What is the jurisdiction of the Military Courts?

What is the jurisdiction of the Military Courts?
The Military Courts have jurisdiction over Chileans and foreigners, to judge all matters of the military jurisdiction that arise in the national territory, but also outside the territory, in the following cases:

  • When they occur within a territory militarily occupied by Chilean arms.
  • In the case of crimes committed by the military in the exercise of their functions or in service commissions.
  • In the case of crimes against the sovereignty of the State and its external or internal security, contemplated in the Code of Military Justice, in other codes and special laws, committed exclusively by the military, or by civilians and military personnel jointly.

The crimes it processes are mainly:

  • Crimes specified in the Code of Military Justice, especially war crimes.
  • Violations of the Aeronautical Code.
  • Violations of the laws on recruitment and mobilization.

What happens when the victims are civilians?

In no case, civilians and minors, who have the status of victims or defendants, will be subject to the jurisdiction of the military courts. The jurisdiction in these cases will always lie in the ordinary courts with jurisdiction in criminal matters.

Civilians are all those people who do not have the quality of military.

What people does the Military Justice process?
Only to military personnel, defined by Article 6 of the Code of Military Justice as “civil servants belonging to the Armed Forces and Carabineros de Chile, made up of plant personnel, personnel called to service and reserve personnel called to active duty . In addition, conscript soldiers will be considered military; the Recruitment Officers; people who follow the Armed Forces in a state of war; the prisoners of war, who have the military character, the cadets, cabin boys, apprentices and regular students of the Institutional Schools and Carabineros de Chile ”.

For purposes of determining whether or not the Military Justice is competent to hear a crime, the person must have the status of a military man at the time of committing it. However, when the victim is a civilian, the case falls within the jurisdiction of the ordinary courts.

Can a military court try a civilian?
No, Military Justice is only for military personnel. Civilians and especially minors must be prosecuted by ordinary justice.

What court is competent in the event that a civilian assaults a military man or a policeman?
Only ordinary justice is competent to try a civilian, regardless of the crime he has committed.

Can a military man be tried by the ordinary justice?

Yes, when you commit a common crime that does not occur in a state of war, in an act of military service or in general in military or police precincts or when the victim is a civilian.


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