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WARTIME - MILITARY CRIMINAL CODE
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FIRST book
ON MILITARY CRIMINAL LAW OF WAR,
IN GENERAL.
Title I
ON MILITARY CRIMINAL LAW OF WAR
AND ITS APPLICATION.
Art. 1. Concept of military criminal law of war.
Besides this code, military criminal law of war comprises any
other special law or lawful provision in military criminal matters pertaining to
war.
Art. 2. Promulgation of laws of war when the national armed
forces are in a foreign country.
The laws of war, issued when the national armed forces are in
a foreign country, are promulgated either as prescribed therein or, if not
prescribed, by the commander of the forces themselves; they become immediately
mandatory unless otherwise provided by law.
Art. 3. Military criminal law of war in relation to time.
The military criminal law of war applies to offences named
therein that have been committed wholly or in part from the moment when the
state of war is declared to the moment of its cessation.
Art. 4. Military criminal law of war in relation to places.
The military criminal law of war applies to offences named
therein when they are committed in places that are or are considered to be in a
state of war.
Nevertheless, in a state of war, the military criminal law of
war applies to offences provided for by law even if they are committed in places
that are not nor are considered to be in a state of war:
1) when specifically laid down by law;
2) when these offences are likely to cause a damage to war
military operations or relevant services or to the conduct of war in general.
Art. 5. Application of the military criminal law of war in
case of urgent and absolute need.
In cases of absolute and urgent need, it is possible to order
the application of the military criminal law of war, even in peacetime, in all
the territory of the country or one portion or more than one portion thereof.
In the case provided for in the above subsection and for the
purpose of the application of this law, the territory over which the application
of the military criminal law of war is ordered is equivalent to a territory in a
state of war.
The provision of the above subsection shall also apply in any
other circumstance in which in accordance with this code the application of the
military criminal law of war is ordered in relation to places that are not in a
state of war.
Art. 6. Military criminal law of war in relation to persons.
Military criminal law of war applies to all military
personnel serving with branches of service, corps, vessels, aircraft or services
in general destined to war operations, even if the offence is committed is
places that are not in a state of war. In places that are in a state of war
military personnel are considered permanently in service.
Art. 7. Concept of military status.
Under this code:
1) military person refers to all members of the Army,
Navy, Air Force, Customs Guard, militarized individuals and any other person
who is lawfully given military status, individuals assimilated to servicemen
as well as the members of paramilitary corps or volunteer units authorized to
take part in the war;
2) national armed forces refers to all
above-mentioned military forces.
The provisions of the military criminal law regarding the
infringement of military regulations also apply to assimilated individuals both
for infringements committed in relations among them and infringements committed
against military persons as well as militarized individuals or viceversa. These
provisions also apply to volunteer units or corps as laid down in the previous
subsection.
Art. 8. Assembly of vessels or aircraft; detached land forces.
The application of the criminal law of war may also be
ordered in time of peace by decree of the President of the Republic for an
assembly of vessels of aircraft or detached land forces for any military or
police operation.
Art. 9. Expeditionary forces abroad.
Expeditionary forces for military operations abroad are
subject to the military criminal law of war even in time of peace from the
beginning of border crossing and, in case of an expedition overseas, from the
moment the expeditionary corps begins to embark.
The crews of military vessels or military aircraft are
subject to the military criminal law of war upon notification of their
destination.
Art. 10. Military operations for public order reasons.
In cases other than those named in the two previous articles,
the military criminal law of war applies in peacetime even when a unit of the
national armed forces is engaged in military operations for public order reasons.
Art. 11. Mobilization of national armed forces.
In respect to the military offences committed by the members
of the mobilized forces, partial or general mobilization of the armed forces
implies the application of the military criminal law of war.
Art. 12. Prisoners of war who are in power or custody of the
Italian State.
Prisoners of war who are in power or custody of the Italian
State are subject to the military criminal law of war applicable to the Italian
military personnel except as otherwise provided for in law and international
conventions.
Art. 13. Offences committed by the members of an enemy
military force against war laws and customs.
The provisions of Title IV, Book Three of this code
concerning offences committed against wartime laws and customs also apply to
military personnel and any other member of the enemy armed forces when any of
these offences have been committed to the detriment of the Italian State or a
subject thereof or of an allied state or a subject thereof.
Art. 14. Persons unrelated to the national armed forces.
In addition to the cases explicitly provided for in law, the
military criminal law of war applies to any persons unrelated to the national
armed forces who commit one of the offences punishable under articles 138, 139,
140, 141 and 142.
Art. 15. Military persons belonging to allied states or
states associated in war.
For the purpose of military criminal law of war, the offences
committed by Italian military persons or by persons unrelated to the Italian
armed forces to the detriment of military persons or armed forces of an allied
state are considered as having been committed to the detriment of Italian
military persons or armed forces. The observance of this provision is subject to
the condition that the allied state ensures equal criminal protection to the
Italian military persons and armed forces.
For the purpose of the provision of this code, the term allied
state comprises also the state associated in war.
... OMISSIS ..
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