Infringement of the Accusatory System in the Military Criminal Procedure Code

Abstract

This article aims to analyze the military criminal procedure structure, verifying which criminal procedural system the legislation most closely resembles. Initially, the main criminal procedural systems studied by doctrine, their characteristics, and the differences between them will be addressed. Next, the procedural system followed by the Code of Criminal Procedure will be analyzed, to then observe the structure of the Military Criminal Procedure Code and determine if both legislations are in agreement regarding the applied procedural system. Finally, an analysis will be conducted concerning the differences found and the infringements of the Military Criminal Procedure Code in relation to the Code of Criminal Procedure, with regard to the procedural characteristics identified.