Military Crimes

Crimes, Military


in the USSR, crimes against the established way of performing military service, committed by servicemen or by reservists during training. The military crimes envisioned by the 1958 Law on Criminal Liability for Military Crimes are divided into the following groups: (1) crimes against the chain of command and military honor, including insubordination, failure to carry out an order, insult of a superior by his subordinate or of a subordinate by his superior, and threatening a superior; (2) crimes against the regulations for performing military service, such as unauthorized leave, desertion, or evasion of military service by forging documents; (3) divulging military or state secrets or losing documents containing military secrets; (4) crimes committed in an official capacity; (5) crimes against the regulations for performing military service in a combat situation and in the area of military operations, for example, unauthorized departure from a unit in a combat situation, looting, and surrendering or abandoning matériel to the enemy; and (6) crimes against the conventions of war. Under the 1958 law, persons who are covered by special provisions in Soviet law (for example, the officers, sergeants, and enlisted personnel of state security agencies) are also responsible for crimes against their established service regulations. Other persons can only be accomplices to military crimes.

Military crimes must be distinguished from military disciplinary infractions. Although such infractions formally have the characteristics of military crimes, they do not contain a special social danger. Depending on the type and degree of social danger of the military crime, the law prescribes punishment in the form of deprivation of freedom or assignment to a disciplinary battalion.

References in periodicals archive ?
Daniel Conway, a military defense lawyer and the author of a forthcoming book on military crimes, said he wouldn't expect the Army to seek much prison time for Bergdahl because of his time as a Taliban captive.
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The people who commit these military crimes must be brought to international justice," he added at an emergency meeting of Arab foreign ministers in the Egyptian capital Cairo.
49/2012 under which the exception of offenses relating to the allegations of cases of torture or cruel, inhuman or degrading treatment or death associated with them to be considered as military crimes.
Military courts are responsible for military crimes and common law crimes committed by the military.
The amendments to be made within this framework are expected to also include military crimes, paving the way for the possible release of senior military officers as well.
The head of the parliamentary subcommittee on foreign affairs, security and defense Mohamed Al-Hassan al-Amin, said that his committee refused to pass three provisions regarding military crimes because they already exist in the criminal law.
The necessary legal and legislative procedures stipulate that "crimes related to torture and other forms of cruel, inhuman or degrading treatment, and resulting deaths" are not considered military crimes and fall under the jurisdiction of the Public Prosecution.
Azerbaijani MPs described the resolution as "nothing but an attempt to conceal the military crimes carried out by aggressive Armenia," which has occupied 20 per cent of Azerbaijan's territory, leading to the displacement of nearly one million people, and "to disguise Armenia's non-constructive position in the talks, which are now in stalemate.
JAG 5PM, CBS DRAMA JAG is an American adventure/legal drama television show in which an elite legal cadre of Naval officers trained as lawyers investigate and prosecute military crimes, including murder, treason, espionage and terrorism.
Another draft law proposing that cases of torture or inhuman treatment should not be considered military crimes and must be handled by the Public Prosecution and ordinary courts has also been referred to parliament.