PEACETIME - MILITARY CRIMINAL CODE
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Second book
ON MILITARY OFFENCES, IN PARTICULAR.
Title I
ON CRIMES AGAINST ALLEGIANCE AND MILITARY DEFENSE.
Chapter I
ON TREASON.
Art. 77. High treason.
Any person subject to this code who commits one of the crimes
against the State laid down in articles 241, 276, 277, 283, 285, 288, 289 and
290-bis of the penal code, as amended by the
legislative decree of the Lieutenant of the Realm n.
288 of 14 September 1944 and by law n. 1317 of 11 November 1947, shall be
punished in accordance with the corresponding provisions of the penal code with
the punishment of imprisonment being increased by a third.
Any person subject to this code who commits one of the
offences named in articles 242 and 284 of the penal code just due to the mere
fact of having risen up in arms, having risen up in arms against the State or
having participated in armed rising shall be punished with life imprisonment.
Art. 78. Incitement to high treason; conspiracy, armed
gang.
Any person subject to this code who:
1) solicits another or conspires to commit one of the
offences named in article 77 above;
2) in order to commit one of the offences named in article
77 above, fosters, sets up or organises an armed gang or takes part in it.
Shall be punished in accordance with the corresponding
provisions of the penal code, the punishment of imprisonment being decreased by
a third to a half.
Art. 79. Sullying the reputation and prestige of the
President of the Republic.
Any person subject to this code who sullies the reputation
and prestige of the President of the Republic or his deputy, shall be punished
with a military confinement from five to fifteen years.
Art. 80. Offence against a Head of Government.
(Abrogated).
Art. 81. Public insult to the Republic, the constitutional
institutions and the national armed forces.
Any person who publicly insults the Republic, both Houses or
one House of Parliament, the Government or Constitutional Court or the Judiciary,
shall be punished with military confinement from two to seven years.
The same punishment shall be inflicted upon military
personnel who publicly insult the Armed Forces or part thereof or the liberation
forces.
Art. 82. Insult to the Italian nation.
Any person subject to this code who publicly insults the
Italian nation shall be punished with military confinement from two to five
years.
If the act is committed in a foreign state, the punishment
shall be military confinement from two to seven years.
Art. 83. Insult to the national flag or other emblem of the
State.
Any person subject to this code who insults the national flag
or other emblem of the state shall be punished with military confinement from
three to seven years.
If the act is committed in a foreign state, the punishment
shall be military confinement from three to twelve years.
The provisions in the subsections above also apply to
military personnel who insults national colours depicted on objects other than
the national flag.
Art. 84. Intelligence with foreign agents and offer of
services.
Any person subject to this code who holds intercourse with a
foreign nation with the intent to favour, in case of war with the Italian state,
the military operations of such foreign nation, shall be punished with
imprisonment for no less than fifteen years.
If the act consists in offers of services which have not been
accepted yet, the term of imprisonment shall be no less than ten years.
Art. 85. Concealment, destruction, forgery or abstraction
of documents or property concerning the military force, organization or
defence of the State.
Any person subject to this code who, in all or in part,
conceals, distracts, forges or abstracts, even temporarily, records, documents
or other things relating to the military force, organization or defence of the
State and which must be kept secret, shall be punished with imprisonment for no
less than ten years.
If the act has jeopardized the military organization or
defence of the State, the punishment shall be life imprisonment.
For the purpose of this article, records, documents or other
things which are not exclusively intended for the armed forces cannot be
considered secret.
Chapter II
ON MILITARY ESPIONAGE AND
DISCLOSURE OF MILITARY SECRETS.
Art. 86. Disclosure of military secrets with the intent
to commit espionage.
Any person subject to this code who, in the interest of a
foreign nation, discloses informations concerning the military force,
organization or defence of the State, that must be kept secret, shall be
punished with life imprisonment.
Art. 87. Agreement among military personnel aimed at
disclosing military secrets with the intent to commit espionage.
When one or more persons subject to this code come to an
arrangement with the specific intent to commit the offence named in the previous
article, each of them shall be punished with imprisonment from five to fifteen
years if the offence was not consummated.
Ring-leaders, abettors and organisers shall be punished with
imprisonment for no less than fifteen years.
Art. 88. Obtaining secret information with the intent to
commit espionage.
Any person subject to this code who obtains information on
the military force, organization or defence, that must be kept secret, with a
view to disclosing them to a foreign nation, shall be punished with imprisonment
for no less than twenty years.
If the act has jeopardized the military organization or
defence of the State, the punishment shall be life imprisonment.
Art. 89. Obtaining secret information not with the intent
to commit espionage.
Any person subject to this code who, in cases other than
those laid down in the previous article, obtains secret information without
proper authority of the appropriate military agency, or acts to obtain it, shall
be punished with military confinement from three to ten years.
If the act has jeopardized the military organization or
defence of the State, the punishment shall be military confinement for no less
than ten years.
Art. 89-bis. Unlawful making of drawings and getting
clandestinely into places of military interest with intent to commit espionage.
A term of imprisonment from six to twelve years shall be
imposed on any person subject to this code who, with the intent to commit
espionage:
1) without the necessary authorization, makes drawings,
models, sketches or photographs of objects concerning the military force,
organization or defence of the State, or performs surveys over them;
2) with the intent to commit one of the acts under clause
1, or to obtain information thereof, gets clandestinely or deceitfully into
any place or installation within the control or jurisdiction of one of the
armed forces to which access is forbidden for national military security
reasons;
3) lingers in or nearby any such places or areas and is
found in unauthorized possession of means suitable for committing espionage;
4) buys, receives or keeps maps, sketches, photographs or
any other things that may be the source of information on the military force,
organization or defence of the State.
Art. 90. Unlawful making of drawings; getting clandestinely
into places of military interest; unauthorized possession of means of
espionage.
A term of imprisonment from one to five years shall be
imposed on any person subject to this code who:
1) without proper authority, makes drawings, models,
sketches or photographs of any things relating to the national military force,
organization or defence, or surveys over them;
2) in the commission of one of the offences described in
clause 1 above, or to obtain information concerning the above things, gets
clandestinely or deceptively into any installation or any other place within
the control or jurisdiction of one of the armed forces to which access is
prohibited for national military security reasons;
3) is found lurking in or about any of the places described
in clause 2 and in possession of means suitable for committing any of the acts
described in clause 1 above;
4) is found unlawfully holding documents, writings,
drawings, models, sketches, photographs or any other things which may be the
source of information on the national military force, organization or defence.
The mere fact of getting clandestinely or deceptively into
one of the places or areas described above, shall be punished with military
confinement from two to five years.
Except for the above-mentioned acts, any person subject to
this code who forbidden for national military security reasons shall be punished
with without proper authority gets into places or areas to which access is
military confinement for up to one year.
Art. 91. Disclosure of secret information without intent to
commit espionage.
Except as provided in article 86, military personnel who
disclose information relating to the national military force, organization or
defence that must be kept secret shall be punished with military confinement for
no less than five years.
If the act has jeopardized the national military organization
or defence, military confinement shall not be less than twenty years.
If the act was culpably committed, the punishment shall be
military confinement from six months to two years in the case described in first
sub-section above and from three to fifteen years in the case described in the
second sub-section.
Art. 92. Aggravating circumstances.
If the person found guilty of the offence under the previous
article was, by reason of his office or service, cognisant of the information
described therein, or if the act was committed by any publicity-means, the
punishment shall be increased.
Art. 93. Providing or disclosing confidential information.
In respect to the offences described in the previous articles,
when the information mentioned in those articles is not among the information to
be kept secret but is of a confidential nature and its disclosure has been
prohibited by the competent authority, imprisonment for no less than twenty
years shall be substituted for life imprisonment and the other punishments shall
be decreased by a third to a half.
Art. 94. Providing non secret and non confidential
information to a foreign nation.
Any person subject to this code who communicates to a foreign
nation information relating to the national military force, organization or
defence which must be kept secret or is of a confidential nature, shall be
punished with military confinement for up to five years if the act can cause
damage to the national military force, organization or defence.
Art. 95. Military persons who obtain any of the information
described in the previous articles.
The punishments provided in the previous articles also apply
to the military persons who obtain the information therein described.
Art. 96. Intent to act to the advantage of the Italian
State.
In respect to offences made punishable under the previous
articles, punishableness is not excluded if the culprit did the act with intent
to favour the Italian State. Nevertheless, the punishment may be decreased.
Chapter III
PROVISIONS COMMON TO THE PREVIOUS CHAPTERS.
Art. 97. Culpable aiding and abetting.
Any person subject to this code who, having any things in
safe keeping or possession by reason of his office or service or being cognisant
of the information by reason of his office or service or while keeping watch
over places of military interest, has made it possible or merely culpably helped
to commit any of the offences under articles 85, 86, 88, 89, 90 first
sub-section, 91 and 93, shall be punished with military confinement for up to
five years.
If the offence imperilled the national military organization
or defence, the punishment shall be military confinement from three to fifteen
years.
