THIRD Book

 

Section II

 

On unlawful acts against enemy private citizens

or properties.

 

 

Art. 185. Violence of Italian military personnel against enemy private citizens or of inhabitants of occupied territories against Italian military personnel.

 

Any military person who, unnecessarily or in any case without any justification, does violence, for reasons associated with the war, against enemy persons who are not participating in military operations, shall be punished with military confinement for up to two years.

If the violence is a murder, an attempted murder or a manslaughter or a serious or very serious wound, the punishments provided for in the penal code shall be applicable. However, the temporary sentence of detention can be increased.

The same punishments shall be applicable to the inhabitants of the enemy territory occupied by the Italian armed forces, who do violence against any member of the foregoing armed forces.

 

Art. 186 Looting.

 

Any person who commits an act deigned to lead to looting in attacked towns or other places shall be punished with death (1) and demotion.

 

(1 ) See note at article 25.

 

Art. 187. Fire, destruction or damage in an enemy country.

 

Any person in an enemy country who, not being compelled by the need to conduct military operations, sets a house or a building on fire or destroys them by any other means shall be punished with imprisonment for no less than fifteen years.

If the death of one or more persons results from this act, shall be punished with the death sentence (1) with demotion.

The same provisions apply in case of fire or destruction or serious damage suffered by historic monuments, works of art, scientific works or buildings destined to worship, charity, education, arts or sciences, including those belonging to the enemy State.

 

(1) See note at article 25.

 

Art. 188. Unlawful appropriation of goods.

 

Any military or non military person serving or accompanying the national armed forces who, without being compelled or authorised, unlawfully appropriates victuals, clothing or equipment or has them handed over to him, shall be punished with military confinement for up to five years.

If the offence is committed in concert with one or more persons, the punishment shall be increased by a third to a half.

If violence is done, a term of military confinement from one to eight years is applicable.

 

Art. 189. Failure to prevent unlawful appropriation of goods.

 

Any officer or NCO, who does not do everything in his power to prevent the offence provided for in the preceding article, shall be punished with military confinement for up to one year.

Art. 190. Failure to assist sick, wounded or shipwrecked military persons.

 

Any military person assigned to the medical service, who, during or after a combat, fails to assist sick, wounded or shipwrecked military personnel or non military persons accompanying the warring forces, including enemy, shall be punished with military confinement from one to ten years.

If any of the above-mentioned offences is committed culpably, a term of military confinement of up to seven years is applicable.

 

Art. 191. Use of weapons against ambulances, hospitals, ships and aircraft utilised for medical evacuation and relevant personnel.

 

Any person using weapons against ambulances, hospitals, mobile medical facilities, medical installations, hospital ships or relevant craft, aircraft assigned to the military medical system and any other place in which the sick or wounded are treated, or against the personnel assigned therein, who in compliance with the international law or conventions should be respected and protected, shall be punished with military confinement for no less than ten years.

 

 

Art. 192. Maltreatment of sick, wounded or shipwrecked persons.

 

Any person who mistreats sick, wounded or shipwrecked persons, including enemy, shall be punished with imprisonment for no less than five years.

In case of serious maltreatment or abuse, a term of imprisonment of no less than ten years shall be applicable; furthermore, if the offence is committed by a person charged with transporting or assisting the sick, wounded or shipwrecked person, a life sentence is applicable.

The death sentence (1) with demotion is applied if the death of the sick, wounded or shipwrecked person results from the offence.

 

(1) See note at article 25.

 

Art. 193. Despoliation of sick, wounded or shipwrecked persons.

 

Any person who despoliates sick, wounded or shipwrecked persons, including enemy, shall be punished with imprisonment from five to ten years.

If the offence is committed with violence against the person a term of imprisonment of no less than ten years is applicable.

If the culprit is a person charged with transporting or assisting the sick, wounded or shipwrecked person, the following punishments are applicable:

 

1) imprisonment for no less than fifteen years in the case provided for in the first subsection;

2) a life sentence in the case provided for in the second subsection.

 

The death sentence (1) with demotion is applied if the death of the sick, wounded or shipwrecked person results from the offence.

 

(1) See note at article 25.

 

Art. 194.Violence against medical personnel and ministers of religion.

 

 

Except for the case provided for in article 191, any person who does violence against any member of the medical personnel who, in compliance with the international law and conventions, must be respected and protected, shall be punished with imprisonment from five to fifteen years.

The same punishment is applicable if the offence is committed against any of the ministers of religions assigned to the armed forces.

If the violence in question is a murder, an attempted murder or manslaughter, or a very serious personal wound, the corresponding punishments provided for in the penal code are applicable. The temporary sentence of detention, however, shall be increased.

 

Art. 195. Failure to release members of the medical service or ministers of religion.

 

Any person who, breaching the international law or conventions, does not hand over or does not release or in any case detains any of the persons mentioned in the preceeding article, once they have accomplished their duties in hospitals, ambulances or other places where they served, shall be punished with military confinement from one to five years.

 

Art. 196. Mutilation, outrage and stealing of a corpse.

 

Any person who mutilates or disfigures the corpse of a soldier killed in battle or commits insulting, brutal or obscene acts on it or steals parts of it or all the corpse, shall be punished with imprisonment for no less than ten years.

 

 

Art. 197. Despoliation of a corpse or stealing of money or other property.

 

Any person who on the battlefield despoils a corpse in order to make a profit or steals money and valuables from a corpse shall be punished with imprisonment from five to fifteen years.

If the offence is committed in concert with one or more persons, the punishment shall be increased by a third to a half.

 

Art. 198. Discretionary disavowal of the status of legitimate belligerent.

 

The commander who does not treat the enemy legitimate belligerents who are in his power or who are sick, wounded or shipwrecked in compliance with the international law or conventions and, therefore, seriously harms the above mentioned persons or gives rise to reprisals, shall be punished, for this sole reason, with military confinement for no less than three years.

 

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