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Court Martial

  • 12-03-2011 8:38pm
    #1
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭


    Has the Irish Defence Forces the ability to impose the death penalty in a court martial for say treason?


Comments

  • #2
    Donny5
    Closed Accounts Posts: 1,827 ✭✭✭Donny5


    paky wrote: »
    Has the Irish Defence Forces the ability to impose the death penalty in a court martial for say treason?

    Nope. Check out Article 15 Section 5 Paragraph 2.


  • #3
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    what about article 40.4.5?


  • #4
    Local-womanizer
    Registered Users, Registered Users 2 Posts: 3,798 ✭✭✭Local-womanizer


    paky wrote: »
    what about article 40.4.5?

    The court cannot interfere with the DF during a state of war or armed rebellion,according to Article 40.4.5

    As regards to what sentence a military judge can impose in such a scenario I am not sure.


  • #5
    Bucklesman
    Registered Users, Registered Users 2 Posts: 636 ✭✭✭Bucklesman


    paky wrote: »
    what about article 40.4.5?

    Which says...
    Article 40 Section 4 wrote:
    5° Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.

    It only relates to section four of article 40, and section four of article 40 says nothing about capital punishment. It deals with unlawful detention.
    Article 40 Section 4 wrote:
    1° No citizen shall be deprived of his personal liberty save in accordance with law.

    Constitutional Law. It works bitches. :pac:


  • #6
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    aw, pitty, thanks for the replies ;)


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  • #7
    Local-womanizer
    Registered Users, Registered Users 2 Posts: 3,798 ✭✭✭Local-womanizer


    You would then have the issue of what European courts would think of it too.


  • #8
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    paky wrote: »
    Has the Irish Defence Forces the ability to impose the death penalty in a court martial for say treason?

    Wouldn't an act of treason be against the state rather than the army? So an act of treason would be tried in a civil court?


  • #9
    Donny5
    Closed Accounts Posts: 1,827 ✭✭✭Donny5


    BrianD wrote: »
    Wouldn't an act of treason be against the state rather than the army? So an act of treason would be tried in a civil court?

    Civvis would be tried in the civil courts, soldiers would go through the military justice system.


  • #10
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    paky wrote: »
    aw, pitty, thanks for the replies ;)

    Do you want someone killed?:rolleyes:


  • #11
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    goldie fish wrote: »
    Do you want someone killed?:rolleyes:

    its ok i had it taken care of ;)


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  • #12
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    I notice thatsince 1939, nobody has ever been charged with treason in Ireland. Death penalty for Treason was abolished in 1990. The offences against the state act is what everything including information leaks is prosecuted under.

    You could still be beheaded for treason in the UK right up to 1973!


  • #13
    testicle
    Closed Accounts Posts: 5,429 ✭✭✭testicle


    paky wrote: »
    Has the Irish Defence Forces the ability to impose the death penalty in a court martial for say treason?


    The "death penalty" as a punishment under Military Law was removed by the Criminal Justice Act, 1990.


  • #14
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    testicle wrote: »
    The "death penalty" as a punishment under Military Law was removed by the Criminal Justice Act, 1990.

    And can't be reintroduced while we remain part of the EU.


  • #15
    mgmt
    Closed Accounts Posts: 1,361 ✭✭✭mgmt


    BrianD wrote: »
    I notice thatsince 1939, nobody has ever been charged with treason in Ireland. Death penalty for Treason was abolished in 1990. The offences against the state act is what everything including information leaks is prosecuted under.

    You could still be beheaded for treason in the UK right up to 1973!

    France still used the guillotine up until 1977. http://en.wikipedia.org/wiki/Hamida_Djandoubi


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