Art. 98. Incitement and offer.
Any person subject to this code who incites someone to commit
any of the offences punishable under articles from 84 to 91, or otherwise offers
to commit any of them, shall be punished, if incitement and offer are not
accepted or if incitement and offer are accepted but the offence is not
consummated:
1) with imprisonment from five to twelve years, if the
punishment for that offence is death penalty from demotion (1);
2) in all other cases, with the punishment envisaged for the
offence committed, decreased by a half to two thirds.
(1) See note at article 22.
Art. 99. Exchange of correspondence with a foreign country
with intent to commit treason and military espionage.
Any person subject to this code who exchanges correspondence
with a foreign country with intent to commit any of the offences described in
articles 85, 86, 87 and 88 or otherwise does any acts with intent to commit such
offences, shall be punished with imprisonment for no less than ten years.
Art. 100. Failure to report an offence.
Any person subject to this code who, knowing that an offence
punishable under this chapter and the previous chapters with imprisonment and
military confinement for no less than five years or more has been committed,
fails to report immediately the fact to his superiors shall be punished with
military confinement from three months to two years.
If the culprit is an officer, the punishment shall be
military confinement from one to three years.
Art. 101. Equal treatment of allied nations.
The punishments provided in articles 84 and the following
chapters shall also be inflicted when the offence was committed to the detriment
of a nation which is a wartime ally or associate of the Italian State.
Art. 102. Extenuating circumstance.
The punishments provided in this chapter and the previous
chapters shall be decreased when, because of the nature, type, means, ways and
circumstances of the act or because of the particular tenuity of the damage or
danger, the act itself appears to be a petty offence.
Title II
ON OFFENCES AGAINST MILITARY SERVICE.
Chapter I
ON OFFENCES COMMITTED WHILE ON DUTY.
Section I
ON THE BREACH OF GENERAL DUTIES
RELATING TO COMMAND.
Art. 103. Hostile acts of a commander against a foreign
nation.
A commander who, without authority of the Government, or in
cases other than necessity, performs hostile acts against a foreign nation,
shall be punished with military confinement for up to three years.
If the hostile acts are such as to expose the Italian State
or Italian citizens, wherever they live, or any person under the protection of
the laws of the State, to the risk of retorsion or retaliation, the punishment
shall be military confinement from two to eight years. If, as a result of such
acts, diplomatic relations are broken or retorsion or retaliation take place,
the punishment shall be military confinement from five to ten years.
If the hostile acts are such as to expose the Italian State
to the risk of war, the punishment shall be military confinement for no less
than ten years.
If, as a result of such hostile acts, war breaks out, or fire
or distruction or the death of one or more persons take place, the punishment
shall be death penalty by shooting in the breast (1).
This sentence carries dismissal.
(1) See note at article 22.
Art. 104. Culpable excess.
In the cases mentioned in the previous article, if the
commander culpably abuses his authority or acts beyond necessity, death penalty (1)
shall be commuted to military confinement for no less than five years, the other
punishments being decreased by a third to two thirds, without prejudice to the
additional punishment of dismissal.
(1) See note at article 22.
Art. 105. Loss or capture of a vessel or aircraft.
The commander of a naval or air force, who causes the loss or
capture of one or more vessels or one or more aircraft under his command, shall
be punished with death penalty with demotion (1).
The same punishment shall be inflicted on:
1) the commander of an independent vessel or aircraft who
causes the loss or capture of that vessel or that aircraft;
2) any other military person who causes the loss or capture
of the vessel or aircraft to which he is attached.
If particular circumstances take place which reduce the
responsibility of the culprit, the punishment shall be imprisonment for no less
than seven years.
(1) See note at article 22.
Art. 106. Culpable loss or capture of a vessel or aircraft.
When one of the facts named in the previous article has been
culpably committed by the commander of a naval force or of an independent vessel
or by any other military person embarked in the lost or captured vessel or
aircraft, the punishment shall be military confinement for up to ten years.
If particular circumstances take place which reduce the
responsibility of the culprit, the punishment shall be military confinement for
up to five years.
The same punishments shall be inflicted on the commander of
an air force or an independent aircraft, or on any other military person
embarked therein, who, out of negligence or imprudence or through failure to
comply with laws, regulations, orders or discipline, commits one of the facts
named in the previous article.
Art. 107. Collision, grounding or average of a vessel or
aircraft.
The commander of a vessel, who causes a collision, grounding
or average, or the commander of an aircraft who causes collision or damage,
shall be punished with imprisonment for no less than eight years; and, if the
above facts cause the loss of the ship or aircraft, the punishment shall be
imprisonment for no less than fifteen years.
The same punishments shall be imposed on any other military
person subject to this code who causes the above-mentioned damage to the ship or
aircraft in which he is embarked.
If particular circumstances take place which reduce the
responsibility of the culprit, the punishment shall be imprisonment for no less
than five years.
Art. 108. Culpable collision or grounding or average of a
vessel or aircraft.
When one of the offences punishable under the previous
article has been culpably committed by the ship’s commander, or by any other
military person embarked therein, the culprit shall be punished with military
confinement for up to two years.
The same punishments shall be imposed on the commander of an
aircraft or on any other military person embarked therein who, out of negligence
or imprudence or through failure to comply with laws, regulations, orders or
discipline, commits one of the offences punishable under the previous article.
Art. 109. Culpable aiding and abetting.
When the execution of any of the offences punishable under
articles 105 and 107 has been made possible, or merely culpably aided and
abetted by any other military person who was charged with looking after or
keeping watch over the property named therein, the culprits shall be punished
with military confinement from one to five years.
Art. 110. Failure to use means to limit the damage in case
of fire or other accident.
The commander of a fortress or military installation or
aircraft or the master of a ship or, in general, of any military facility or
building, who, in case of fire, collision, shipwreck or any other accident,
fails to do his utmost to limit the damage, shall be punished with military
confinement for up to five years.
Art. 111. Abandonment or transfer of command in case of
danger.
A commander who in case of danger, unwarrantedly abandons or
transfers command, shall be punished with military confinement for up to ten
years.
The sentence carries dismissal.
Art. 112. Breach of a commander’s duty to be last to
abandon the ship, the aircraft or station of duty in case of danger.
The commander, who in case of danger or loss of the ship or
aircraft or station under his command, is not the last to abandon the ship, the
aircraft or station, shall be punished with military confinement for no less
than one year.
If the fact made it impossible to salvage the ship or
aircraft or station, military confinement shall not be less than fifteen years.
If the fact caused the death of any of the persons embarked
or on duty in the station, the punishment shall be death penalty by shooting in
the breast (1).
The sentence carries demotion.
(1) See note at article 22.
Art. 113. Failure to give assistance or protection in case of
danger.
The commander of a military force who, unwarrantedly, fails
to give aid to another military force in need of assistance because of an
impending danger, shall be punished with military confinement for up to three
years.
The same punishment shall be imposed on the commander of one
or more military vessels, or one or more military aircraft, who, in cases other
than those provided in the previous sub-section, fails to give naval vessels or
aircraft, national and foreign alike, the assistance or protection he was
capable to give.
The punishment carries dismissal.
Art. 114. Usurpation.
Any person subject to this code who unlawfully assumes or
retains command shall be punished with military confinement from two to fifteen
years.
If the command so unlawfully assumed is considered to be in
derogation of orders by superiors, the punishment shall be increased by a third
to a half.
If the offence was committed on board of a ship or aircraft,
the punishment shall be increased.
In any case, if the offence has jeopardized the outcome of a
military operation, the punishment shall be death penalty by shooting in the
breast (1).
(1) See note at article 22.
Art. 115. Unlawful movement of military forces.
The commander who, without specific appointment or authority
or without necessity, orders a movement of military forces, shall be punished
with military confinement from one to seven years.
Art. 116. Untimely opening of or failure to open a sealed
envelope.
The commander of a military expedition who, having an
envelope to be opened at an opportune time and place, opens it at a different
time and place or fails to open it, shall be punished with military confinement
for no less than five years if the fact jeopardized the outcome of the
expedition.
If the fact was culpably committed, the punishment shall be
military confinement for up to three years.
Art. 117. Failure to fulfil a task.
The commander of a military force, who unwarrantedly fails to
fulfil a task entrusted to him, shall be punished with military confinement for
up to three years.
The sentence carries dismissal.
If failure to perform he task was due to negligence, the
punishment shall be military confinement for up to one year.
section II
ON ABANDONMENT OF THE STATION OF DUTY AND INFRINGEMENT OF
ORDERS.
Art. 118. Abandonment of the station of duty or
infringement of orders by military person on sentry-duty as sentinel or look
out or guard.
Any sentinel or lookout or guard who leaves his post or
disobey orders shall be punished with military confinement for up to three years.
Military confinement shall be from one to five years, if the
offence is committed:
1) during sentry-duty at hangars or storehouse or depots of
weapons, ammunition, inflammable products or explosives:
2) on board of a vessel or aircraft;
3) in any other circumstance of grave danger.
