The Military Courts System of the Lithuanian Republic (1919-1940): Court‘s Structure, Procedures and Practise

In 1919, the foundation for Lithuania’s military judicial system was laid following the approval of the Regiment Court Statute on 13 February, the Court-Martial Statute on 27 March, and the Interim Army (Military) Court Statute on 7 July. By 1928, the system was fully developed with the release of the Statute of the Military Court of Honour, which governed the functioning of a court of honour. Thus, the permanent justice institutions of the Lithuanian Army comprised the Army (Military) Court, the Regiment Court, the Military Court of Honour, with the later addition of a temporary institution, the (Field) Court-Martial. These courts were based on the military courts of the former Czarist Russian Empire and presided over justice, discipline and order, and the speedy resolution of cases and the application of strict penalties. A military state defender/the Military Prosecutor’s Office was established, together with the Army / Military court which acted alongside. The latter was similar to the Russian Military Prosecutor’s Office, in that it performed, organised, supervised and controlled pre-trial investigations, supported charges, and supplied advice to judicial institutions on matters of procedural actions. The High Tribunal was established before the military courts, although it commenced operations at the same time. The Tribunal was entrusted with the functions of the Military Court of Cassation, since there was no separate, specialised cassation institution of military courts in Lithuania. Initially, the High Tribunal handled appeals and cassation for the Army / Military court, but only cassation for the troop court. From 1928, the Tribunal acted only in cassation