Key Benefits:
| CODIGO OF MILITAR JUSTICE CONTENTS |
Law 14029
FIRST TREATY - ORGANIZATION AND COMPETITION OF MILITARY TRIBUNALS
| Part I | PRELIMINARY PROVISIONS | arts.1-8 |
| Part II | MILITARY TRIBUNALS IN PEACE TIME | arts.9-29 |
| Part III | MILITARY TRIBUNALS IN WAR TIME | arts.30-46 |
| Part IV | AND AUXILIATORS OF MILITAR JUSTICE | arts.47 to 100bis |
| Part V | EXCUSSIONS | arts.101-107 |
| Part VI | JURISDICTION AND COMPETITION OF MILITARY TRIBUNALS | arts.108-115 |
| Part VII | POPULATION CASE | arts.116-119 |
| Part VIII | EXECUTIVE COMPETITION | art.120 |
| Part IX | COMPETENCE IN PEACE TIME | arts.121-122 |
| Part X | COMPETENCE IN WAR AND WHITE TIME | arts.123-139 |
SECOND TREATY - PROCEDURES IN MILITARY JUICES
BOOK I - GENERAL RULES
| Part I | PRELIMINARY PROVISIONS | arts.140 to 149 |
| Part II | COMPETENCE AND ATRIBUTIONS QUESTIONS | arts.150-159 |
| Part III | NOTIFFICATIONS, CITATIONS AND MAPLACEMENTS | arts.160 to 170 |
| Part IV | REBELDIA OF IMPUTADO | arts. 171 to 176 |
BOOK II - REGULAR PROCEDURES IN PEACE TIME
SECTION I - CONTENTS
| Part I | AUTHORITIES ORDER, OBJECT AND DURATION | arts.177-186 |
| Part II | UNITED NATIONS | arts.187-1995 |
| Part III | PREVENTION | arts.196 to 200 |
SECTION II - INSTRUCTION
| Part I | GENERAL PROVISIONS | arts.201-216 |
| Part II | COMPROBATION OF THE RIGHT | arts.217-226 |
| Part III | DECLARATIONS | arts.227-252BIS |
| Part IV | TESTIGS | arts.253-288 |
| Part V | PERICIAL REVIEW | arts.289 to 304 |
| Part VI | WORK OF DOCUMENTS | arts.305-308 |
| Part VII | DETENTION AND PREVENTIVE PRISON | arts.309-318 |
| Part VIII | PRECAUTORY MEASURES ON THE PROCESS | arts.319-324 |
| Part IX | PROCESSING | arts.325-326 |
| Part X | CONCLUSION OF THE CONTENTS | arts.327-335 |
| Part XI | DEVELOPMENT | arts.336-342 |
SECTION III - PLENARY
| PART FIRST - PROCEDURES IN PERMANENT WAR COUNCILS | ||
| Part I | PRELIMINARY PROVISIONS | arts.343-346 |
| Part II | EXCEPTIONS | arts.347-354 |
| Part III | PRUEBA | arts.355-359 |
| Part IV | ACUSATION | arts.360-362 |
| Part V | DEFENSA | arts.363-370 |
| Part VI | VIEW OF CAUSA | arts.371-387 |
| Part VII | AND SENTENCE | arts.388-405 |
| Part VIII | SESSION | arts.406-416 |
| PART SECOND - PLENARY ON SPECIAL GUARDS | ||
| THIRD PART - RESOURCES |
SECTION IV - PROCEDURES TO THE
SECTION V - EXECUTION OF SENTENCES
SECTION VI - AND CONMUTATION
BOOK III - EXTRAORDINARY PROCEDURES
SECTION I PROCEDURES IN WAR TIME
SECTION II - SUMMARY BODY IN PEACE TIME
SECTION III - PROCEDURES TO THE POLICY COMMITMENTS OF ARMED FORCES
THIRD TREATY - PENALITY
| Part I | AND FALTIES | arts.508-527 |
| Part II | PENAS | arts.528-620 |
BOOK II - MILITARY INFRACTIONS IN PARTICULAR
| Part I | PROCEDURES AGAINST THE LAW OF NATION | arts.621-641 |
| Part II | AND THE CONSTITUTIONAL AGENDA | arts. 642-655 |
| Part III | PROCEDURES AGAINST DISCIPLINA | arts.656-701 |
| Part IV | INFRACTIONS IN THE DISCHANGE OF CHARGE | arts.702-707 |
| Part V | INFRACTIONS AGAINST SERVICE | arts. 708-757 |
| Part VI | DELITOS AGAINST MILITAR HONOR | arts. 758-771 |
| Part VII | INFIDELITY IN THE SERVICE | arts.772-780 |
| Part VIII | REFERENT INFRACTIONS TO EMBARCATIONS AND AERONAVES | arts.781-811 |
| Part IX | INFRACTIONS COMMITTED BY CIVIL PERSON OF BUKET OR MERCANT AERONAVES | arts.812-819 |
| Part X | MUTILATIONS AND SUSTRACTION TO THE SERVICE | art..820 |
| Part X bis | INFRACTIONS TO THE CONVOCATORY | arts.820bis a 820ter |
| Part XI | PROPERTY | arts.821-831 |
| Part XII | OF CHARGES | arts.832-838 |
| Part XIII | DEFRAUDATIONS AND BELIEVEMENTS IN MILITAR ADMINISTRATION | arts.839-850 |
| Part XIV | FALSEDADES | arts.851-859 |
| Part XV | EVASION OF PRESOS AND PRISONS | arts.860-866 |
| Part XVI | COMMITTED BY PRISONS OF WAR | arts.867-869 |
| Part XVII | COMUNS | arts.870-871 |
| Final title | ACLARATIONS FOR THE IMPLEMENTATION OF THIS CODE AND TRANSITORY PROVISIONS | arts.872-888 |
| NORMATIVE BACKGROUND |
ARTICLE 1 - Please note by law of the Argentine Nation the Code of Military Justice projected by the Executive Branch of the Nation, with the amendments proposed by it and accepted by the Commission of General Legislation and Technical Affairs of the Senate of the Nation and the amendments proposed also by the executive branch and accepted by the National Defence Commission of the Chamber of Deputies of the Nation, and the final text of which is annexed to this law.
The new code shall enter into force once promulgated and published, with the limitation provided for in article 985 of the Code with regard to its application.
ARTICLE 2° - Contact the Executive.
Given in the meeting room of the Argentine Congress, Buenos Aires, 4 July 1951.
A. TEISAIRE – H.J. CAMPORA – Alberto H. Reales – Rafael V. González
Buenos Aires, 16 July 1951
TANTO
Please follow the National Law, fill in, report, publish, give to the General Directorate of the National Register and archvese.
PERON – Humberto Sosa Molina – Franklin Lucero – Enrique B. García – Cesar R. Ojeda.
DECEMBER 13.764
CODIGO OF MILITAR JUSTICE FIRST TREATYORGANIZATION AND COMPETITION OF MILITARY TRIBUNALS
PART I
Preliminary provisionsArticle 1 - The military jurisdiction, established by article 29 of the National Constitution, is exercised by the military courts and authorities that this code determines.
Art. 2° – Military courts may not apply other criminal provisions than those of this code, those of the other military laws in force and those of the common criminal laws in cases determined by it.
Art. 3° – No military officer may be exempt from performing the military justice functions, but from the cases listed by law.
Article 4: Members of the military courts may not be held in commissions incompatible with the office of justice, but for urgent reasons in times of war.
It is incompatible commissions that prevent the exercise or impair the exact and faithful performance of judicial functions.
Art. 5° – Whenever a member of a military tribunal could not permanently perform its functions by any of the grounds provided for by this code, it will be immediately replaced in the same manner as its designation.
Art. 6° – All those involved in the exercise of military jurisdiction shall be liable for the violation or for the non-applicability of the relevant laws and provisions, and the President of the Nation may give effect to that responsibility, by disciplinary means or by ordering the trial in the cases and forms prescribed by this law.