In any case, if the offence has caused serious damage, the
punishment shall be military confinement from seven to fifteen years.
Art. 119. Sentinel or lookout or guard found sleeping
upon his post.
Any sentinel or lookout or guard who, in any of the
circumstances mentioned in the second subsection of the previous article, is
found sleeping upon his post shall be punished with military confinement for up
to one year.
If the fact causes serious damage, the punishment shall be
military confinement for up to two years.
Art. 120. Abandonment of the station of duty or infringements
of orders by military person standing guard or on duty.
In cases other than those named in the two previous articles,
any military person standing guard or on duty who leaves his post or fails to
obey orders shall be punished with military confinement for up to one year.
If the culprit is the commander of a unit or any other
military person who has been detailed to a duty or is the head of the post, or
in the case of armed duty, the punishment shall be increased.
Art. 121. Abandonment of or culpably leaving the convoy.
The commander of an escort to a convoy who abandons it shall
be punished with military confinement from one to five years.
If he culpably remains separated from the whole convoy or
part thereof, the punishment shall be military confinement for up to two years.
Art. 122. Disobedience of orders by a military person
charged with looking after a given thing.
(Declared unlawful by the Constitutional Court, judgement n.
299 of June 15, 1992).
Art. 123. Failure to report for duty.
Any person subject to this code who unwarrantedly fails to
report to perform a duty to which he has been detailed or to reach his post in
case of alert, shall be punished with military confinement for up to six months.
The same punishment shall be inflicted on the member of a
military voluntary corps who, when called to duty, unwarrantedly fails to
report.
Art. 124. Separation of a portion of military forces from
the leader or failure to join him.
In the event of an expedition or other military operation,
the commander of a portion of the military forces who, having parted from his
leader or having been compelled to part from him by necessity or warrantedly,
fails to join him on the shortest possible time, shall be punished with military
confinement for up to three years.
If the act was culpably committed, the punishment shall be
military confinement for up to one year.
The same punishments shall be inflicted on any other military
person who causes one of the above-mentioned facts.
Section III
ON THE BREACH OF DUTIES RELATING TO SPECIAL SERVICES.
Art. 125. Failure to obey orders.
The officer in charge of a mission or an expedition who
unwarrantedly fails to obey the orders received shall be punished with military
confinement for up to three years if the fact jeopardized the outcome of the
mission, expedition, or operation.
This sentence carries dismissal.
If the act was culpably committed, the punishment shall be
military confinement for up to six months.
Art. 126. Prison guard who culpably suffers any prisoner
to escape.
Any person subject to this code who, having been charged with
keeping watch even temporarily over a person apprehended or arrested for a
military offence, culpably suffers him to escape, shall be punished with
military confinement for up to three years.
The culprit is not punishable if within three months from
such escape he helps to apprehend the person escaped or induces him to present
himself before the authorities.
Art. 127. Spreading of secret or confidential
information.
Except when the fact constitutes a more serious offence, a
person subject to this code who discloses information relating to military
service or discipline in general that he knows by reason of his office or
service, and which must be kept secret, shall be punished with military
confinement from six months to three years.
If the information is not secret but is of a confidential
nature, having its spreading been prohibited by the competent authority, the
punishment shall be military confinement for up to two years.
If the fact was culpably committed, the punishment will be
military confinement for up to one year.
Art. 128. Opening, suppression, failure to deliver
dispatches; disclosure of the content of messages.
Any person subject to this code who opens, suppresses, forges
or fails to deliver a written order or any other dispatches he had been detailed
to deliver, or who discloses the content of telegraph, radiotelegraph, telephone
messages or the like that he knows by reason of his office or service, shall be
punished with military confinement for up to five years.
The same punishment shall be inflicted on any other military
person who, being in charge of the telegraph, radiotelegraph, or telephone
service or the like, suppresses, unfaithfully copies or otherwise forges a
service-related order or dispatch.
Any person subject to this code who culpably fails to take
care of, deliver or transmit the order or dispatch or message to the lawful
addressee, shall be punished with military confinement for up to one year.
Art. 129. Opening or abstraction of mail committed by any
military person who is in charge of military mail, telegraph or telephone
service.
Any person subject to this code in charge of military mail,
telegraph or telephone service who, abusing his office, learns of the content of
a sealed writing or other sealed envelope or parcel, or otherwise abstracts or
conceals, with the intent to have other people to know their content, sealed or
open mail or other sealed envelope or parcel or destroys or suppresses them all
or in part, shall be punished with military confinement from 6 months to 3
years, if the act is not considered an offence under the law.
If the offender unwarrantedly discloses in full or in part
the content of mail or sealed envelope or parcel, the punishment shall be
military confinement from 6 months to 5 years, if the act does not constitute a
more serious offence.
The provisions above also apply to a military person who,
having been charged with delivering mail, commits one of the acts named above.
Nevertheless, the punishment is decreased.
For the purpose of the provisions of this section, mail means
correspondence, telegraph messages or telephone calls.
Art. 130. Disclosure of the content of mail or message by any
military person in charge of the military mail, telegraph or telephone service.
Any person subject to this code who being in charge of the
military mail, telegraph or telephone service and having learned, by reason of
his office, of the content of an open envelope or a telegraph message or a
telephone call, wrongfully discloses it to persons other than the addressee or
to persons other than the parties to the message or telephone call, shall be
punished with military confinement from six months to three years.
Art. 131. Aggravating circumstance.
If any of the offences mentioned in the three previous
articles caused detriment to the military service, the punishment shall be
increased.
Art. 132. Delinquency in the procurement of provisions.
Any person subject to this code who, having been required, by
reason of his office or service, to see to the procurement or provision of
victuals or other things to any of the military services, fails to procure them,
shall be punished with military confinement from one to five years.
If the act was culpably committed, the punishment shall be
military confinement for up to one year.
Art. 133. Unauthorized requisitioning.
Any person subject to this code who makes a requisition which
is outside the scope of his powers, shall be punished with military confinement
for up to three years.
If violence has been employed, the punishment shall be
military confinement from one to five years.
Art. 134. Abuse of power in requisitioning.
Any person subject to this code who having been charged with
requisitioning things or facilities, refuses to issue a receipt or otherwise
abuses the powers conferred upon him by laws and regulations, shall be punished
with military confinement for up to three years provided that the act does not
constitute a more serious offence.
If violence has been employed, the punishment shall be
military confinement for up to ten years.
If military housing is involved, any military person who
compels a person in charge of the housing to give more than is due or otherwise
to tolerate his taking possession of or using it, shall be punished with
military confinement for up to three years.
Art. 135. Abuse of power in embarkation of goods or
passengers.
Any person subject to this code who without authorisation
embarks or suffers to embark goods or passengers on board of military vessels or
aircraft, shall be punished with military confinement for up to two years.
Art. 136. Abuse of power in the work of workshops or
other military laboratories.
Any person subject to this code who being in charge of
military workshops or other laboratories and who, in derogation of regulations
or orders of his superiors works there or let others work there on his or other
people’s behalf, shall be punished with military confinement for up to two
years.
Section IV
ON THE BREACH OF SPECIAL DUTIES
RELATING TO THE MILITARY STATUS.
Art. 137. Cowardly conduct.
Any person subject to this code who, in case of storm,
shipwreck, fire or other grave danger, does acts which may cause fear or
disorder shall be punished with military confinement from six months to five
years if fear and disorder are actually caused and the fact is such as to
endanger the security of a military place.
The sentence involves dismissal.
Art. 138. Failure to prevent military offences.
Without prejudice to the provision in the second subsection
of article 40 of the penal code, any person subject to this code who, out of
fear of a danger or other unjustifiable reason, fails to take all reasonable
means to prevent the commission of any of the offences against allegiance or
military defence, or to prevent a mutiny or sedition being committed in his
presence, shall be punished:
1) with imprisonment for no less than ten years if the
offence carries the death penalty (1)
with demotion or a life sentence;
2) in all other cases, with the punishment authorized for
that offence, reduced by a half to two thirds.
If the culprit is the senior in rank or superior in command
or the oldest among peers, the punishment shall be as authorized for that
offence. Nevertheless, the judge may reduce the severity of the sentence.
For the purpose of the provisions in subsections above, in
determining the punishment authorized for the offences named therein, no account
is taken of the punishment authorized for ring-leaders, abettors or organizers
of the offence or those who have directed the commission thereof.
(1) See note at article 22.
Section V
ON DRUNKNESS ON DUTY.
Art. 139. Concept of the offence and aggravating
circumstances.
Any person subject to this code who is found drunk on duty,
either wilfully or culpably, to such an extent that his capacity for performing
duty is impaired or annulled, shall be punished with military confinement for up
to six months.
If the act was done by the unit’s commander or by any other
military person in charge of the service or post, the punishment shall be
military confinement for up to one year.
The same punishments shall be imposed when the capacity for
performing duty is annulled or impaired by the use of narcotics.
