Chương XXIII Bộ Luật hình sự 1999: Các tội xâm phạm nghĩa vụ, trách nhiệm của quân nhân

Chapter XXIII

CRIMES OF INFRINGING UPON THE DUTIES AND RESPONSIBILITIES OF ARMY PERSONNEL

Article 315.- Persons to be held responsible criminally for infringing upon the duties and responsibilities of army personnel

Army personnel on active service, reserve army personnel in the period of concentrated training, citizens requisitioned for service in the army, militiamen, self-defense personnel detached to army units in combat, combat service, shall bear penal liability for the offenses they commit as provided for in this Chapter.

Article 316.- Disobeying orders

1. Those who disobey orders of their direct commanding officers or competent superiors shall be sentenced to between six months and five years of imprisonment.

2. Committing the offense in one of the following circumstances, the offender shall be sentenced to between five years and ten years of imprisonment:

a) The offender is a commanding officer or an officer;

b) The offender drags other person(s) into committing the offense;

c) Force is used;

d) The offense entails serious consequences.

3. If the offense is committed in combat, in battle zones or in other special circumstances, or causes very serious consequences, the offender shall be sentenced to between ten years and twenty years of imprisonment.

4. If causing particularly serious consequences, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment.

Article 317.- Unscrupulously executing orders

1. Those who execute orders negligently, dilatorily and/or casually, thus causing serious consequences, shall be sentenced to non-custodial reform for up to three years or to between three months and three years of imprisonment.

2. Committing the offense in combat, in battle zones or in other special circumstances, or causing very serious or particularly serious consequences, the offenders shall be sentenced to between two years and ten years of imprisonment.

Article 318.- Obstructing fellow combatants from discharging their duties and responsibilities

1. Those who obstruct fellow combatants from discharging their duties and responsibilities shall be sentenced to non-custodial reform for up to three years or to between three months and three years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between two and ten years of imprisonment:

a) Dragging other persons into committing the offense;

b) Using force;

c) Causing serious or very serious consequences.

3. Committing the offense in combat, in battle zones or causing particularly serious consequences, the offenders shall be sentenced to between seven years and fifteen years of imprisonment.

Article 319.- Insulting or assaulting commanders or superiors

1. Those who, in working relationships, seriously hurt the dignity and honor of or assault commanders or superiors, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years.

2. Committing the crime and causing serious, very serious or particularly serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

Article 320.- Humiliating or applying corporal punishment to subordinates

1. Those who, in their working relationships, seriously infringe upon the dignity and honor of or apply corporal punishment to subordinates, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years.

2. If causing serious, very serious or particularly serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

Article 321.- Humiliating or assaulting companions- in- arms

1. Those who seriously infringe upon the dignity and honor of or assault companions-in-arms, in situations where these is no working relationship between them under cases stipulated in Articles 319 and 320 of this Code, shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crime and causing serious, very serious or particularly serious consequences, the offenders shall be sentenced to between one year and five years of imprisonment.

Article 322.- Surrending to the enemy

1. Those who, in the course of combat, surrender to the enemy, shall be sentenced to between five years and fifteen years of imprisonment.

2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between twelve years and twenty years of imprisonment:

a) The offenders are commanders or officers;

b) The offenders deliver to the enemy military weapons, technical means or important documents;

c) The offenders drag other persons into committing the offense;

d) Serious or very serious consequences are caused.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment.

Article 323.- Passing information to or voluntarily working for the enemy when captured as prisoners of war

1. Those who, when captured as prisoners of war by the enemy, pass information on military secrets to or voluntarily work for the enemy, shall be sentenced to between one year and seven years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven years and fifteen years of imprisonment:

a) The offenders are commanders or officers;

b) The offenders cruelly treat other prisoners of war;

c) Serious or very serious consequences are caused.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between fifteen years and twenty years of imprisonment or life imprisonment.

Article 324.- Abandoning combat positions

1. Those who abandon their combat positions or fail to discharge their duties in combat shall be sentenced to between five years and twelve years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between ten years and twenty years of imprisonment:

a) The offenders are commanders or officers;

b) The offenders abandon weapons, technical means or important documents;

c) The offenders drag other persons into committing the crime;

d) Serious or very serious consequences are caused.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to twenty years of imprisonment or life imprisonment.

Article 325.- Desertion

1. Those who desert the army with a view to evading their duties, have been disciplined for such act but continue to commit it or cause serious consequences or commit it in the time of war, shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three years and eight years of imprisonment:

a) The offenders are commanders or officers;

b) The offenders drag other persons into committing the crime;

c) The offenders bring along or abandon weapons, military technical means or important documents;

d) Very serious consequences are caused.

3. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven years and twelve years of imprisonment.

Article 326.- Shirking duties

1. Those who inflict injuries upon themselves, cause harm to their own health or employ other dishonest tricks in order to evade their duties, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two years and seven years of imprisonment:

a) The offenders are commanders or officers;

b) The offenders drag other persons into committing the crime;

c) The crime is committed during the war time;

d) Serious consequences are caused.

3. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between five years and ten years of imprisonment.