Art. 7° – The military of the general services or their equivalents can hold the positions of the military justice, in the functions and destinies that the executive branch rules.
Retiring military personnel may hold the posts of justice subject to the rules of organic law.
Article 8: The treatment of war councils is impersonal; its members shall have in session the same powers, and identical rights, honours and prerogatives.
Military Tribunals in Time of PeaceCHAPTER I
General provisionsArt. 9° – Military jurisdiction in peacetime is exercised:
1 By the Supreme Council of the Armed Forces;
2° For the permanent war councils;
3° For special war councils, in the cases of article 45;
4° For the investigating judges and other authorities that determine military laws.
CHAPTER II
Supreme Council of the Armed Forces(Note Infoleg: By art. 10 of the Act No. 23.049 B.O. 15/5/1984, it is stated that the Supreme Council of the Armed Forces shall know, through summary proceedings, in time of peace of the crimes committed prior to the validity of that rule in the cases covered by it. Watch: from the day of publication.)
Art. 10. – The Supreme Council of the Armed Forces exercises jurisdiction throughout the territory of the Nation; it will have its permanent seat in the city of Buenos Aires, or where the National Executive Branch is installed.
Art. 11. – The court shall consist of nine members, six military members of the combatants or command bodies and three lawyers from the bodies of auditors of the armed institutions.
Art. 12. – The vowels of the Supreme Council, from the combatants or commanding bodies, will be general officers or their equivalents, two from the army, two from the navy and two from the aeronautics.
The legal vowels, from one of the army, one of the marine and one of the aeronautics, will have the greatest hierarchy foreseen for the bodies of auditors by the respective organic laws.
Art. 13. – The president will correspond to the combatant or superior command to degree, and to equal degree, to the oldest.
In the absence or accidental impediment of the president of the council will perform his functions the combatant or commanding vocal that follows him, in the same conditions.
The alternates shall be appointed by lot from the list of general officers or their equivalents, which are filled in the city permanent seat of the council. If it operates outside its permanent seat, the list will be formed with the officers available between the generals or their equivalents, which will be found in that area, or in the nearest area.
If any of the legal vowels are prevented from acting, it shall not be replaced, unless the full court is to be established, in which case it shall be replaced by an auditor of the highest rank, of the respective tables.
If the three legal vowels are unable to act, even if not in full court, one of them will be replaced in the manner set out in the preceding paragraph.
Art. 14. – The members of the Supreme Council shall be appointed by the President of the Nation; they shall last six years in their posts and may be re-elected. They shall take an oath before the council assembled in a quorum. The oath will be taken by the president of the court.
Art. 15. – In the event of an impediment or absence of any of its members, the council may meet in agreement and issue a sentence with seven members, but a full court will be required, when the sentence in question has applied the death penalty, or if it is an original jurisdiction, when that is the penalty that may be appropriate to the wrongful act.
Art. 16. – The Supreme Council depends on the Ministry of National Defence, and is also directly understood by the other military ministries as regards their functions.
Art. 17. – The executive branch shall establish the hierarchy of all legal officials involved in military justice, except as provided by this code in respect of the lawyer of the Supreme Council, the general prosecutor and the general auditor.
CHAPTER III
Permanent Councils of WarArt. 18. – The President of the Nation will create the permanent war councils, setting its territorial competence. When these are common to two or more armed institutions, they will depend on the Ministry of National Defence, but in its functions, they will be directly understood with the other ministries. If they are established separately for each of the forces, they will depend on the respective ministry.
These advices are of two orders:
1 For junior chiefs and officers;
2° For officers, classes and troops.
Art. 19. – The war councils for junior chiefs and officers shall be composed of officers of the combatants or commanding bodies, shall be chaired by a general of division or brigade or their equivalents, and shall be integrated with six vowels, of colonel degree or their equivalents; in the event that these councils are common to two or more armed institutions, the vowels shall belong in number equal to each of them.
Art. 20. – The war councils for sub-officials, classes and troops shall be composed of officers of the combatants or commanding bodies, shall be presided over by a colonel or lieutenant colonel or its equivalents, and shall be composed of six members of the ranks of lieutenant colonel or greater or their equivalents: in the event that these councils are common to two or more armed institutions, the vowels shall be equal to each.
Art. 21. – The presidency of the common war councils will be carried out as far as possible, alternatively by the military of the respective armed institutions.
Art. 22. – When the war councils are to judge gendarmerie personnel or another militarized institution, the most modern vowel will be replaced by an officer belonging to the institution in question, having to be the substitute, at least, of degree equal to that of the accused.
Art. 23. – The presidents and members of the war councils will be appointed by the President of the Nation, and will last four years in office.
The renewal of the vowels will take place every two years, having to cease in them, at least one of each institution in the common.
For the first renewal, a draw will be made, in full court and in the first session, with record in the record and communication to the respective ministries.
Subsequent renewals will take place following the order in which members have been incorporated.
If a member ceases before the expiration of the period for which he was appointed, the replacement shall only last as long as he is left.
Art. 24. – If the situation provided for in the second paragraph of Article 13 arises, the replacement shall be made following the procedure established therein.
Art. 25. – In the event of an impediment or absence of any of its members, the Council may meet in agreement and issue a sentence with five members, but a full court will be required when the accused may be liable to the death penalty.
Art. 26. – Alternates of vowels will be drawn between senior officers, heads and officers of the grades set out in articles 19 and 20. To that end, the military ministries will order that the first day of each quarter be referred to the corresponding presidents of council a list of senior officers, chiefs and officers who are in a position to carry out these positions; any alterations that will be made in the quarter will be made known immediately to the council concerned.
The Directorate-General of National Gendarmerie and those of other military institutions subject to military jurisdiction shall, on an annual basis, submit a list of five chiefs and officers among whom the alternate vow referred to in article 22.
Art. 27. – The war councils will meet in ordinary or extraordinary agreements. The first will be aimed at resolving exceptions and incidents and the days determined by the regulations.
The second will have the purpose of deliberating on the judgment, and they will be held the same day or the next of that in which the public discussion of the case has been made.
The extraordinary agreement will always be reserved.
Art. 28. – The president and the members of the councils of the city of Buenos Aires will swear before the Supreme Council of the Armed Forces. The alternates will do so before the respective war council.
Art. 29. – If permanent war councils are established in other parts of the Republic, in each of them the president will take the oath to the vowels, and to this the oldest vowel.
Military Tribunals in Time of WarCHAPTER I
General provisionsArt. 30. – In time of war the permanent tribunals of peace time shall function, as soon as the needs of war permit, but subject to the procedure established in Section I, Book III, Treaty II, of this Code.
Art. 31. – Military jurisdiction shall be exercised in the operations forces:
1 To the commanders in chief;
2° For the heads of forces, when they operate independently or are incommunicado;
3° Special war councils;
4° For the police commissioners of the armed forces.
Art. 32. – In the war squares, military ports, air bases and fortified places, military jurisdiction shall be exercised:
1 To the respective governors or heads;
2° By special war councils, unless there is a permanent war council in place;
3° For the police commissioners of the armed forces.
CHAPTER II
Special war councilsArt. 33. – Special war councils will form for each cause and will be composed of a president and six vowels. If circumstances preclude it, the authority that orders its formation may constitute it with a president and four vowels.
Art. 34. – The president, the prosecutor, the auditor and the secretary will be appointed:
1 In the operations forces, by the commanders in chief;
2° In independent or incommunicado forces, by the respective commanders or chiefs;
3° In the war squares, military ports, fortified places, air bases, etc., by the governors or heads of the same.
These appointments and the formation of the council shall be established in the order of the day.
Art. 35. – The vowels will be drawn in double number of a list that will in effect prepare the corresponding state or detail. The first draws will be headlines and the following, by their order, alternates for the legal impediment of those.
Art. 36. – The draw will be made by the president with the secretary in the presence of the defender, the prosecutor and the auditor; and the defendant, if he asks.