Chapter II
ON OFFENCES AGAINST MILITARY PERSONNEL ON DUTY.
Art. 140. Failure to obey orders.
Any person subject to this code who disobeys orders shall be
punished with military confinement from six months to two years.
If the act was committed in any of the circumstances set out
under the second subsection of article 118 above, the punishment shall be
military confinement from two to seven years.
If the act was done with the use of weapons or in concert by
three or more persons, or has caused serious damage, the punishment shall be
increased.
Art. 141. Resistance, threat or insult to a sentinel,
lookout or guard.
Any person subject to this code who fails to obey the order
of a sentinel, lookout or guard who is complying with orders received, shall be
punished with military confinement for up to one year.
Any military person who threatens or insults a sentinel,
lookout or guard shall be punished with military confinement from one to three
years.
Art. 142. Violence to a sentinel, lookout or guard.
Any person subject to this code who does violence to a
sentinel, lookout or guard shall be punished with military confinement from one
to five years.
If violence was done with weapons or in concert by more
persons, the punishment shall be military confinement from three to seven years.
Art. 143. Resistance to armed force.
Any person subject to this code who does violence or
threatens a military armed force, while this acts in the performance of its
duty, shall be punished with military confinement from six months to five years.
If violence or threat have been done in concert by more
persons, the punishment shall be increased.
If violence or threat were done in concert by more than five
persons or by the use of weapons even by only one of them, or by more than ten
persons even without weapons, the punishment shall be military confinement from
three to seven years.
Art. 144. Aggravating circumstance.
In the cases under articles 142 and 143, if violence consists
in homicide, either murder or manslaughter, or in a most serious or serious
personal injury, the punishments shall be as provided for in the penal code.
However, the temporary sentence of detention is increased.
Art. 145. Holding back dispatch riders.
Any person subject to this code who with violence or
deception stops or holds back any other military person, boat, aircraft or, in
general, vehicles sent with orders or dispatches containing military orders, or
suppresses dispatches or otherwise hinders the transmission thereof, shall be
punished with military confinement from two to seven years.
Art. 146. Threat to a subordinate to force him into an
action contrary to his duties.
Any person subject to this code who threatens a subordinate
to force him to do an action which is contrary to his duty or to do or fail to
do an act relating to his office or service, shall be punished with military
confinement from six months to five years.
Chapter III
ON OFFENCES RELATED TO ABSENCE FROM DUTY AND STATION.
Section I
ON ABSENCE WITHOUT LEAVE.
Art. 147. Concept of the offence; punishment.
Any person subject to this code who, being employed in the
military service, without authority goes and remains absent from the place of
duty for one day, shall be punished with military confinement for up to six
months.
The same punishment shall be inflicted upon any military
person who, having ended a lawful leave of absence, unwarrantedly fails to
return to his place of duty the day after the date he is required to return.
The provisions in this article do not apply when the act
constitutes desertion.
Section II
ON DESERTION.
Art. 148. Concept of the offence; punishment.
Any person subject to this code who while being employed in
the military service:
1) without authority quits or remains absent from his place
of duty for five days in a row;
2) after a lawful leave of absence, unwarrantedly fails to
return to duty within five days from the date he is required to report;
commits desertion and shall be punished with military
confinement from six months to two years.
Art. 149. Immediate desertion.
Any person subject to this code shall be considered
immediately a deserter if he:
1) being destined to an expeditionary corps or operation or
belonging to the crew of a military vessel or aircraft, without authorization,
absents himself at the time of the departure of the corps, vessel or aircraft;
2) escapes while serving a sentence in a military place of
confinement;
3) escapes while in pre-trial detention in a military place
of confinement or any other place because of a military offence;
4) without authorization embarks for service on a foreign
vessel or aircraft or with the armed forces of another country;
5) quits military service and gets himself replaced.
A deserter shall be punished with military confinement from
one to three years in the case set forth in clauses 1, 2 and 3; from two to five
years in the case mentioned in clause 4; from five to seven years in the cases
mentioned in clause 5.
In the cases mentioned in clauses 2 and 3, the provisions of
article 385 of the penal code do not apply.
Art.150. Aggravating circumstances: going abroad; prior
agreement.
In the cases provided in the previous articles, if the
military person goes abroad to shirk military service, the punishment is
increased.
The punishments provided in the previous articles are
increased by a third to a half when desertion is committed by three or more
military persons with prior agreement.
In the case provided in the previous subsection, the
punishment shall always be increased by a half for ring-leaders, abettors and
organizers.
Section III
FAILURE TO REPORT FOR SERVICE.
Art. 151. Concept of the offence; punishment.
Any person subject to this code who being drafted into the
ranks for military service unwarrantedly fails to report within five days from
the date he is required to do so, shall be punished with military confinement
from six months to two years.
The same punishment shall be inflicted on a military person
on discharge who being called for service unwarrantedly fails to report within
three days from the date he is required to do so.
If the call for service was made for training purposes only,
the military person who unwarrantedly fails to report within eight days from the
date he was prescribed to do so, shall be punished with military confinement for
up to six months.
Art. 152. Aggravating circumstance: going abroad.
In the cases mentioned in the first two paragraphs of the
previous article, if the military person goes abroad to avoid military service
the punishment is increased.
Art. 153. Military person called to military service who
gets himself replaced.
Any person subject to this code who, having been called for
service in any of the cases named in article 151, fails to report and gets
another person to report in his place shall be considered immediately missing to
the call and shall be inflicted the punishments prescribed in the same article,
increased by a third to a half.
Section IV
Provisions common to sections second and third.
Art. 154. Aggravating and extenuating circumstances in
relation to the duration of the absence.
In the cases provided for in section second and third:
1) if the absence is longer than six months, the punishment
shall be increased by a third to a half;
2) if the absence is lower than fifteen days, the
punishment shall be decreased by a third to a half.
Art. 155. Person who replaces the diserter or the person
missing to the call.
In the cases provided for in clause 5 of article 149 and in
article 153, the person who replaces a deserter or a person missing to the call
shall be punished as prescribed therein. However, the punishment may be
decreased.
Art. 156. Dismissal.
The sentence for some of the offences provided for in
sections II and III, except for the offence named in the last subsection of
article 151, carries dismissal.
Chapter IV
ON MUTILATION AND MALINGERING.
Art. 157. Self-injury for the purpose of permanently
avoiding military service.
Any person subject to this code who, with intent to
permanently avoiding military service, either imposed by law or voluntary,
inflicts upon himself a mutilation, injury, physical defect, or any other
permanent disablement making him unfit for military service, shall be punished
with confinement from six to fifteen years.
Attempted felony shall be punished according to art. 46,
replacing confinement with "military confinement".
Art. 158. Self-injury for the purpose of temporarily avoiding
military service.
Any person subject to this code who, with intent to
temporarily avoiding military service, either imposed by law or voluntary,
inflicts upon himself a mutilation, injury, physical defect, or any other
permanent disablement making him temporarily unfit for military service, shall
be punished with military confinement for not more than five years.
The same punishment shall be inflicted to any person subject
to this code who, with intent to avoiding a particular duty with a corps, branch
or speciality, or in any case to impairing his unconditional fitness for
military service, inflicts upon himself a mutilation, injury, physical defect or
any other disablement making him unfit for a particular duty with a corps,
branch or speciality, or impairs his unconditional fitness for military service,
or intentionally becomes temporarily unfit for military service.
If a permanent unfitness for military service derives from
the above-mentioned actions, he shall be punished with confinement from five to
ten years.
Art. 159. Malingering.
Any person subject to this code who feigns illness or
disablement, so that he misleads his superiors or any other military
authorities, shall be punished with military confinement for not more than three
years, if malingering is aimed at avoiding military service either imposed by
law or voluntary, and with military confinement for not more than one year, if
malingering is aimed at avoiding a particular duty with a corps, branch or
speciality.
Art. 160. Offences committed by persons already included in
the draft lists awaiting actual induction and by discharged personnel.
The provisions of the previous articles shall also apply
to:
1) persons already included in the draft lists awaiting
actual induction;
2) personnel discharged to the reserve. If recalled and as
soon as they report for duty, they may be charged with offences committed
while discharged.
Art. 161. Self-injury or malingering for the purpose of
avoiding some of the duties related to military service.
Except for the cases mentioned in the previous articles, any
person subject to this code who, for the purpose of avoiding any duties related
to military service, makes himself in any way unfit for such duties, or feigns
illness or disablement, shall be punished with military confinement for not more
than six months.
If the person in question becomes unfit for military service
as a result of this offence, article 158 shall apply.
Art. 162. Aggravation for principals in the second degree.
Punishment of principals in the second degree in any offences
provided for in this chapter shall be increased if they participated with a view
to profit.
The public official, the physician, the surgeon or any other
person practising a medical profession, who is a principal in the second degree
in an offence provided for in the previous articles, shall be adjudged a
punishment increased by a third to a half.
Punishment shall be increased by a half if the offender is an
officer.
Art. 163. Additional military punishment.
