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16. General
principles of military court
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Article 98-Rights of
the victim
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The following are considered the fundamental rights of a victim when the victim is a person and a non-member of the armed forces: |
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| 98.1 |
Right of privacy |
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A victim who remains living and/or the immediately family of a deceased victim have the right to privacy and non-intrusion by any person other than military law enforcement officials in the performance of their duty. |
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Except in circumstances where law enforcement officials require the publishing of victim information in order to prevent a offence and/or solve a offence, the publication and/or intrusion of non law enforcement officials into the privacy of victims and/or victim families shall be considered a military offence of harassment under the military Code. |
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| 98.2 |
Right to financial compensation |
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A living victim shall have right to limited financial compensation where it can be shown: |
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(a) the offence has physically disabled and/or substantially reduced their ability to continue gainful employment; |
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(b) the cost of any medical bills and/or reconstructive surgery are substantial and not covered by their insurance and/or unable to be afforded; |
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(c) the cost of replacing any substantially destroyed personal (non-commercial) property is not covered by insurance and that the victim had no prior family, sexual or business relationship with the accused; |
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The family of a deceased victim of offence shall have right to financial compensation where it can be shown: |
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(a) the victim was a primary income provider for the family and that their death has substantialyy reduced the family ability to survive; |
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