Art. 37. – In the event of an accidental impediment of the president, it will be replaced by the vowel of higher graduation or seniority.
Art. 38. – Special war councils are three orders:
(a) For senior officers and chiefs;
(b) For officers;
(c) For officers, classes and troops.
The first will be composed of a general of division or brigade, or their equivalents, as president, and generals of brigade or colonels, or their equivalents, as vowels.
The second will be composed of a colonel, or its equivalents, as president, and lieutenants or elders, or their equivalents, as vowels.
Third parties shall be composed of a lieutenant colonel, or their equivalents, as president, and captains, or their equivalents, as vowels.
Art. 39. – If the council is constituted to know of a case and it is, during the trial, that the true culprits are of a lower rank than that for which the court was constituted, it will remain, however, competent to judge them.
Art. 40. – If the number of senior officers, chiefs and officers of the hierarchies expressed in article 38 is not available, the council shall be formed or supplemented with those who are there, always preferring those of the highest rank.
Art. 41. – If in the detachments, forts, ships, air bases, etc., there are no superior officers, chiefs and officers sufficient to form a council with the minimum membership that this law establishes, the background of the fact, and the accused to be judged, a permanent war council or the head of any military force of consideration, to be found next.
The remission of the accused is not possible, or when the place is besieged, the base or detachment incommunicado, the respective governor or chief shall exercise military jurisdiction alone in serious or urgent cases, and shall apply the corresponding penalty, with the charge of taking part in the first opportunity.
Art. 42. – In order to judge personnel who have military assimilation or equipping, the war council shall be composed according to the preceding provisions, according to the assimilation or equating of the accused.
When the accused lacks hierarchy, assimilation or military equipment, he shall be judged by a council for officers, classes and troops. When he appears as a co-partner with military defendants, he shall understand the court to which the latter is judged.
Art. 43. – The war councils called to judge the prisoners of war, will be composed in the manner established in this code and according to the graduation or assimilation they have.
Art. 44. – Any doubt arising from the application of these provisions will be resolved by the commander-in-chief of the forces, following advice from his auditor.
CHAPTER III
Special Tribunals in Time of PeaceArt. 45. – The President of the Nation may authorize, in peacetime, the organization of the special wartime courts:
1 In the units in maneuvers, in navigation, or away from their base or seat;
2° In any military force stationed at the borders of the Republic or more than two days on the way to the seat of the permanent courts;
3° In the cases of article 502, when the distance from the place where the act occurred does not permit the intervention of a permanent war council, without prejudice to the speed of the trial.
These councils shall operate with the peace procedure, in the cases of paragraphs 1 and 2°, and with the procedure of Section I, Book III, Treaty II, in the cases referred to in paragraph 3 above.
Art. 46. – All functions assigned by this law to commanders or heads of forces shall be performed by their substitutes, in the event of their absence or impediment.
Military justice officers and assistantsCHAPTER I
Permanent ProsecutorsArt. 47. – In the permanent military courts, the prosecution service shall be exercised:
1 By the Attorney General, in the Supreme Council of the Armed Forces;
2° For a prosecutor in each of the war councils.
Art. 48. – The Attorney General shall be appointed by the President of the Nation and shall not be removed without just cause. It will depend on the Ministry of National Defence and its functions will be directly understood by the military ministries.
It must have the same degree as the lawyer and enjoy the same rights and rewards. In the event of an impediment, it will be replaced by the general auditor.
Art. 49. – The Attorney General will oath to the Supreme Council in the same way as the council's vowels.
Art. 50. – The prosecutors of the permanent war councils will be officers of the same rank as the vowels of the respective councils.
Art. 51. – The position of prosecutor of the common permanent war councils will be performed alternatively by the military of the respective armed institutions; if they were exclusive to an armed institution, by soldiers belonging to the institution concerned.
Art. 52. – The prosecutors of the permanent war councils will be appointed by the President of the Nation and will remain in office the same time as the presidents of councils. They may not be removed without just cause, and in cases of impediment or disqualification, they will be replaced in the same manner as they were appointed.
Art. 53. – The Attorney General is responsible for:
1 Intervene as an accuser in all cases of original competence of the Supreme Council;
2nd Intervene in all cases failed by war councils and known by the Supreme Council, pursuant to Treaty II of this Code;
3rd Promote to the Supreme Council the review resources referred to in this code;
4° Dictamine in all cases where the Supreme Council required its opinion;
5th. Ensure the right and prompt administration of justice, requesting, where appropriate, such measures as it deems appropriate to the Supreme Council or the respective military ministries;
6° To exercise all proceedings leading to the strict enforcement of the judgements that the Supreme Council renders in cases of original jurisdiction, for which purpose it shall have free entry into the military establishments where they are served, and may request, through the Supreme Council or directly from the military authorities, any measures it deems appropriate;
7th Exercise the other functions that expressly confer upon you this code and other military laws.
Art. 54. – Corresponds council prosecutors:
1 Intervene as accusers in all cases of the competence of the permanent war councils;
2° Ensure that the legal order in respect of competition is strictly observed;
3° To exercise all proceedings leading to the strict enforcement of the sentences handed down by the permanent war councils, to which effect they shall have the same powers granted to the public prosecutor by paragraph 6 of the preceding article;
4th comply with all the obligations imposed by this code and other military laws.
Art. 55. – Council prosecutors should attend the local where they operate on a daily basis, in order to hear orders and sign notifications
Art. 56. – The prosecutors will take oath before the council of their subscription.
CHAPTER II
Common obligation to all representatives of the prosecution serviceArt. 56 bis - The representatives of the prosecution service shall promote the remedy provided for in article 445 bis in respect of the judgements handed down by the courts before which they act.
Failure to comply with this duty prevents the judgement from finalizing for the accused party.
The Chamber Prosecutor may desist from the appeal with a well-founded opinion.
(Article incorporated by Article 8 of the Act No. 23.049 B.O. 15/2/1984. Watch: from publication.)
Art. 57. – The permanent audit will be performed by a general auditor, common to all the armed institutions; by an auditor in each of the war councils, and by the auditors attached to the commands in chief, armies, divisions, regions and all those forces, establishments or divisions of the armed institutions that the President of the Nation deems appropriate.
Art. 58. – The auditors referred to in the previous article shall proceed from the respective tables of the armed institutions, except for the exceptions provided for in the second paragraph of article 70.
Art. 59. – The general auditor of the armed forces shall have the same qualifications, rights and prerogatives as the lawyer and the attorney general. He shall be appointed by the President of the Nation and shall not be removed without just cause. It will depend on the Ministry of National Defence, but its functions will be directly understood by the military ministries.
Art. 60. – In the event of an accidental impediment, the Auditor-General shall, in the first instance, be replaced by the Prosecutor-General; in the absence of any of the Auditors of the rank of Colonel or his equivalents in operation, effective service, or by any of the auditors of the permanent councils.
(Article replaced by art. 1 Decree-Law No. 15.890 B.O. 12/12/1957.)
Art. 61. – The auditors of the permanent war councils will have the same rank as the members of the court before whom they perform and will also be appointed and relieved by the President of the Nation.
Art. 62. – In case of accidental impediment, the council auditors will be replaced with each other. Notwithstanding this possible, the appointment of alternates shall be made by the President of the Nation at the request of the president of the respective council.
Art. 63. – Corresponds the general auditor of the armed forces:
1 Review all the sums raised by the examining magistrates, indicating the vices or defects of procedures to be duly corrected and advise the dismissal, elevation to plenary or resolution under article 120;
2° To advise military ministries on the implementation of the respective organizational and administrative laws;
3° Report in cases of pardon or commutation of penalties, imposed executively.
Art. 64. – Corresponds to the council auditors:
1 Monitoring the handling of trials and advising in all matters related to it;
2° Assist the deliberations and agreements of the council, and resolve any legal doubt or difficulty, provided that it was required by any of the members of the court;
3° Advise the council in competition contests and the president or council in the excuse incidents;
4° Draft sentences and comply with all other obligations imposed by laws and regulations.