In the cases mentioned in the previous articles the sentence
entails dismissal, when demotion is not applicable.
Chapter V
On destruction, disposal, purchase or withholding
of military property.
Art. 164. Destruction or disposal of military armament
equipment.
Any person subject to this code who diverts, destroys,
suppresses, wastes, spoils, makes totally or partially unserviceable or
otherwise disposes of the weapons, war ammunition, equipment or other items
which are issued to him by the military administration according to
regulations as part of his military equipment, shall be punished with military
confinement for not more than four years.
Art. 165. Destruction or disposal of military clothing or
equipment.
Any person subject to this code who diverts, destroys,
suppresses, wastes, spoils, or otherwise disposes of items which are issued to
him by the military administration as part of his military clothing or
equipment, shall be punished with military confinement for not more than six
months.
Art. 166. Purchase or withholding of military items.
Any person subject to this code who, for any reason,
purchases or witholds any military clothing, equipment or armament or any other
items intended for military use, shall be punished according to the previous
articles, unless such items are marked as disused or he can prove that they have
lawfully ceased to be a military property.
Chapter VI
On destruction or spoilage of military property.
Art. 167. Destruction or sabotage of military assets.
Except for the cases provided for in articles 105 to 108,
any person subject to this code who totally or partially destroys or makes
unserviceable, even temporarily, any vessels, aircraft, convoys, roads,
workshops, depots or other military assets or any assets used by the Armed
Forces, shall be punished with confinement for not less than eight years.
If the offender has compromised the national military
preparedness or efficiency, he shall receive a death penalty (1)
from demotion.
If the offence was committed culpably, it will be punished
by military confinement for not more than five years.
(1) See note at article 22.
Art. 168. Damage to military buildings.
Except for the cases provided for in the first two
subsections of the previous article, any person subject to this code who damages
military buildings shall be punished with military confinement for not more than
five years.
Art. 169. Destruction or spoilage of military movable
property.
Except for the cases provided for in articles 164 and 165,
any person subject to this code who totally or partially destroys, wastes,
spoils or makes unserviceable any items, weapons, ammunition or any other
military movable property shall be punished with military confinement from six
months to four years.
In case of offence committed on board a naval vessel or
military aircraft, the offender shall be punished with military confinement from
two to five years; this term can be extended to fifteen years, if the
vessel/aircraft got lost or could no longer perform its assigned task as a
result of this offence.
Art. 170. Culpable offences.
If the offences provided for in articles 168 and 169 are
committed culpably, the offender shall be punished with military confinement for
not more than six months.
Art. 171. Aggravating and extenuating circumstances related
to the extent of damage.
In the cases provided for in articles 168 and 169:
1) the offender shall be punished with confinement for not
less than five years, if the resulting damage is of considerable extent;
2) the punishment shall be mitigated in case of
particularly slight damage.
Art. 172. Killing or ill-treating a horse or another animal
in service with the Armed Forces.
Any person subject to this code who unnecessarily kills or
ill-treats a horse or another animal in service with the Armed Forces with the
result that it cannot be used any more, shall be punished with military
confinement from six months to four years.
Title III
ON OFFENCES AGAINST MILITARY DISCIPLINE.
Chapter I
On disobedience.
Art. 173. Definition of the offence and aggravating
circumstances.
Any person subject to this code who refuses or fails to
obey or is late in obeying an order of a superior related to service or
discipline shall be punished with military confinement for not more than one
year.
If the offence was committed during service or on board a
ship/aircraft, the term of military confinement shall range from six months to
one year; this term may be extended to five years if the offence was committed
during a fire/epidemic or in another situation of serious danger.
Chapter II
On military revolt, mutiny or sedition.
Art. 174. Revolt.
Any person subject to this code who, in a group of at least
four members:
1) refuses or fails to obey or is late in obeying an
order of a superior while on armed duty;
2) takes up arms arbitrarily and refuses or fails to obey
or is late in obeying the order given by a superior to lay them down;
3) behaving in a violent and unrestrained way, refuses or
fails to obey or is late in obeying the order of his superior to disperse or
return to normal;
shall be punished with military confinement from three to
fifteen years.
The person who promotes, organizes or directs the revolt
shall be punished with military confinement for not less than fifteen years.
The sentence entails dismissal.
Art. 175. Mutiny.
Except for the cases provided for in the previous article,
any person subject to this code who, in a group of at least four members:
1) refuses or fails to obey or is late in obeying an order
of a superior;
2) persists in submitting a written or oral request,
statement or complaint;
shall be punished with military confinement from six months
to three years.
The person who promotes, organizes or directs the mutiny
shall be punished with military confinement from one to five years.
If the offence was particularly serious due to the number of
offenders and the reasons which gave rise to the mutiny, or if it was committed
on board a ship/aircraft in a state of danger, the above punishments shall be
increased by a half to two thirds.
The sentence entails dismissal.
If the offender yields to the first order to stop the
mutiny,he shall be punished with military confinement for not more than six
months, or one year if he promoted, organized or directed the mutiny.
Art. 176. Provocation by a superior.
If an offence provided for in the two previous articles was
committed in a fit of anger aroused by an unjust act of a superior, such as a
violent or seriously offensive act against the subordinate, who reacted
immediately after, the above-mentioned punishments shall be decreased by a third
to a half.
Art. 177. Failure to report an offence.
Any person subject to this code who, having learned of an
offence named in articles 174 and 175, even if he did not witness it, fails to
make it known immediately to his superiors, shall be punished with military
confinement for not more than one year.
If the offender is an officer, the term of military
confinement will range from one to two years.
Art. 178. Agreement to revolt or mutiny.
When four or more persons subject to this code agree to
commit an offence of revolt or mutiny provided for in the previous articles and
fail to commit it, they shall be punished with the punishment provided for the
commission of the offence, decreased by a third to a half.
Art. 179. Conspiracy aimed at compromising the security of
the place or the commander’s authority.
When several persons subject to this code agree to commit an
offence in order to compromise security of a ship, aircraft, fort or place or to
prevent the Commander from exercising his powers, for this sole reason each of
them shall be punished with military confinement for not less than two years.
Art. 180. Collective request, statement or complaint
agreed in advance (1).
If the request, statement or complaint is submitted by four
or more persons subject to this code through a public demonstration, punishment
shall be military confinement from six months to three years.
(1) See Constitutional Court, judgement
n. 126 of May 2, 1985.
Art. 181. Non punishable offenders.
The following persons are not punishable for the offences
named in the three previous articles:
1) those who withdraw from the agreement before the
relevant offence has been committed as well as before arrest or proceedings;
2) those who prevent in any way the relevant offence from
being committed.
Art. 182. Seditious activities.
Any person subject to this code who stirs up discontent with
military service or with performance of special duties in other persons subject
to this code, shall be punished with military confinement for not more than two
years.
Art. 183. Seditious demonstrations and shouts.
Any person subject to this code who has a seditious behaviour
or gives seditious shouts in public, for this sole reason shall be punished with
military confinement for not more than one year.
Art. 184. Subscription for complaint or protest.
Military gathering.
Any person subject to this code who promotes or signs a
subscription for a collective complaint or protest on matters concerning
military service or discipline shall be punished with military confinement for
not more than six months.
The same punishment is applicable to any person subject to
this code who arbitrarily promotes or participates in a military gathering in
order to deal with matters related to military service or discipline.
Art. 185. Unauthorized release of statements or declarations.
Any person subject to this code who, in concert with any
other persons subject to this code, releases unauthorized statements or
declarations concerning military personnel or matters shall be punished with
military confinement for not more than six months.
Chapter III
On insubordination.
Art. 186. Violent insubordination.
Any person subject to this code who offers any violence
against a superior shall be punished with military confinement from one to three
years.
If the act of violence consists in murder, either attempted
or consummated, manslaughter or serious/very serious physical injury, it shall
be punished with the punishment provided by the penal code for the commission of
the corresponding offence. The term of temporary confinement may be increased.
Art. 187. Aggravating circumstances.
Punishment for the offence named in the previous article may
be increased if the act of violence is committed against the unit commander, a
military person in charge or the post chief.
Art. 188. Extenuating circumstance: cause unrelated to
military service and discipline
(Superseded by article 7, law n. 689 of November 26, 1985)
Art. 189. Insubordination accompanied by threats or insults.
Any person subject to this code who, in the presence of a
superior, threatens to cause him an unjust injury shall be punished with
military confinement from six months to three years.
Any person subject to this code who hurts the prestige,
honour and dignity of his superior in his presence shall be punished with
military confinement for not more than two years.
The same punishment shall be inflicted to any person subject
to this code who commits the offences named in the previous subsections by
addressing his superior by telegraph, telephone, radio, television, drawings,
writings or through any other means of communication.
Art. 190. Aggravating circumstances.
