Note in Bens v. United States, 266 Fed. 152.) (F. W. HA.) France.—French military law comprises the Law on the organization of the nation in time of war, on the general organiza tion of the Army, on the constitution of cadres and effectives, and on recruiting for the Army, on the principles of the reduction of compulsory service to one year; the development of the "nation in arms" idea; the respect of international agreements, and the protection of frontiers.
The respect of international agreements led France to work out a rational organization of national defence, which would obviously be as efficient in case of danger as it would be useless for wars of aggression or conquest. At the same time the essential point is adequate defence of the country against aggression As a result of the World War the security of French frontiers is to-day an undisputed and universally organized dogma. This security can only be guaranteed by an army sufficient in strength and easily mobilized. For 125 years a conception of "the nation in arms" has been before the public mind.
The "nation in arms" idea is the chief outcome of the World War and the French military organization has been framed in accordance with it.
To summarize, in this system the reserves play the most im portant part; as a consequence, the strength of the standing army may be reduced. From the standing army is to be recruited that of war time. To train, to mobilize and to cover the frontiers, are henceforward the main duties of the standing army.
Germany.—The general principles of German military law are similar to those of Great Britain and many European countries, and the United States system is somewhat similarly framed. There is no permanent president for courts-martial but, as in England, a presiding officer is chosen for each trial.
In different States of Germany different procedures hold for the formation of special summary courts-martial as occasions arise. There are no "Courts of Honour." The proceedings before a German court-martial are usually public except in the case of matters offending public morality, or in any other way compromis ing public order, and excepting also those cases where publicity is considered injurious to the interests of the forces as a whole. Such are cases of discipline, disclosure of military secrets, plans, etc. Military crimes and offences dealt with in the German Mili tary Code of Penal Law of June 20, 1872 (within the meaning of the notification of Feb. 16, 1926) as acts punishable by law are mainly: (I) Extended unauthorized absence and running away from the flag; (2) self-mutilation; (3) cowardice; (4) seri ous wrongs against military subordination, as for instance threat ening, insult and setting actually at work against superior officers— mutiny; (5) serious wrongs against inferiors, for example actual insult and ill treatment; (6) military theft (embezzlement), plun dering; (7) bribery.
The Public Prosecutor acts normally as counsel for the accused. In Germany, however, procedure differs not only from district to district but according to the simplicity or severity of the case. There is no appeal, except for officials attached to the Army. Since the World War a series of changes has been introduced into the various systems in use in the different states and generalization concerning German procedure is now (1929), and will probably be for some years, unsafe. The general principles of courts martial only have remained unchanged. (X.)