soldier. As a result, once a soldier is absent from duty over one month and commits a crime, the soldier will be judged on a civilian standing by the adjudicative body. Accordingly, Interpretation Yuan-je Tze No.2822 [as explained in 1945] should be changed.
      
    • *Translated by Lawrence L. C. Lee.
  • Reasoning
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