Article 381. Negligent Attitude Towards Service

1. Negligent attitude of a military superior or an official towards his service, which caused considerable damage, -

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

2. The same act which entailed grave consequences, -

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

3. Acts stipulated by the first or second part of this Article, which are committed at war-time or in a combat situation, -

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

Note. A military serviceman, who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt from criminal liability.

Article 382. Abandonment of a Sinking Military Ship

1. Abandonment of a sinking ship by its commander who did not perform until the end to the bitter end his service duties, as well as by a person who is a member of the ship's crew without the commander's order necessary for that, -

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, or by imprisonment for a period up to five years.

2. The same act committed at war-time or in a combat situation

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

Article 383. The Surrendering or Leaving to the Enemy of Material for Waging War

The surrendering to the enemy by a given commander of armed forces entrusted to him, as well as the leaving to the enemy of fortifications, combat machinery, or other means for waging a war, if said actions are committed not for the purposes of helping the enemy, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment or life-time imprisonment.

Date: 2014-12-21; view: 845