Art. 65. – The auditors will swear to the respective councils, in the same way as the prosecutors.
Art. 66. – In the exercise of their advisory functions, the auditors will enjoy absolute independence of opinion.
CHAPTER III
Prosecutors and ad hoc auditorsArt. 67. – Each special war council will have a prosecutor and an auditor.
Art. 68. – In special war councils, the hierarchy of the prosecutor will be at least equal to that of the defendant when he is an officer. In any case it may be less than that of subtenant and its equivalents.
Art. 69. – The obligations of ad hoc prosecutors will be the same as this law points to permanent prosecutors, as long as they are compatible with the transitional nature of their functions.
Art. 70. – In the special peace-time courts, the auditor will come from the respective tables.
In the time of war, if the auditor of the force does not have the hierarchy of the vowels of the special council, the appointment shall be among the combatants or command officers who have demonstrated more aptitude in all matters relating to military justice and their functions shall be the same as this law indicates for the permanent auditors, as soon as the temporary character of the position permits.
Prosecutors and ad hoc auditors shall oath before their respective councils.
Art. 71. – The field auditor will advise the general in chief, in all matters concerning military justice in the army or squad.
CHAPTER IV
Secretariats and archivesArt. 72. – The Supreme Council of the Armed Forces will have a secretary, a prosecretary and other employees who are deemed necessary.
Art. 73. – Each of the permanent war councils will have two or more secretaries and employees that are necessary.
Art. 74. – All secretariat employees shall be military, and the graduation of secretaries shall be as follows:
1 In the Supreme Council, Colonel or Lieutenant Colonel or his equivalents. This secretariat may be performed alternatively by heads of the various military institutions;
2° In the war councils for senior officers, chiefs and officers, seniors or captains and their equivalents;
3° In the war councils for officers, classes and troops, junior officers.
Art. 75. – The subordinate jobs of the secretariats can be attended by sub-offices and classes.
Art. 76. – The secretariats of the permanent war councils shall be carried out by officers of the various military institutions, unless the councils are established separately for each of them.
Art. 77. – All employees of the secretariats of the military courts shall be appointed by the President of the Nation on the proposal of the respective ministry.
Art. 78. – The secretaries shall oath before the council for which they have been appointed.
Art. 79. – The secretary of the Supreme Council is the immediate head of the secretariat offices and the archive, and he is responsible for:
1 Intervene in all cases known to the Supreme Council, authorizing all proceedings in which they are carried out;
2° To refine the signature of the president of the council in all cases;
3° Draft the minutes of the agreements and carry the corresponding books;
4° Prepare military criminal statistics, in accordance with the regulations for the purpose;
5 to comply with the other obligations that are especially indicated by laws and regulations.
Art. 80. – Council secretaries are the immediate heads of their respective secretariats and they are responsible for:
1 Intervene in the substance of the proceedings, authorizing all the proceedings in them;
2° Execute all the evidence that is entrusted to them, except those that must be carried out directly by the president or by the court;
3° To refine the signature of the President in all cases;
4° Draft the minutes of the agreements and carry the corresponding book;
5 to comply with all other obligations imposed on them by laws and regulations.
Art. 81. – The archive of the Supreme Council is the only archive of military justice, and will be forwarded to it in due time all cases completed before military jurisdiction.
Art. 82. – The Supreme Council shall issue a regulation which shall determine the mechanism of the archive offices and the obligations of their employees.
CHAPTER V
Judges of instructionArt. 83. – The summons shall be instructed by the examining magistrates, who shall be appointed by the authority responsible for providing, in each case, the substance thereof.
The President of the Nation shall appoint officers to serve as investigating judges.
Art. 84. – The graduation of the examining magistrates will be, at least, equal to that of the accused, in no case can be less of a subtenant or its equivalents.
Except for this provision the cases of the generals or their equivalents, in which the investigating judge may be less qualified than the accused, provided that he is of the general class or the respective equivalent.
Art. 85. – Corresponds to the examining magistrates:
1 To instruct the summons to be appointed, strictly observing the provisions contained in Treaty II of this Code;
2° Provide everything necessary to the security of the accused, always keeping to their hierarchy those considerations that are consistent with strict compliance with the law;
3° To inform the authority that appointed them, on the outcome of each summary, advising their elevation to the plenary, their final or provisional dismissal, or their resolution under article 120. The indication of any of these resolutions should be based on the record, clearly and thoroughly related.
Art. 86. – The investigating judge shall designate his secretaries, for which purpose, when he has not been appointed as seconded, he shall be informed in the respective offices of the officers available. No officers available may appoint sub-offices or classes.
Art. 87. – The investigating judge who does not exercise with due diligence all the legal measures that are necessary for the quick and perfect clarification of the fact, will be responsible for the disciplinary process.
Art. 88. – The examining magistrates shall oath before the authority appointed by the decree of their appointment, to faithfully fulfill the duties of their office and to keep the strictest reservation regarding the proceedings.
Art. 89. – Each investigating judge may simultaneously substantiate a number of summons, for which purpose he or she shall designate the necessary secretaries in the manner provided for in article 86.
Art. 90. – It is up to the secretaries to endorse the signature of the investigating judge and to practice all the procedures inherent in his or her office. They have an obligation to keep the strictest reservation regarding the proceedings.
Art. 91. – The secretaries shall oath before the respective judge, to perform their duties faithfully, and shall be recorded in the summary. If they were appointed secretaries on a permanent basis, the oath would be given only once, in assuming their functions.
CHAPTER VI
Police Commissioners of the Armed ForcesArt. 92. – In time of war, commanders in chief, army in campaign, chiefs of divisions, bodies or independent units of the armed forces, shall appoint for the police services of the forces at their command the number of commissars they deem appropriate.
Art. 93. – The Commissioners shall exercise their duties in accordance with military regulations and without prejudice to the disciplinary powers of the chiefs.
Art. 94. – The police action of the commissars extends in the rear, flanks and front, to the whole field to which the security services of the respective forces are reached.
Art. 95. – Each Commissioner will be helped in the performance of his duties by the junior officers he needs, having to act as secretaries and assistants.
CHAPTER VII
DefendersArt. 96. – Any defendant before the military courts must appoint a defender.
A person who does not want or cannot do so shall be appointed as a defence counsel by the president of the respective court.
Art. 97. – In the face of military courts, the human rights defender must always be an official in active service or in retirement.
In the case of retired persons, the defence shall be voluntary, but those who accept the charge shall be subject to military discipline in all matters concerning the performance of their duties.
Art. 98. – The defense is an act of the service and no officer may be excused from it in activity, graduation less than colonel or its equivalents.
Art. 99. – No defender may sponsor more than one indicted, in each process. Officials who hold permanent positions in the war councils and pretrial courts may not be defenders.
Art. 100. – A defence counsel who does not provide due assistance to the defence of his sponsor or does not comply with the duties of his or her office, may impose, by the respective councils, notice or arrest up to thirty days, without prejudice to his removal.
CHAPTER VIII
Intervention of the survivor
Art. 100 bis - The person who is particularly offended for the offence and, in the event of unlawful killing or deprivation of liberty not concluded, his or her relatives in the grades referred to in article 440, may be submitted in case or by representative, to the military court, in writing, for:
(a) Indicate evidence measures
(b) Request is notified of the judgement or the settlement of the case in the Federal Chamber.
A person who has made the request for subparagraph (b) of the preceding paragraph may lodge the remedy provided for in the article. 445 bis of this Code In the proceedings before the court, the court may intervene in any state of the case, represented by counsel, without being able to request the retrograde of the proceedings to pre-existing stages. The procedural activity of the particularly offended person interrupts the term of the limitation of civil action for damages.
(Article 9 of the Act No. 23.049 B.O. 15/2/1984. Watch: from publication.)