Article 327.- Intentionally disclosing secrets of military activities ; appropriating, trading in or destroying secret documents on military activities

1. Those who intentionally disclose secrets of military activities or appropriate, trade in or destroy secret documents on military activities in cases other than those stipulated in Articles 80 and 263 of this Code, shall be sentenced to between six months and five years of imprisonment.

2. Committing the crime and causing serious, very serious or particularly serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

Article 328.- Unintentionally disclosing secrets of military activities; losing secret documents on military activities

1. Those who unintentionally disclose secrets of military activities or lose secret documents on military activities in cases other than those stipulated in Article 264 of this Code, shall be subject to non-custodial reform for up to two years or a prison term of between three months and two years.

2. Committing the crime and causing serious, very serious or particularly serious consequences, the offenders shall be sentenced to between one year and five years of imprisonment.

Article 329.- Making false reports

1. Those who intentionally make false reports, causing serious consequences, shall be subject to non-custodial reform for up to three years or a prison term of between three months and three years.

2. Committing the crime and causing very serious or particularly serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

Article 330.- Breaching regulations on combat readiness, commanding duties, official duties

1. Those who fail to strictly observe the regime of being on combat duties, commanding duties and/or official duties, thus causing serious consequences, shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

2. Committing the offense in combat or causing very serious or particularly serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

Article 331.- Breaching regulations on guard duty

1. Those who fail to strictly observe the regulations on patrol, guard and/or escort, causing serious consequences, shall be subject to non-custodial reform for up to three years or to a prison term of between six months and five years.

2. If the offense is committed in combat or entails very serious or particularly serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

Article 332.- Breaching regulations on ensuring safety in combat or in training

1. Those who fail to strictly observe the regulations on ensuring safety in combat or in training, thus causing serious consequences, shall be subject to non-custodial reform for up to three years or to a prison term of between one year and five years.

2. If causing very serious or particularly serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

Article 333.- Breaching regulations on the use of military weapons

1. Those who breach regulations on the use of military weapons, causing serious consequences, shall be subject to non-custodial reform for up to three years or to a prison term of between six months and five years.

2. If the offense is committed in battle zones or entails very serious or particularly serious consequences, the offenders shall be sentenced to between three years and ten years of imprisonment.

Article 334.- Destroying military weapons, technical means

1. Those who destroy military weapons and/or technical means, if in cases other than those stipulated in Articles 85 and 231 of this Code, shall be sentenced to between two years and seven years of imprisonment.

2. If the offense is in combat or in battle zones or entails serious consequences, the offenders shall be sentenced to between five years and twelve years of imprisonment.

3. Committing the crime and causing very serious consequences, the offenders shall be sentenced to between ten years and twenty years of imprisonment.

4. Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or capital punishment.

Article 335.- Losing or unintentionally damaging military weapons and/or technical means

1. Those who are assigned to manage or are equipped with military weapons and/or technical means but lose or unintentionally damage them, causing serious consequences, shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

2. If very serious or particularly serious consequences are caused, the offenders shall be sentenced to between three years and seven years of imprisonment.

Article 336.- Violating policies towards war wounded and/or war dead during combat

1. Any responsible person who deliberately leaves war-wounded and/or war dead on the battlefield or leaves war wounded untended and untreated, thus causing serious consequences, shall be sentenced to non-custodial reform for up to three years or between three months and three years of imprisonment.

2. Committing the crime and causing the offense entails very serious consequences, the offenders shall be sentenced to between two years and seven years of imprisonment.

3. Committing the crime and causing the offense entails particularly serious consequences, the offenders shall be sentenced to between five years and ten years of imprisonment.

4. Those who appropriate relics of war dead shall be sentenced to non-custodial reform for up to three years or between three months and three years of imprisonment.

Article 337.- Appropriating or destroying war trophies

1. Those who, while in combat or clearing the battlefields, appropriate or destroy war trophies, shall be sentenced to non-custodial reform for up to three years or between six months and five years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three years and eight years of imprisonment:

a) The offenders are commanders or officers;

b) The war trophies are of great or very great value;

c) Serious or very serious consequences are caused.

3. If the offense involves war trophies of particularly great value or entails particularly serious consequences, the offenders shall be sentenced to between seven years and twelve years of imprisonment.

Article 338.- Harassing people

1. Those who commit acts of harassing people, have been disciplined for such acts but continue to commit them or cause serious consequences, shall be sentenced to non-custodial reform for up to three years or between three months and three years of imprisonment.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two years and seven years of imprisonment:

a) The offenders are commanders or officers;

b) The offenders drag other persons into committing the crime;

c) The offense is committed in battle zones or in areas where the state of emergency has already been declared;

d) Very serious or particularly serious consequences are caused.

Article 339.- Abusing military demands while performing duties

1. Those who, while performing duties, ask for more than the military demands, causing serious property loss to the State, organizations and/or citizens, shall be sentenced to non-custodial reform for up to three years or between three months and three years of imprisonment.

2. If the offense entails very serious or particularly serious consequences, the offenders shall be sentenced to between three years and seven years of imprisonment.

Article 340.- Ill-treating prisoners of war and/or enemy deserters

Those who ill-treat prisoners of war and/or enemy deserters shall be subject to non-custodial reform for up to one year or a prison term of between three months and two years.