The punishments provided for in the previous article are
increased:
1) if the threat is aimed at forcing the superior to commit
an act contrary to his duties, to commit or fail to commit an act relevant to
his office/service, or to exert any influence on the superior;
2) if the superior in question is the unit commander, a
military person in charge or a post chief;
3) in case of serious threats or in the cases named under
art. 339, subsection 1 of the penal code.
The cases named in art. 339, subsection 2 shall be punished
with military confinement from three to fifteen years.
Art. 191. Use of threats or insults in the absence of a
superior
(Superseded by article 7 of law n. 689 of November 26, 1985).
Art. 192. Extenuating circumstance: cause unrelated to
military service and discipline.
(Superseded by article 7 of law n. 689 of November 26, 1985).
Art. 193. Functions exercised by a superior.
(Superseded by article 7 of law n. 689 of November 26, 1985).
Art. 194. Provocation of a superior.
(Superseded by article 7 of law n. 689 of November 26, 1985).
Chapter IV
On abuse of authority.
Art. 195. Violence against a subordinate.
Any person subject to this code who offers any violence
against a subordinate shall be punished with military confinement from one to
three years.
If the act of violence consists in murder, either attempted
or consummated, manslaughter or serious/very serious physical injury, it shall
be punished with the punishment provided by the penal code for the commission
of the corresponding offence. The term of temporary confinement may be
increased.
Art. 196. Threats or insults to a subordinate.
Any person subject to this code who, in the presence of a
subordinate, threatens to cause him an unjust injury shall be punished with
military confinement from six months to three years.
Any person subject to this code who hurts the prestige,
honour and dignity of his subordinate in his presence shall be punished with
military confinement for not more than two years.
The same punishments shall be inflicted to any person
subject to this code who commits the offences named in the previous
subsections by addressing his subordinate by telegraph, telephone, radio,
television, drawings, writings or through any other means of communication.
The punishment shall be increased in case of serious
threats or in the cases named under art. 339, subsection 1, of the penal code.
The cases named in art. 339, subsection 2, shall be
punished with military confinement from three to fifteen years.
Art. 197. Extenuating circumstance: causes unrelated to
military service and discipline.
(Superseded by article 7 of law n. 689 of November 26,
1987).
Art. 198. Provocation.
If one of the offences provided for in chapters III and IV
was committed in a fit of anger aroused by an unjust act either of a superior
or of a subordinate, immediately after the unjust act or as soon as the
culprit learned of it, the life sentence shall be replaced with confinement
for not less than fifteen years and the other punishments shall be decreased
by one third to one half.
Chapter V
Provision applicable to chapters III and IV.
Art. 199. Offences for reasons unrelated to service or
military discipline.
The provisions of chapters III and IV are not applicable if
any of the relevant offences have been committed for reasons unrelated to
service or military discipline, not in the presence of military personnel
assembled for duty and if the offender was not on duty or on board a naval
vessel/military aircraft.
Chapter VI
ON DUELLING.
Section I
General provisions.
Art. 200. Applicable military provisions.
(Considered to be anachronistic and therefore no longer
applicable).
Section II
Duel between a superior and a subordinate.
Art. 201. Subordinate challenging a superior; acceptance;
duel.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 202. Superior challenging a subordinate; acceptance;
duel.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 203. Promotion of a subordinate.
(Considered to be anachronistic and therefore no longer
applicable).
Section III
Duel between peers.
Art. 204. Challenge; acceptance; duel.
(Considered to be anachronistic and therefore no longer
applicable).
Section IV
Provisions applicable to sections second and third.
Art. 205. Instances of non punishableness.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 206. Aggravating circumstances and extenuating
circumstance.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 207. Exclusion of dismissal.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 208. Failure to submit the case to the court of honour.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 209. Instances of imposition of the punishments
authorized for insubordination, abuse of authority, murder and personal
injury.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 210. Authority of not submitting to trial or not
pronouncing judgement.
(Considered to be anachronistic and therefore no longer
applicable).
Art. 211. Duel between military personnel on active duty
and discharged personnel and between military personnel on duty and persons
unrelated to the national Armed Forces.
(Superseded by article 5, law n. 167 of March 23, 1956).
Chapter VII
On instigation to crime.
Art. 212. Instigation to commit military offences.
Unless otherwise provided for by law, any person subject to
this code who instigates another or other persons in military service to commit
a military offence shall, if instigation has no effect or if the offence
solicited is neither attempted nor committed, be punished with military
confinement for not more than five years. However, the punishment for
instigation shall always be less than half the punishment for the corresponding
offence.
The same punishment shall be applied in case of instigation
of a military person discharged to the reserve to commit an offence for which
the military penal law is also applicable to discharged personnel (see article 7
of this code).
If the culprit is higher in rank than the instigated person,
the sentence entails dismissal.
Art. 213. Instigation of military persons to break the law.
Any person subject to this code, who is found guilty of the
offences of instigation or illegal apology of crime mentioned in article 266 of
the penal code towards military personnel either in military service or
discharged, shall be punished with the punishments provided in the above article
increased by one sixth to one third.
The same punishments are applicable to any person subject to
this code who instigates any persons already included in the draft lists
awaiting actual induction not to fulfil the duties relevant to their status.
The sentence entails dismissal, when demotion is not
applicable.
Art. 214. Discharged personnel.
Article 212 is also applicable to military personnel
discharged to the reserve, if instigation concerns exclusively military offences
or offences for which the military penal law is also applicable to discharged
personnel (see article 7 of the Peacetime Military Penal Code).
Title IV
SPECIAL OFFENCES AGAINST THE MILITARY ADMINISTRATION, AGAINST
PUBLIC FAITH, AGAINST THE PERSON
AND AGAINST THE PROPERTY.
Chapter I
On larceny and wrongful appropriation.
Art. 215. Larceny.
Any person subject to this code performing administrative
or command functions who, having in his care for reasons of his office or
service money or any other movables belonging to the military administration,
unlawfully appropriates them shall be punished with a term of confinement from
two to ten years.
Art. 216. Wrongful appropriation to the detriment of the
military.
Any person subject to this code performing administrative or
command functions, who wrongfully takes or in any case withholds money or other
movables belonging to another military of which he is in possession for reasons
of his office or service, shall be punished with a term of confinement from two
to eight years.
Art. 217. Wrongful appropriation of the postman.
Any person subject to this code, serving as a postman who
commits the appropriation or misappropriation as provided for in the two
previous articles, or who by any means appropriates to his own use or the use of
others valuables or, items of which he is in possession for reasons of his
office or service, to the detriment of the military administration or the
military, shall be adjudged the punishments envisaged in the above mentioned
articles reduced by a third to a half.
Art. 218. Larceny by taking advantage of another’s error.
Any person subject to this code who, in performing
administrative or command functions and taking advantage of another’s error,
unlawfully receives or keeps for his own use or the use of others money or other
movables belonging to another military person or the military administration
shall be punished with a term of confinement from two months to three years.
Art. 219. Additional Punishment.
All sentences in respect of any of the offences specified in
the foregoing articles entail discharge, if demotion is not applicable.
Chapter II
On forgery.
Art. 220. Forged leave and travel orders and the like.
Any person subject to this code who falsely makes, fully or
partially, a leave or travel order or a pass or a permit of movement within a
military workshop or a pass to have access to a military medical facility, or
alters any of the above mentioned genuine papers, permits or documents shall be
punished with confinement for no more than a year.
The same punishment is applicable to any military person who
utilises any of the papers, permits or documents specified in the foregoing
sub-section, falsely made or altered by others or unaltered and regularly given
to another person.
Art. 221. Unlawful wearing of military decoration and badges.
Any person subject to this code who unlawfully wears military
decorations, or military licences, specialities, positions or rank insignia in
public shall be punished with confinement for no more than six months.
Chapter III
On offences against the person.
Art. 222. Assault.
Any person subject to this code who commits an assault on
another military person, shall be punished with confinement for no more than six
months, provided that it does not produce a physical or mental illness.
This provision is not applicable when the assault is
considered by law an essential constituent or an aggravation of another offence.
Art. 223. Personal injury.
Any person subject to this code who causes damage to another
military person from which a physical or mental illness derives shall be
punished with military confinement from two months to two years.
If the duration of the illness is inferior to ten days and
none of the aggravations provided for in articles 583 and 585 of the penal code
occurs, a term of military confinement of not more than six months is
applicable.
Art. 224. Serious or very serious personal injury.
If the personal injury caused by the military person to
another military person is serious, a term of confinement from two to seven
years is applicable. If the injury is very serious, a term of confinement from
five to twelve years is applicable.
Art. 225. Aggravating and extenuating circumstances.
In the cases provided for in the two foregoing articles, the
punishment shall be increased by a term of confinement from a third to a half if
any of the aggravations specified in article 576 of the penal code occurs; it
shall be increased by no more than a third if any of the aggravations specified
in article 577 of the above mentioned code occurs, or if the injury is committed
with weapons or corrosive substances.
If any of the offences provided for in the three foregoing
articles is committed for reasons of honour, under the circumstances specified
in article 587 of the penal code, the provisions of this code are applicable and
the relevant punishment of confinement is replaced with the punishment of
military confinement.