ExcludesArt. 101. – The excuse of the office of president or of a member of a war council should be based on one of the following causes:
1 Parentesco for consanguinity within the fourth civil or second grade for affinity:
(a) With any of the defendants;
(b) With the person directly offended or injured by the offence;
(c) With one of the other members of the same court. (Note InfolegArticle 4 of Decree-Law No. 7.358/1963 replaced this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it consists of the modification mentioned. The text of Decree-Law 7.358/1963 can be consulted in our office. )
2° Have made the complaint or intervened in the case as a expert, witness or as an investigating judge.
The military shall not be considered to be included in this subparagraph merely to pass the corresponding part of the cause;
3° To have been a particular accuser or defender, in criminal case, of any of the accused, in the two years preceding the initiation of the trial;
4° To have been denounced or accused as author, accomplice or covert, of an offence for any of the defendants or for the offended, prior to the current process;
5° Having intimate or enmity friendship manifests with the accused or offended;
6 to serve the orders of the accused, when the accused was brought to trial for acts concerning the exercise of his command;
7° To be a debtor, creditor or trustee of the accused or offended.
Art. 102. – The prosecutors, auditors and secretaries, as well as the examining magistrates and experts, may base their excuse on the grounds set out in the preceding article, except as set out in section 1 (c).
(Note InfolegArticle 5 of Decree-Law No. 7.358/1963 replaced this article. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it consists of the modification mentioned. The text of Decree-Law 7.358/1963 can be consulted in our office. )Art. 103. – They are unique causes of excuse of defenders:
1 To be a party to the proceedings as a harm or witness;
2° Duly justified disease;
3rd Enemity manifests with the defendant;
4th Special and permanent Commission of Service, unless the number of officers available is reduced;
5° Have intervened in the formation of the summons as a pre-trial judge or secretary of one or another.
Art. 104. – The military authority may order the relay of an ombudsman, only when an urgent matter of service calls for him.
Art. 105. – They may not be obliged to carry out any judicial office;
1 The retirees;
2° Those belonging to the military clergy;
3° The invalids.
Art. 106. - Any member of a military tribunal that is covered by any of the respective cases of excuse shall immediately inform the person concerned; and when he does not do so, the accused, the prosecutor or the defender may present it in order to require, in this regard, a demonstration of the indicated official, to be resolved if he or she is to be replaced. There is no recourse against this resolution.
Art. 107. - The cases of excuse of the vowels, prosecutors, auditors, secretaries and defenders will be appreciated by the president of the court; those of the president, by the respective council in the permanents, and by the military authority that appointed him in the special war councils.
Those of the investigating judge, by the military authority that appointed him; and those of the experts, by the investigating judge or by the president of the council, according to the case.
Jurisdiction and jurisdiction of military courtsCHAPTER I
General provisionsArt. 108. - Military jurisdiction encompasses essentially military offences and offences, considering as such all infractions that, because of affecting the existence of the military institution, only military laws provide for and sanction.
In time of war, military jurisdiction is extended to:
(a) Offences and offences that directly affect the law and interests of the State or of individuals, when committed by military or military personnel in acts of military service or in places subject exclusively to military authority, such as war squares, theatre of operations, camps, fortines, barracks, arsenals, hospitals and other military establishments, or during landings or stay in foreign territory, where they have not been tried by the authorities of that territory;
(b) Offences committed by individuals of the armed forces in the performance of a service provided by the military superiors, at the request of the civilian authorities or at the assistance of those authorities;
(c) Offences committed by retired military personnel, or by civilians, in cases especially determined by this code or by special laws;
(d) All other cases of criminal offence expressly determined by this Code.
(Article replaced by Article 1 of the Act No. 23.049 B.O. 15/2/1984. Watch: from the day of publication.)
Art. 109. – They are always subject to military jurisdiction, in terms of essentially military crimes and disciplinary offences referred to in the preceding article only: (Paragraph replaced by art. 2° Act No. 23.049 B.O. 15/2/1984. Watch: from the day of publication.)
1 Enlistments in the armed institutions of the Nation, regardless of their situation of magazine, with the limitation set out in paragraph 5 of respect of the retirees;
2° Persons obliged to provide the national defence service, from the time they are convened;
3° Students of the national military institutes and schools for offences not provided for in their own regulations;
4° Sentences that extinguish convictions in establishments subject to military authority;
5° The retired military:
(a) When they look uniform, in all cases;
(b) In all cases, when they are active,
(c) In the case of offences defined by articles 621 to 625; 626 to 628; 629, 632 to 637; 640, 642 to 649; 653 to 655; 656, 658, 659, 662, 665, 666; 670 to 672; 680, 682 to 68520; 701, 703, 704; 726, 735, 757, 758, 770, 870, 871, 871, 863, 826, 826, 826, 826, 826, 826, 826, 826, 826, 826, 826, 826, 826, 826, 826
(d) In cases of offences defined by articles 667 and 674, the withdrawals shall be subject only to military justice, where they have incurred breaches of obligations imposed by laws or regulations that are particularly applicable to them;
(e) In cases especially provided for by the respective organic laws.
6° Those who are part of the armed forces of the Nation with military assimilation or equipation;
7° (Section repealed by art. 3rd of the Act No. 23.049 B.O. 15/2/1984. Watch: from the day of publication.)
Art. 110. – In time of war, military jurisdiction is extensive:
1 Employees and operators without distinction as to sex, who do not have assimilation or equipping, military, when serving in military establishments or military units, for any offence or offence committed within them or related to their activities;
2° To prisoners of war;
3° To those who live, postillons, cantineros, servants, merchants and others who accompany the forces, for crimes or faults committed in the field within the security services. This provision also refers to women who perform any of the trades or jobs expressed;
4° Individuals or aliens to armed institutions who commit any of the offences provided for in Treaty III of this Code in the areas of operations or war zones, or any act that the parties of the respective commanders sanction.
Art. 111. – When the troops of operations are in the territory of the enemy, all the inhabitants of the occupied area are subject to the jurisdiction of the military courts, who are charged with any of the common crimes or faults, unless the military authority provides that they are tried by the ordinary courts of the occupied area.
Art. 112. – If they are in foreign territory, friend or neutral, they will observe, in terms of the jurisdiction and competence of the military courts, the rules that are stipulated in the treaties or conventions with the power to which the territory belongs.
In the absence of a convention, the jurisdiction and competence of the courts for the forces themselves shall be the one that establishes this code.
CHAPTER II
Order of competenciesArt. 113. – When a person subject to military jurisdiction commits two or more criminal offences than by their nature and circumstances, whether of the knowledge of the military tribunals or others of the ordinary, he or she shall first judge the person to whom he or she is entitled to consider the offence of major punishment, then forwarding the accused to the other jurisdiction, for the trial of the act appropriate to him or her.
If the offences are liable to the same penalty, the military court shall first try.
Art. 114. - If it is to be heard in the first instance by the ordinary courts, the substance of the military case shall be continued until the end of the case, the judgement suspended until the accused is made available to the military authorities for trial.
Where proceedings are paralyzed in the military proceedings for the reasons expressed, or the accused cannot serve the sentence imposed by the courts of this jurisdiction, for being at the disposal of the ordinary justice, the terms of the statute of limitations referred to in articles 600 and 615 of this Code shall be interrupted.
Art. 115. – When by the place, by the nature or by the conditions of the offence or by the infractions, the military jurisdiction is exclusive, you will know that of the permanent war councils that are established in the elevation to the whole, as it best agrees to the determination of the cause or the interests of the discipline.
Competition in case of participationArt. 116. - If a common offence has been committed, at the same time, by military and private persons, they shall all be justiciable before the ordinary courts, unless the act has been committed in acts of service or instead subject exclusively to the military authority, in which case and with the exceptions of this law, the military shall be tried by the military courts and individuals by the ordinary.
Art. 117. – When the same offence is committed by military personnel of various degrees, they will all be judged by the council corresponding to those of higher rank.
