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if a crime is committed on a us military base in germany what country would the case be tried in.?
If a service person assaults a US citizen, such as a family member of a service person or military personal off duty. And this occurs on base, what court would try this person? Would it be a German court or military court? Now if a service person commits crime that is against German law on a military base, who would preside over this case?
Fear of the Dark, that is what I thought... Is there a website that I can view that will verify this information. I am asking because this would be a good issue for me to use for school, but I am not finding anything online that is this specific...
Thank you,
Ok, now lets say a service person rapes a us civilian on the base. This is against both US laws and German laws... Who would then preside? I am studying conflict of laws in school and I am wondering if this situation would fall under this is all?
3 Answers
- 8 years ago
If a US servicemember commits a crime against a US citizen on a US military base, then that servicemember will be charged under the Uniform Code of Military Justice, which applies to all US military personnel, even if it was off-duty. The severity of the punishment will depend on the severity of the crime and the rank of the commanding officer. Punishments can range from written reprimands, loss of rank, forfeiture of pay, restriction to base, extra duties, forfeiture of liberty, imprisoned in the brig, or any combination thereof.
Also, the victim of this crime could sue the alleged perpetrator in civil court. There is no such thing as "double-jeopardy" when it comes between the civilian courts and the military justice system. So if you got a DUI, for example, you would be punished through the military, most likely be demoted, forfeit pay, be restricted to base, extra duties, PLUS on the civilian side you would lose your license, be fined, and probably spend the night in jail if it was your first time.
Since this happened on a US military base - that means this incident would never be subject to the German justice system, because US bases are US soil. However, as I said before, the alleged perpetrator could be charged under the UCMJ AND the US civilian Justice Department, AND could be sued in civil court by the victim if criminal charges are levied against the defendant.
Source(s): USMC 2005-2010 - AJLv 78 years ago
The service member would be charged under military law. It would not be in a German court or even a US federal court.
German law does not have standing on a US military base. US Federal law and US Military Law has jurisdiction over the laws on a US Military base.
If it occurs on a military base and the accused is a servicemember, the servicemember will be punished in accordance of the Manual of Courts-Martial for the US military.
@Максим Тимофеевич, Double Jeopardy still applies to soldiers. A soldier cannot be punished twice for the same infraction regardless of what multi jurisdicational nightmare he's in.
@Fear the Dark, they will not ship the soldier back to the US. The courts-martial will be held in Germany on a US military base. Now if he is found guilty, he will be shipped back to the US to serve his sentence. The same goes for Korea
Source(s): Former Army Legal NCO (JAG) - ?Lv 78 years ago
If the crime occurs on base they will ship you back to the US for the trial.
If it happens outside of the base your trial will be in germany.
Well if you would brake german law on base as long as it is not allso against US military law (btw i doubt that there exists even a law that says it would be legal in the US and illegal in germany) the german court will never know it. Because who would tell them that a "crime" has been commited? The US military? Well definitely NOT.
btw. If your "victim" is not part of the US military it will
get complicated because the US military bases in germany are NOT US soil (like for example a embassy is)
So if you harm someone outside the US military there is a fat chance that germany wants you for the trial.
(Btw. you should pray that your trial is in germany anyway because compared to US laws germany is really soft on "criminals")
well i could give you a example where german police (legally) shot and killed a US soldier.
But this was off base (he illegally left the base with his duty rifle and treathened his girlfriens)
So he was shot and killed from german police.
(If he would have survived he would have to go to court in germany)
http://www.thelocal.de/20080314/10685
edit2:
Difficult to answers because first the US could simple ship the criminal back to the US for his trial without telling germany that this crime has even happened.
As said germany will never know whats happening on base as long as the US doesn´t tell them.
But if the victim (for example) will run to the german
police and tells them that she was raped it will get complicated.
In generall the german court will contact the US military
to hand over the soldier for trial.
But then again if they know that this criminal will go to jail in the US too it could happen that germany will not try to prosecute him because they have a deal with the US.
And as long as they are shure that the crime will be solved in the US too they might agree to save some tax money and send him to trial in the US.