Art. 226. Abuse.
Any person subject to this code, who offends the honour or
dignity of another military person in his presence, shall be punished with a
military confinement of no more than four months provided that it is not a more
serious offence.
The same punishment shall apply to any military person who
commits the offence addressing the offended person by telegraph, telephone,
writings or drawings.
A term of military confinement of no more than six months is
applicable if the offence consists in the attribution of a given fact.
Art. 227. Defamation.
Any person subject to this code who, except for the cases
named in the previous article, in speaking to others, offends the reputation of
another military person, for this sole reason, shall be punished with a term of
military confinement of no more than six months.
If the offence consists in the attribution of a given fact,
or is committed through the mass media or in public, the punishment shall be a
term of military confinement from six months to three years.
If the offence is committed against a military corps or a
military judicial or administrative body, the punishment shall be increased.
Art. 228. Mutual offences. Provoking speeches or gestures.
In the cases provided for in article 226, if the offences are
mutual, one or both offenders can be declared not punishable by the judge.
Any military person who has committed any of the offences
provided for in articles 226 and 227 in a state of fury caused by an unjust act
of others or immediately after it is not punishable.
Art. 229. Threat.
Any person subject to this code, who threatens another
military person with an unjust damage, for this sole reason, shall be punished
with a term of military confinement of no more than two months.
In case of a serious threat, a military confinement of no
less than six months is applicable.
If the threat is exerted as provided for in article 339 of
the penal code, the punishment shall be a term of military confinement of no
less than a year.
Chapter IV
On offences against the property.
Art. 230. Larceny.
Any person subject to this code who, in a military place,
wrongfully takes anything from the possession of its owner in order to
appropriate it to his own use or the use of any person other than the owner
shall be punished with a term of confinement from two months to two years.
If the offence is committed against the military
administration it shall be punished with a term of military confinement from one
to five years.
The sentence does not entail dismissal.
Under the military penal code, the terms of military place
include barracks, ships, aircraft, workshops and any other place in which
military personnel can be found although temporarily, by reasons of service.
Art. 231. Aggravating circumstances.
The punishment shall be a term of confinement from one to
five years in the case provided for in the first subsection of the foregoing
article and a term of confinement from two to seven years in the case provided
for in the second subsection of the same article:
1) if the culprit offers violence against property or acts
with intent to defraud;
2) if the culprit has weapons or drugs in his possession
without using them;
3) if the offence is committed with skill or snatching
anything from the hands or body of any person;
4) if the offence is committed by three or more persons, or
also by only one disguised person.
If two or more circumstances listed in the previous
subsection occur, or if one of these circumstances occurs together with another
of those mentioned in article 61 of the penal code or article 47 of this code, a
term of confinement from two to eight years is applicable in the case provided
for in the first subsection of the previous article and a term of confinement
from three to ten years in the case provided for in the second subsection of the
same article.
The sentence entails dismissal if demotion is not applicable.
Art. 232. Theft performed to the detriment of a superior or
in the latter's house by a military person assigned to his service.
Any military person in the personal service of a superior,
who in any place wrongfully takes from the possession of a superior any item and
appropriates it to his own use or the use of any person other than the owner,
shall be punished with a term of confinement from two to seven years.
The above provision applies also if the theft is performed in
the superior's house to detriment of a person living with him.
In the presence of any of the circumstances specified in the
first subsection of the preceeding article, a penalty from three to ten years is
applicable.
In the presence of two or more circumstances specified in the
first subsection of the preceeding article or if any of these circumstances
contributes with any other specified in article 61 of the penal code or in
article 47 of this code, a term of confinement from four to twelve years is
applicable.
The sentence involves dismissal if it does not carry
demotion.
Art. 233. Larceny of another’s personal property of small
value or with the intent to use it. Larceny of clothes or equipment.
A term of military confinement of no more than six months is
applicable:
1) if the culprit has acted only with intent to temporarily
use the stolen property which has been immediately returned after its
temporary use;
2) if the theft concerned items of small value or the
offence has been committed to satisfy a serious and urgent need;
3) if the theft concerned military clothes or equipment in
order to make up for shortages in personal outfit.
These provisions do not apply under any of the circumstances
specified in clauses 1, 2 and 3 of the first subsection of article 231.
Art. 234. Fraud.
Any person subject to this code, who by artifices or tricks,
deceives another to his own advantage or to the advantage of any other person to
the detriment of another military person, shall be punished with a term of
military confinement from six months to three years.
The punishment shall be a term of military confinement from
one to five years:
1) if the offence is committed against the military
administration or on the pretext of exempting any person from military
service;
2) if the offence is committed causing the offended person
to believe in an imaginary danger or to be erroneously convinced of having to
carry out an order.
The sentence entails dismissal.
Art. 235. Wrongful appropriation.
Any person subject to this code, who appropriates to his own
use or the use of any person other than the owner any money or item in his
possession for whatever reason, shall be punished with a term of military
confinement of no more than three years.
If the offence is committed in connection with property held
on consignment by reasons of service or belonging to the military
administration, the punishment shall be increased.
If the offence is committed in connection with military items
of clothing and equipment in order to make up for shortages in one’s own
personal outfit, a term of military confinement of no more than six months is
applicable.
In the cases provided for in the first and second
subsections, the sentence entails dismissal.
Art. 236. Appropriation of lost properties or properties
obtained by mistake or by chance.
Any person subject to this code who:
1) having found lost money or property in a military place
appropriates it or does not hand it over to his superior within 24 hours;
2) appropriates items belonging to other military or to the
military administration or obtained by mistake of others or by chance,
shall be punished with military confinement for no more
than six months.
If the culprit knows the owner of the property he has
misappropriated, he shall be punished with military confinement for no more than
two years.
Art. 237. Receiving stolen goods or property.
Except for abetment, any person subject to this code who, to
his own advantage or to the advantage of others, acquires, receives or hides
money or any items resulting from any military offence or is somehow involved in
their acquisition, reception or concealment, shall be punished with military
confinement for no more than two years.
If the money or the property have been taken in connection
with a military offence entailing confinement for more than five years or a
longer confinement, a term of confinement of no more than six years is
applicable.
The provisions of this article are applicable even if the
person who has committed the offence through which the money or the property
have been obtained cannot be charged or punished.
The sentence entails dismissal if demotion is not applicable.
Title V
PROVISIONS CONCERNING DISCHARGED PERSONNEL,
MOBILIZED CIVILIANS AND OTHER PERSONS UNRELATED
TO THE ARMED FORCES.
Chapter I
Provisions concerning discharged personnel.
Art. 238. Offences committed by discharged personnel in
connection with service.
Any discharged person who, in connection with service,
commits an offence named in Title III, Chapters III, IV and VI of this code
against any military person either in military service or discharged shall be
punished according to the respective provisions of this book, on condition that
the offence was committed within two years after discharge.
Art. 239. Offences committed against discharged personnel
in connection with service.
Any military person either in military service or considered
as such who commits an offence named in Title III, Chapters III, IV and VI of
this book against a discharged member in connection with service shall be
punished according to the respective provisions of this code.
Art. 240. Offences against discharged personnel wearing a
military uniform, although unlawfully.
Any military person, either in military service or considered
as such, who commits an offence named in Title III, Chapters III, IV and VI of
this book against a discharged member wearing military uniform, although
unlawfully, shall be punished according to the respective provisions of this
code.
Art. 241. Military personnel finally separated from the
Armed Forces.
The provisions of the three previous articles are also
applicable if the offence has been committed against persons who belonged no
longer to the Armed Forces at the time of the offence.
Chapter II
Provisions concerning mobilized civilians.
Art. 242. Mutilation, self-injury or malingering.
Any person who, with intent to permanently avoiding
civilian mobilization, inflicts upon himself a mutilation or injury, feigns
illness or physical defect, shall be punished according to the provisions of
articles 157, 158, subsections 1 and 3, and 159, concerning a military person
who commits the above offences with intent to avoid military service. However,
the punishment shall be mitigated.
Art. 243. Absence from duty of a mobilized civilian.
Any person working in a state-owned war material factory or
in a private factory mobilized for war production, who is absent from his
workplace without authority or remains absent after the end of leave without
any sound reason for more than five days, shall be punished with military
confinement from six months to two years.
The same punishment shall be inflicted to persons exempted
from military service for compassionate reasons, admitted to deferral or
permanently exempted from mobilization, who work in one of the above factories
and are absent from their workplace without authority or remain absent after
the end of leave without any sound reason for more than 24 hours.
If the offence is committed by three or more people in
concert, punishment shall be increased by a third to a half.
If the absence does not exceed fifteen days, punishment may
be decreased by a third to a half.
Art. 244. Violence against superiors in the technical
or administrative structure of a factory or against military personnel
charged with disciplinary surveillance.
Any person working in the factories mentioned in the
previous article who offers any violence against a superior in the factory
technical or administrative structure or against the representative of the
military authority charged with disciplinary surveillance in the factory,
shall be punished with military confinement from two to five years.
