Article 366. The Concept of a Military Crime

Military crimes shall be understood to mean crimes, stipulated by this chapter, against the established order for performing military service, which are committed by military servicemen undergoing military service as draftees or under contracts in the Armed Forces of the Republic of Kazakhstan, other units or military formations of the Republic of Kazakhstan, as well as by citizens who are in the reserve when they are undergoing through reserve training.

Article 367. Disobedience or Other Non-Execution of an Order

1. Disobedience, that is an open refusal to execute an order of a given commander, as well as other intentional non-execution by a subordinate of an order issued by a superior in accordance with the established procedure, which caused considerable damage to the interests of the service, -

shall be punished by restriction in the military service for a period up to two years, 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 two years.

2. The same act committed by a group of persons upon a preliminary collusion or by an organised group, as well as such an act which entailed grave consequences, -

shall be punished by imprisonment for a period up to five 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 five to twenty years, and under aggravating circumstances, by capital punishment or life-time imprisonment.

4. Non-execution of an order as a consequence of negligent or careless attitude towards the service, which entailed grave consequences, -

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

5. An act stipulated by the fourth part of this Article, which is committed at war-time or in a combat situation, -

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

Date: 2014-12-21; view: 1016