Art. 118. - Where the same offence is committed by persons subject to the military courts of various armed institutions, they shall all be prosecuted and tried by the courts to which the jurisdiction of the place where the acts are committed; by the marine courts if the offence is committed on State vessels or within the military ports, arsenals or other maritime establishments; by the aeronautical courts, if it were in air units, bases or establishments of any other jurisdiction.
Art. 119. – All those who are complicated in criminal offences within the jurisdiction of the military courts are subject to the jurisdiction of the military courts, in the following cases:
1 Where they belong to the armed institutions, although because of the place of the act or because they were not in service, they would not have been subject to military jurisdiction at the time of the offence;
2° When the offence was committed in the armed forces, being in a foreign country;
3° When committed in Argentine territory, at the head of the enemy.
Executive competenceArt. 120. – At all times, the President of the Nation and his military command agents are responsible for the implementation of the disciplinary sanctions listed in Treaty III of this Code and regulations.
Competition in time of peaceCHAPTER I
Permanent Councils of WarArt. 121. – Corresponds to the war councils, the prosecution of all the offences that Treaty III of this Code qualifies and punishes, and the repression of the offences, when it turns out to be the qualification corresponding to the facts proved, or when the defendant is accused at the same time for crimes and faults.
CHAPTER II
Supreme Council of the Armed ForcesArt. 122. – Compete to the Supreme Council:
1st. To judge, in one instance, the superior officers or their equivalents of the armed institutions;
2nd Judge, in one instance, for the offences committed in the performance of their charges:
(a) To the members of the Supreme Council;
(b) Members of the war councils;
(c) To the legal officers of the military justice system.
3. To know the causes of the war councils, in the cases and in the manner established in Treaty II of this Code;
4° Decide questions of competence between military courts;
5° Resolve conflicts of authority between military justice officials;
6° To advise military ministries on the implementation of military justice laws;
7° To know the resources for review, in the cases and in the manner established by this code, in Treaty II;
8° Report in cases of pardon or commutation where convicted by court ruling;
9° Dictate the internal regulations of their offices and those of the permanent war councils;
10. Provide military ministries with reports that were requested to them or those deemed by the appropriate court on the functioning of the war councils;
11. Knowing and intervening in all other matters that this code expressly signals to you.
Competition in time of war and bandsCHAPTER I
Special war councilsArt. 123. – Competes the war councils of the armed forces of operations, the trial of the same infractions as the permanent war councils and those that the bands foresee and repress.
CHAPTER II
Commanders in ChiefArt. 124. – The chief commanders of the military operations forces and the superior commanders of independent forces are responsible for the disciplinary powers of the President of the Nation with respect to the forces at their command.
They are also responsible for the exercise of powers relating to the enforcement of sentences.
Art. 125. - The commanders in chief of the military forces in the campaign, will have the authority to enact the bands they believed appropriate, for the safety and discipline of the troops, and these sides will force as many people to follow the military forces, without exception of class, state, condition or sex.
Art. 126. – Competes the commanders in chief of the military forces, to exercise, in respect of the defendants tried in war councils, all the competence conferred by this law on the Supreme Council:
CHAPTER III
Military GovernorsArt. 127. – The governors of strong positions, military ports, fortified places, as well as the heads of ships, aircraft or isolated or incommunicado detachments, are the same disciplinary powers and competence of the commanders in chief.
Art. 128. - Persons designated in the preceding article shall have the full exercise of jurisdiction in the cases of article 41, paragraph 2, of this code.
CHAPTER IV
Police Commissioners of the Armed ForcesArt. 129. - Police Commissioners of the armed forces have jurisdiction:
1 On the postillons, liveneros, cantineros, merchants, servants, of any sex, and any other person accompanying the forces or forming part of his or her community;
2° About the vagabonds and strangers within the area under their jurisdiction.
Art. 130. - Police Commissioners shall know, with regard to the persons mentioned in the preceding article:
1 Offences of police laws and regulations, without prejudice to the executive competence of the chiefs;
2° Claims for damages resulting from violations subject to its jurisdiction and jurisdiction, where they did not exceed the value of five hundred national currency.
CHAPTER V
BankingArt. 131. – During the state of war, in the areas of operations and war zones, camps may be issued to provide for the safety of troops and materials, the best success of operations, and to establish police in those areas.
Art. 132. – The bands can be promulgated:
1 By the military governors, and by the senior commanders in the areas of operations and war;
2° By commanders of detachments, bodies or units of the army, the marine and aeronautics, when acting independently or incommunicado.
Art. 133. - (Article repealed by Article 3 of the Act No. 23.049 B.O. 15/2/1984. Watch: from publication.)
Art. 134. – Bands forcefully forcefully force all persons in the areas set by them, without exception of nationality, class, state, condition or sex.
Art. 135. – The bands will be published by the order of the day for the knowledge of the troops and the newspapers and posters that will be set on public sites, when they foresee crimes or faults committed by civilians.
Bands may not impose other penalties than those laid down in this code or in the Criminal Code.
Art. 136. – The bands govern from the date on which they are established. If the date is not set, they will be governed since its publication.
Dictation of a side, the authority that promulgates it will communicate it to superiority on the first occasion.
The responsibility of the military authorities for the enacting parties or those responsible for their implementation, when they had been extra-limited in their functions, could only be realized by the military courts.
Art. 137. – When the bands impose the death penalty in order to repress the looting, rape, fire or other havoc, use of weapons may be made if the culprit is caught in fraganti, and does not surrender to the first intimation or weapons against the authority.
Art. 138. – The procedure for the application of the bands shall be verbal, and shall be recorded in record, except as determined in the preceding article. Such a procedure will be very thorough, taking care not to coerce the right of defence, reasonably exercised by the defendant.
Art. 139. - Judgements that impose a penalty of offence may be appealed for in violation of the band, or nullity before the superior military authority with direct command in the area, which, in the case of confirmation of the judgement, if it has been signed, or which it designates in accordance with article 70, shall ultimately fail, ordering, in the event of confirmation of the judgement, that it is executed.
SECOND TREATYPROCEDURES IN MILITARY JUICES
BOOK IPART I
Preliminary provisionsArt. 140. – Military justice is administered free of charge.
Art. 141. – The judicial proceedings will be written by hand or machine, on paper of yarn and black ink. Only in the absence of this material can be used in another class.
Art. 142. – For military justice proceedings are skilled on holidays. They are included in all the terms that this code points out.
Art. 143. – The terms of days are 24 to 24 hours, and start running from the middle night of the notification day.
The terms of hours, from the time indicated in the respective notification or diligence.
Art. 144. – All terms may be extended, when, in the judgment of the court or military authority, according to the case, it is not possible to practice, within them, the acts and procedures for which they have been established.
Art. 145. – When there is no time limit for conducting a judicial proceeding, it must be executed without delay.
Art. 146. - Military trials are conducted only on the charge of the prosecutor and no private action is permitted, except as provided for in article 130, paragraph 2.
The intervention of those affected by the offence is reduced to filing the complaint and assisting the justice within the limits and in the manner prescribed by this code.
Art. 147. – Military courts shall not be brought to trial for ordinary crimes of private prosecution, in accordance with the provisions of the Criminal Code, if it fails to lodge a complaint against aggrieved woman, or her guardian, guardian or legal representatives.
Art. 148. – The action of damages from crimes of military jurisdiction must be brought before the civil courts.
Art. 149. - The military courts may order, for the benefit of the owners, the restitution of objects taken to the accused and of those who had been brought to trial, in evidence of the criminal offence, provided that by provision of the law they have not been commissioned for the State.
Competition issues and power conflictsArt. 150. - Competition issues between military and other courts may be promoted in two ways:
1 When the military court deemed competent, the other court which knows in the case is informally addressed, and requests the court to refrain from continuing to know in the case, to refer the proceedings to the accused and to make available to him;
2° When the military court, to whom the case has been passed, refuses to be heard in the case and refers the proceedings to the other court to which it attributes the jurisdiction.