If the offence was committed for reasons unrelated to
service, it shall be punished with military confinement from one to three
years.
If the offence was committed in a fit of anger aroused by
an unjust act either of a superior or the representative of the military
authority, punishment shall be reduced by a third to a half.
If the act of violence consists in murder, even if
attempted, manslaughter, or serious/ very serious physical injury, it shall be
punished with the punishment provided by the penal code from the commission of
the corresponding offence. However, the term of temporary confinement shall be
increased.
Art. 245. Threats or insults to superiors in the
technical or administrative structure of a factory or to military personnel
charged with disciplinary surveillance.
Any person working in the factories mentioned in article
243 who threatens a superior in the factory technical or administrative
structure or the representative of the military authority charged with
disciplinary surveillance of the factory, or hurts their prestige and honour,
in their presence, shall be punished with military confinement for not more
than three years.
The same punishment shall be inflicted if the offence is
committed addressing the offended person by telegraph, telephone, drawings or
writings.
If the offence is committed for reasons unrelated to
service, it shall be punished with military confinement for not more than two
years.
If the culprit reacted in a fit of anger to an unjust act
of the superior or the representative of the military authority, punishment
shall be decreased by a third to a half.
Art. 246. Refusal to obey superiors in the technical or
administrative structure of a factory or military personnel charged with
disciplinary surveillance.
Any person working in the factories mentioned in article 243,
who refuses or fails to obey or is late in obeying an order related to service
or discipline given by a superior in the factory technical or administrative
structure or by a representative of the military authority charged with
disciplinary surveillance of the factory, shall be punished with military
confinement for not more than eight months.
If the offence is committed while on duty, or in the presence
of several persons working in the factory, punishment shall be increased.
Art. 247. Violence offered by superiors in the technical or
administrative structure of a factory or by military personnel charged with
disciplinary surveillance.
Any person working in the factories mentioned in article 243,
who offers any violence against a subordinate in the factory technical or
administrative structure, shall be punished with military confinement from six
months to one year.
If the culprit reacted in a fit of anger to an unjust act of
the subordinate, punishment shall be decreased by a half to two thirds.
The same provisions are applicable, if the offence is
committed by the representative of the military authority charged with
disciplinary surveillance in the factory against a member of personnel.
If the act of violence consists in murder, even if attempted,
in manslaughter or physical injury, it shall be punished with the punishment
provided by the penal code for the commission of the corresponding offence.
However, the term of temporary confinement shall be
increased.
Art. 248. Threats or insults to a subordinate.
Any person working in the factories mentioned in article 243,
who threatens a subordinate in the factory technical or administrative structure
to cause him an unjust injury or insults his honour and dignity, in his
presence, shall be punished with military confinement for not more than eight
months.
Punishment shall be military confinement for not more than
two years in case of serious threat or threats made as described in article 339
of the penal code.
The same punishment shall be inflicted if the offence is
committed by addressing the offended person by telegraph, telephone, drawings or
writings.
The provision of the second subsection of the previous
article is applicable.
Art. 249. Violence by reason of honour.
When an offence named in articles 244 and 247 is committed by
reason of honour in the circumstances specified in article 587 of the Penal
Code, the provisions of the above-mentioned code shall apply.
Art. 250. Obstructionism or sabotage during works.
Any person working in the factories mentioned in article 243
who hinders works, causes defective production or deteriorates the materials
entrusted to him, for this sole reason shall be punished with military
confinement from one to five years.
If a serious damage derives from this offence, punishment
shall be military confinement for not less than seven years.
Art. 251. Failure to obey order given by the government
authority responsible for war manufactures.
Except when the fact constitutes a more serious offence, any
manager or person in charge of a mobilized private body/factory, who received a
notice of mobilization from the government authority responsible for war
manufactures and:
1) fails to notify or is late in notifying information/data
on the factory activity requested by the above authority, or provides
incomplete/incorrect information;
2) asks the above authority to issue larger amounts of raw
materials or industrial products than necessary and sufficient;
3) diverts the raw materials or industrial products issued
by the above authority or uses them for other purposes than those for which
they had been issued;
4) neglects maintenance of the factory plants, thus
reducing the factory production capabilities;
5) carries out, changes, transfers or partial/total
disposal of factories or departments or disposal of machinery, without
authorization of the above authority,
shall be punished with military confinement from three
months to five years.
Chapter III
Provisions concerning civil pilots of military ships/aircraft
and captains of merchant ships/commercial aircraft.
Art. 252. Pilot responsible for ship loss, collision,
stranding or damage.
Any pilot steering a naval vessel or a ship sailing in convoy
under military escort or direction, who is responsible for the ship loss, shall
be punished with life imprisonment.
Any pilot steering a naval vessel or a ship sailing in convoy
under military escort or direction, who is responsible for the collision,
stranding of or serious damage to the ship, shall be punished with imprisonment
for not less than eight years.
If the offence is committed culpably, it shall be punished
with:
1) imprisonment for not more than ten years, in the case
mentioned in the first subsection;
2) imprisonment for not more than two years, in the case
mentioned in the second subsection.
Art. 253. Pilot who abandons the ship.
Any pilot steering a naval vessel or a ship sailing in convoy
under military escort/direction, who abandons the ship, shall be punished with
imprisonment from one to five years.
If the offence is committed in a state of danger, it shall be
punished with imprisonment from three to ten years.
Art. 254. Pilot who refuses or fails to perform or is
late in performing his duties.
Any pilot charged with steering a naval vessel or a ship
sailing in convoy under military escort/direction, who refuses or fails to
perform or is late in performing his tasks, shall be punished with imprisonment
from six months to three years.
Art. 255. Pilot who misleads the commander.
The pilot of a naval vessel or a ship sailing in convoy under
military escort/direction who misleads the commander through suggestions,
information or in any other way, thus causing damage to the service, shall be
punished with imprisonment from two to ten years.
If the mistake of the commander is a result of the behaviour
the pilot’s culpable offence, the latter shall be punished with imprisonment
for not more than one year.
Art. 256. Loss, collision, damage or abandonment of an
aircraft.
The provisions of the previous articles are also applicable
to any civil pilot charged with flying military aircraft in situations similar
to those mentioned in the previous articles.
Art. 257. Offences committed by a captain of a merchant
ship or commercial aircraft.
The captain of a merchant ship or commercial aircraft in
convoys under military escort/direction who is responsible for the ship/aircraft
loss shall be punished with life imprisonment.
If the captain leaves the convoy, he shall be punished with
imprisonment for not more than three years.
If the offence is committed culpably, it shall be punished
with imprisonment for not more than ten years in the case mentioned in the first
subsection, and with imprisonment for not more than one year in the case
mentioned in the second subsection.
Art. 258. Extenuating circumstances.
If the offences named in the first and second subsection of
article 252 and in the first subsection of article 253 are committed in
particular extenuating circumstances, the death penalty (1)
shall be replaced by imprisonment for not less than seven years, and the other
punishments shall be decreased by a half to two thirds.
(1) See note at article 22.
Art. 259. Refusal to assist a naval vessel or military
aircraft.
The captain of a merchant ship or commercial aircraft
(Italian citizen) who refuses or fails to assist a naval vessel/military
aircraft in danger, shall be punished with imprisonment from one to three years.
Title VI
PROVISIONS COMMON TO THE PREVIOUS TITLES.
Art. 260. Demand for proceedings.
The offences provided for in articles 94, 103, 104, 105, 106,
107, 108, 109, 110, 111 and 112 are punished on demand of the minister to whom
the culprit is subordinate; or, if there are more culprits belonging to
different corps/services, on demand of the minister to whom is subordinate the
military offender who is the highest in rank or, being equal in rank, is the
most senior.
The offences punished with a term of military confinement of
no more than six months and the offence specified in clause 2 of article 171are
punished on demand of the commander of the corps or other body to which the
culprit is subordinate; if there are more offenders belonging to different corps
or services, on demand of the commander of the corps to which is subordinate the
offender who is the highest in rank or, being equal in rank, the superior in
command or the most senior.
The offences provided for are punished on demand of the
commander of another superior body if the commander of the parent corps of the
culprit is the offended person.
Under the military penal code, if military persons not
belonging to the army are involved, the action should be taken by the
corresponding commander of the other Services instead of the corps commander.
In the cases provided for in the second and third clause, the
demand for proceedings can be made within a month from the day in which the
authority has been informed of the offence.
In the cases provided for in the first and the second
subsections:
1) if the culprit is not a military person, the demand of
the minister specified in the first subsection is replaced by the demand of
the minister of the corps to which is subordinate the command of the unit
where the competent military tribunal is set up; and the demand of the corps
commander is replaced by the demand of the commander of the unit in which the
competent military tribunal is set up;
2) 2)
if there are more culprits and some of
them are not military persons, the demand for proceedings against the
military culprit involves also those persons outside the armed forces who
have participated in guilt.
Third
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