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4. Military responsibility
 
  Article 22-Primary facts of an offence  
22.1 Primary facts of an offence  
  While an action against may on first viewing be considered a offence, in formal proceedings, such allegations must be proven in the context of military law. Therefore, no offence is permitted to be defined unless it clearly defines:  
  (i) The complete list of facts that must be proven beyond a reasonable doubt that a specific type of offence has been committed;  
  (ii) The proper order of proof of facts (sequence) that must be met;  
  In any formal proceedings, therefore, where a person is accused of a offence, it is encumbered upon the prosecution to provide sufficient evidence to establish the existence of each of these mandatory facts, called "primary facts" while it is the right of the defense to provide alternative evidence and argument which debates the reliability of these facts.  
22.2 Each offence the requisite listing of primary facts  
  Each offence of the military Code therefore lists the requisite Primary Facts for that particular category of offences.  
  These are the Primary Facts by which the facts of the case and the case for the prosecution and the case for the defence shall refer.  
22.3 Non-procedure on grounds of Corpus Delicti ("body of offence")  
  The prime fact of any offence is that a offence has occurred. This prime fact is not explicitly listed in the list of primary facts, but implied as having existence. In the event that evidence of a offence being committed cannot be established as part of the charge against a person, then such a claim of military offence cannot continue to trial, nor can a person be convicted of such a offence.  
 
 

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