Art. 151. - In the first form, the requested court, within 24 hours, shall notify the applicant if he is not aware of the knowledge or if he maintains his competence.
If you agree to the inhibition, you will refer the cars to the other court, placing the accused at your disposal.
If you decide to hold your competence, you will express the reasons for your decision. If the applicant does not accept such reasons and considers that he should insist on his jurisdiction, he shall immediately forward the proceedings to the Supreme Council of the Armed Forces or to the Supreme Court of National Justice, as appropriate, and shall simultaneously notify the requested court, so that the case file may be referred without delay, to decide the matter.
Art. 152. – Received the proceedings by the Supreme Council, it will pass them without further action to the Attorney General, who will be issued within 24 hours. Return the cars, the Supreme Council will definitely resolve in agreement within the next two days.
Art. 153. - In the second form, the military court which considers that it is not appropriate to know, shall, in the act, refer the record to the other court of authority.
If he accepts the knowledge of the case, he shall notify the court to decline to make available to the accused.
If you do not accept, you will return the file with appropriate and duly substantiated observations. In the latter case, if the court insists on its decline, the file shall be forwarded to the Supreme Council of the Armed Forces or to the Supreme Court of National Justice, as appropriate, with the knowledge of the other court, to decide the matter.
Art. 154. - In all matters of competence, the military courts shall decide in agreement, after consultation with their auditors or legal advisers.
Art. 155. – The actions of the council declared incompetent, will be valid and will not have to be ratified.
In all cases while the contest is not resolved, the procedures remain suspended.
Art. 156. - Conflicts of powers between military officials and employees of justice shall be resolved in accordance with the Supreme Council, at the request of the military authority and at the hearing of the general prosecutor. This hearing shall be issued within 24 hours and the ruling shall be issued within two days of the return of the file by the Attorney General.
Art. 157. - Competition issues may be promoted on the initiative of the courts, on a fiscal basis, or at the request of a party.
Art. 158. – The second way of promoting competition, i.e. by declination, may be opposed as an exception, when it appears to be referred to in article 345, if it had not been promoted previously.
Art. 159. - When an investigating judge finds out that within the military jurisdiction another instruction is followed by the same fact that he is in charge, he will present it to the corresponding military authority for the appropriate determination.
Notifications, citations and locationsArt. 160. - Notifications shall be made immediately after judgements, resolutions and orders have been rendered. In no case may more than 24 hours be delayed.
Art. 161. – When the notification is made in the secretariat of the council, the secretary will read to the person concerned, the ruling, resolution or order that is notified; allowing him to take a copy of it, if requested, but only on the part to him.
Art. 162. – The notification made in the offices will be extended in the same file and signed by the secretary and the person concerned.
In the event that the latter does not know or does not wish to sign, it will be recorded in the notification and the notification will be signed by two witnesses that the secretary will require at the time.
Art. 163. – The notification of the judgement shall always be made personally to the persons concerned and in the same case file. It shall observe the provisions of article 161.
With regard to other orders or resolutions, the notification to be made outside the offices shall be made by ballot, and it must contain:
1 The indication of the cause;
2° The designation of the court that knows of it and that of the secretary;
3° The name of the person to whom it is notified;
4° The date of notification;
5° The copy of the resolution or order that is notified.
Art. 164. – This cage will be done by duplicate. A copy will be left to the interested party and the other will record the delivery, with indication of place, day and time; it will be signed by the interested party and added to the file.
Art. 165. - If the notification officer or person fails to find the person who will notify or do not wish to receive it, he or she will hand over the certificate to the most characterised military officer, if the notification is made in military barracks or establishment; and if it were in private home, to any person of the family, and in default to the post or police office more immediately.
In both cases it will proceed in the manner specified in article 164, by signing the person receiving the certificate and recommending the delivery of the certificate.
Art. 166. – The location and subpoena of persons whose attendance at the investigation or trial is necessary shall be done in the same manner as the notifications; but the page of the site shall contain, in addition, the term within which the package must be filed.
The summoning of military witnesses may be made by note or telegram to the respective chiefs; when it comes to individuals, it may be done through the police or by telegram or by note, with due record in the proceedings.
Art. 167. - In the event of urgency and in the special war councils, notifications, summons and locations can be made in any form and even verbally, informing the respective head of the military.
Art. 168. - If the person who must be brought before the investigation or the trial is outside the place where the council or the instructor operates, the summoning or placement shall be made by office addressed to the military authority of the dependant, and if it is not military, by appeal, to any of the ordinary judges or civil servants of the appropriate locality.
Art. 169. – When the whereabouts are ignored, the citation or location may be made by edicts published three days in newspapers of the place, and in case there are no newspapers, by edicts set in public places.
The copy of the edicts and the newspapers in which they were published will be added to the file.
Without prejudice to the provisions of article 140, where the person cited or employed by edict was the accused, the costs of summoning shall be charged. (Note InfolegArticle 3 of Decree-Law No. 6.746/1963 incorporated this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it is included. The text of Decree-Law 6.746/1963 can be consulted in our office. )
Art. 170. - The participation of fugitives whose whereabouts are ignored shall be sought by requiring their capture by ex officio to the authorities of the place of their last home and by means of a requirement to those of the whole country, which shall be inserted in the publications of the respective military ministries, by the term set out in the previous article.
Rebellion of the accusedArt. 171. – He will be declared rebel:
1 The accused who does not appear to the summons or appeal;
2° The one who escaped being legally detained.
The statement of rebellion shall be made by the instructor or by the court, following a report by the secretary.
Art. 172. – If the rebellion is declared in plenary, the case will be suspended until the filing or apprehension of the accused, continuing with respect to the other coprocessed.
Art. 173. – If it is declared during the instruction, the clarification proceedings shall be continued until the complete termination of the summary, and the accused shall be concluded, if the accused has made an inquiring statement, the elevation shall be decreed to the whole, and shall be reserved with all the parts of conviction that may be preserved, until their presentation or apprehension. If the accused has not provided an inquiry, the process and the parts of conviction, in the distribution, shall be reserved in the distribution determined by the regulation.
Art. 174. - The parts of conviction belonging to third parties, alien to the fact that motivates the cause, will be returned to their owners, after checking their right.
In this case the corresponding record and description of the returned piece will be left in cars if possible.
Art. 175. – When an officer is found to be rebellious, it remains because of the fact that the declaration of the respective armed institution has been released unless, at the time of submission, I will prove that it has been materially impossible for him to appear at the end of the site.
Art. 176. - If it is presented without producing such evidence or if it is apprehended and the case is terminated by acquittal, the President of the Nation will be able to discharge it again, if he considers it fair or convenient, but not with the placement he had in the scaffolding and provided that organic laws do not object to reinstatement in active service.
BOOK II Regular procedure in time of peaceSECTION I
ContentsPART I
Authorities that order, object and durationArt. 177. – The order to proceed to the preliminary investigation shall emanate in the city of Buenos Aires from the military ministries, as appropriate, or from the military officials they expressly designate.
Art. 178. – Outside the city of Buenos Aires, the order referred to in the previous article will be issued by the chiefs with independent superior command and by the directors of military establishments, when one and the others have seconded judges of instruction.
Art. 179. - In the cases of general officers and legal officials of the administration of justice, the order to proceed with the preliminary investigation shall always be issued by the President of the Nation.
Art. 180. – The order referred to in the preceding articles must always precede the initiation or continuation of the summary.
Art. 181. – The summary is intended:
1 To verify the existence of any of the facts that this code represses;
2° Collect all data and backgrounds that may influence your legal qualification;
3° Determine the person of the authors, accomplices or coverts and persons who have disciplinary responsibility for faults, as a result of the same facts, provided that such persons are of lesser rank than that of the investigating judge;
4° Practice all the necessary steps for the apprehension of the accused and to ensure the effectiveness of the penalty.
