C. MILITARY AUDITORIES
The Magistrates of the Military Prosecutors constitute the Public Ministry and fulfill their function of Public Prosecutor at the Military Courts and Tribunals. Each Military Prosecutor’s Office has a Secretary and a Judicial Police of the Military Prosecutors’ Office which works with the help of Military Justice auxiliaries called Military Secretary and Military Judicial Police Inspectors.
C.1. OF THE GENERAL AUDITORATE NEAR THE HIGH MILITARY COURT C.1.a. Magistrates of the General Prosecutor’s Office
C.1.b. Auxiliary of the General Prosecutor’s Office
The Auxiliary of the General Prosecutor’s Office are:
The First Secretary assisted by one or more Principal Secretaries;
The General Judicial Inspector assisted by one or more Chief Inspectors.
They are all senior officers.
C.2. MILITARY AUDITORATES HIGHER THROUGH MILITARY COURSES
C.2.a. Magistrates of the Superior Military Prosecutorates
There is a Senior Military Auditor at each Military Court;
The Senior Military Prosecutor is assisted by one or more Military Advocates and Substitutes of the Senior Military Prosecutor at the Military Court. They are appointed and, if necessary, relieved of their duties by the President of the Republic;
In case of absence or impediment, the Senior Military Auditor is replaced by the Senior Advocate General or the Senior Military Auditor Substitute in the highest rank.
C.2.b. Auxiliary of the Senior Military Prosecutors
The Auxiliary of the Senior Military Prosecutors are:
The Principal Principal assisted by one or more Divisional Secretaries;
The Chief Judicial Inspector assisted by one or more Divisional Inspectors.
They are all Subordinate Officers.
C.3. MILITARY AUDITORATES NEAR MILITARY GARNISH TRIBUNALS
C.3.a. Magistrates of the Military Garrison Garrison
A Military Garrison Auditor is instituted at each Military Garrison Court, appointed and, if necessary, removed from office by the President of the Republic.
The Military Garrison Auditor is assisted by one or more First Substitutes and Substitutes of the Military Garrison Auditor. They are appointed and, if necessary, relieved of their duties by the President of the Republic.
C.3.b. Auxiliary Military Garrison Auditorates
The Auxiliary of the Garrison Military Prosecutors are:
The Divisional Secretary assisted by one or more Secretaries of first and second class;
The Divisional Judicial Inspector assisted by one or more Principal Inspectors and First and Second Class Judicial Inspectors.
They are all Subordinate Officers
C.3.c. Rules common to Magistrates of Military Prosecutors
The Magistrate who represents the Public Prosecutor at the hearing must be of a grade higher than or equal to that of the accused.
B.2.b. Auxiliary Military Courses
Military Courts in the territory of the Republic are subject to military offenses punishable under the provisions of the Military Penal Code as well as offenses of any kind committed by the military and punished in accordance with the provisions of the Ordinary Criminal Code. They interpret the administrative, regulatory or individual acts and to assess their legality when, from this examination, depends the solution of the penal process which is submitted to them. The Military Courts know the action for the repair of the damage caused by an infringement and at the same time the public action before the same judge
B.2.a. Magistrates of Military Courts
There is in each Military Court:
A first President;
President;
Counselors.
They are appointed and, if necessary, relieved of their duties by the President of the Republic.
B.2.b. Auxiliary Military Courses
The Auxiliaries of the Military Courts are the Military Clerks who compose the Clerk’s Office. The Clerk’s Office is headed by a Principal Clerk, assisted by one or more Division Clerks. They are at least junior officers.
B.2.c. Military Courts Composition
The Military Court is composed of five members, all senior officers at least, including two career judges. It comprises two or more chambers presided over by career magistrates. The Military Court is presided over by a General Officer or by a Senior Officer, Career Magistrate. It sits with the assistance of the Public Ministry and the assistance of the Registrar. The first President of the Military Court may, if necessary, require the services of a civilian magistrate, with a view to completing the siege.
Extract from Military Judicial Code