Article 371. Insulting a Military Serviceman

1. The insulting by one military serviceman of another during the performance or in relation to the performance of duties of military service, -

shall be punished by detention under arrest for a period up to three months, or by restriction in military service for a period up to six months.

2. The insulting of a superior by a subordinate, as well as by the superior of his subordinate during the performance of military service duties or in relation to their performance, -

shall be punished by restriction in military service for a period up to one year, or by detention under arrest for a period up to six months, or by detention in a disciplinary military unit for a period up to one year.

Article 372. Unwarranted Absence from the Unit or Place of Service

1. Unwarranted absence from the unit or place of service, as well as a failure to appear for service in time without valid reasons in case of a leave from the unit, assignment, transfer, from a business trip, holiday, or a medical institution, for more than two five days, but not more than ten days, which is committed by a military serviceman who is a draftee, -

shall be punished by detention under arrest for a period up to six months or detention in a disciplinary military unit for a period up to one year.

2. The same acts committed by a military serviceman who is enduring punishment in a disciplinary military unit, -

shall be punished by imprisonment for a period up to two years.

3. Unwarranted absence from the unit or place of service, as well as a failure to appear for service in time without valid reasons for more than ten days, but not more than one month, by a military serviceman undergoing a military service as a draftee or under a contract, -

shall be punished by restriction in military service for a period up to two years, or by detention in a disciplinary military unit for a period up to two years.

4. Acts stipulated by the third part of this Article, if unwarranted absence lasted for more than one month, as well as the same acts committed by a military serviceman enduring punishment in a disciplinary military unit, if unwarranted absence lasted for more than ten days, -

shall be punished by imprisonment for a period up to three years.

5. Acts stipulated by the first or second part of this Article, which are committed at war-time, if unwarranted absence lasted for more than one day,

shall be punished by imprisonment for a period from five to ten years.

6. Unwarranted absence from the unit or place of service in a combat situation, regardless of the duration, -

shall be punished by imprisonment for a period from three to fifteen years.

Note. A military serviceman, who committed acts stipulated by the first or the third part of this Article, may be exempt by a court from criminal liability, if unwarranted absence from the unit occurred as a result of difficult circumstances, and if he voluntarily appeared for further performance of military service.

Date: 2014-12-21; view: 850