Art. 182. – The summary must understand:
1 Related offences;
2° All offences and offences of military jurisdiction, even if they have no analogy or interrelationship, which are attributed to the accused at the beginning of the investigation or in the course of the investigation, and on which there has been no final judgement.
Art. 183. – For the purposes of the previous article, related offences are held:
1 Concurrently committed by two or more assembled persons;
2° Those committed by two or more people in different places, if they had mediated a concert between them.
Art. 184. – The summary is secret and there are no debates or defenses in it. You can start:
1 By complaint;
2° For prevention.
Art. 185. – The summary may not last more than five days, and the delays in forcible proceedings to be performed outside the place where the instructor works are not computed in this term.
If the investigation of the facts is completed, it is necessary to add the summary record or documents whose content cannot exert decisive influence on the outcome of the investigation, the investigating judge will lift the cars in the manner prescribed in article 327 without waiting for the arrival of those, and making this circumstance present in his final report.
The prompted lyrics and crafts that are received later, will be added to the cars, in any state they are in.
Art. 186. – When for reasons attributable to the military, administrative or judicial offices, or when for any special circumstances the summary could not be completed within the specified time limit, the instructor shall inform the authority or chief that appointed it to resolve what is appropriate, taking the instruction forward.
ComplaintArt. 187. – All persons subject to military jurisdiction who, by any means, are aware of the perpetration of an offence subject to the jurisdiction of the military tribunals, shall denounce it to the superior of the dependent. It shall cover up, and shall be repressed with the penalties established by the Criminal Code, which fails to comply with that obligation to denounce.
In no case shall the exemptions provided for by that legal body be taken into account in the case of specific military offences.
The complaint shall always be made in the act of having knowledge of the commission of the offence and in the interest of good service or the injured party.
Art. 188. - Persons who are not subject to military jurisdiction for any reason who are aware of the perpetration of some of the offences referred to in the preceding article may complain to any military authority or official.
Art. 189. – The complaint must contain:
1 The circumstantial relationship of the complaint;
2° The name of the actor and the accomplices, as well as the indication of the persons who witnessed him or who might have knowledge or data;
3° All other circumstances that could in any way result in the investigation of the crime, the qualification of its nature and gravity and the discovery of its perpetrators and accomplices.
Art. 190. - In the case of article 187, the complaint shall be made in writing, in office signed by the complainant. If the person is the head of the accused, he must accompany it with all the priors that the person and services of the accused are recorded in the books of the body, ship or military distribution to which he belongs.
Art. 191. – In the case of article 188, the complaint may be filed verbally or in writing.
The written complaint shall be signed by the complainant or another person at his request.
The authority or official who receives it, shall direct or direct all its foxes in the presence of the one who submits it.
Art. 192. – When the complaint is verbal, a record shall be issued in which, in the form of a statement, all the circumstances referred to in article 189 shall be expressed, and that record shall be signed by the one who receives the complaint, by whom it makes it or by any other person at his request.
Art. 193. – The authority or official who receives a written or verbal complaint shall record in the best possible way the identity of the complainant, and if he has the power to do so, he shall instruct the corresponding summary by immediately appointing the investigating judge. If you do not have that authority, you will forward the complaint, without loss of time, to the military authority or official to whom the attribution falls.
Art. 194. – After the complaint, the whistleblowers will be issued a safeguard containing: the day and the time of their presentation, the reported fact, the names of the whistleblower and denounced, if they were known, the proofs that had been presented of the facts and the other circumstances that they consider important.
Art. 195. – The anonymous complaint may give reason to the instruction of a summary prevention or a summary if it is credible and if it is estimated that its substance will be beneficial to the service.
PreventionArt. 196. - In the event of flagrante delicto, the officer of service, the head of the establishment, and, in general, any military officer to whom the immediate command of the force or of the place where the act has been committed, shall promptly proceed to the arrest of the culprits and to verify by means at their disposal, the existence of the act, providing for the statements and the necessary steps to ensure the perfect clarification and to establish the true circumstances.
Art. 197. – This way the prevention, and with the corresponding part, will be lifted through and at the earliest possible time, to the authority or head to whom the investigation of the case is to be ordered.
Art. 198. - If, by any circumstances, two or more military offences may be prevented by the same offence, it must continue only that of higher rank or seniority.
Art. 199. - If it is from prevention that the act is not of the character of crime but of a disciplinary offence, the military who prevents it from being empowered to impose on itself the sanction it deserves, will lift the proceedings in order to be applied by the head or military officer to whom it competes.
Art. 200. – When the event occurs on board a ship or a war aircraft that ships alone or is found from station to port or foreign airport, prevention will be done with all the formalities and requirements of a summons.
InstructionPART I
General provisionsArt. 201. – The instructor can request directly from the civilian or military authorities of the place where the summary is instructed, all the inquiries, data and information that, for the good performance of his mission, considers necessary.
Art. 202. - If officials who are required to perform the proceedings or provide the data and information, reside in other places, or belong to other jurisdictions, the instructor shall direct the relevant offices or appeals.
Art. 203. – Each time an ex officio or an appeal is made, the corresponding record will be placed in the car, and the office will be added or exhorted when it returns diligence.
Art. 204. – The instructor may incommunicate the detainees, provided that there is cause for this; but the incommunicado detention will not go beyond the absolutely necessary time for the exercise of the diligence determined by him, and for no reason can be maintained for more than four days in each case.
The instructor who contravenes these provisions shall be separated from the instruction and shall be arrested on a ship or barracks. The application of the sanction to the instructors shall be made by the authority that appointed them.
Art. 205. – Incommunicado detention will be recorded in, in cars, by reason of reasoned resolution, and when the detainee is notified he will not be read the basis of it.
Art. 206. – The incommunicado will be granted the use of books and writing, after inspection by the head in charge of his custody.
Art. 207. - If it came to the investigation that someone was guilty of offences under the jurisdiction of other jurisdictions, the investigating judge could arrest him and make him available to the appropriate person.
Art. 208. - The trainers shall make appointments of experts and shall summon and command to appear to all who shall testify in the case, requiring the assistance of the public force if necessary.
Art. 209. – The instructor may arrange for the arrest, opening and examination of the particular correspondence of the accused, when he suspects that he may provide the means of verifying the fact that he has given rise to the summary. For the purpose of the detention, the head of the respective post and telecommunications office shall be ex officio free and the proper record shall be waived.
Art. 210. – The examination of the correspondence will be done by the instructor in the same post office and telecommunications and in the presence of the secretary of the cause and the head of the case, immediately returning the correspondence that has no interest and adding to the cars, duly rubricated, all that relates to the fact that it is investigated.
From this operation will be broken a record that will sign all present and will be added to the cars.
Art. 211. - The investigating judges may order records in the particular home of the accused when there is evidence that the accused may be found there, or that instruments, papers or objects may be found to serve the clarification of the facts.
They may also order personal inquiries if it is presumed that someone hides things related to the facts investigated. The person will be urged to exhibit the thing whose concealment is presumed.
The requisites will be carried out separately and if they should be done on the body of a woman they will be practiced by person of their sex.
Such proceedings shall be recorded in a record which shall be signed by all the intervening persons, if any person refuses to sign it.
Art. 212. – The investigating judge may also, for the purpose indicated, register, at any time of day or night, in buildings or public places.
To this end, buildings or public places are represented:
1 Those for any official service of the national State, a province or municipalities, even if they live in them, those responsible for such service or those for the maintenance of the building or place;
2° Individually owned persons provided they are intended for recreation or public gathering;
3° Any other building or closed place that is not a private home;
4° State vessels or aircraft.
Art. 213. – For the entry and registration in the house of a legislative body, the authorization of its president will be necessary.
In the temples and other religious places, attention will suffice to the people in whose charge they hold.
In the buildings, ships, aircraft, barracks or military establishments, prior notice shall be given to the superior or to those who do so to provide due assistance.
In the other public buildings, permission shall be requested from the head or manager; if he denys it, he shall be exempt from the permit.
Art. 214. – