Article 373. Desertion

1. Desertion, that is unwarranted leaving of the unit or place of service for the purpose of evading military service, as well as a failure to appear for service for the same purpose, -

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

2. Desertion with weapons entrusted in relation to the service, as well as desertion committed by a group or persons upon a preliminary collusion, or by an organised group, -

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

3. The same act committed at war-time or in a combat situation shall be punished by imprisonment for a period from seven to twenty years, or by capital punishment, or life-time imprisonment.

Note. A military serviceman, who committed desertion stipulated by the first part of this Article, may be exempt from criminal liability, if his desertion occurred as a result of occurrence of difficult circumstances, and if he voluntarily appeared for further performance of military service.

Article 374. Evasion of Military Service by Way of Self-Mutilation or Other Method

1. Evasion by a military serviceman of the performance of military service duties by way of simulation of a disease, or the causation to himself of an injury (self-maiming), or other damage to his own health, or by way of forgery of documents, or by other fraud, -

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

2. The same act committed for the purposes of full exemption from the performance of military service duties, -

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, or by capital punishment or life-time imprisonment.

Date: 2014-12-21; view: 1062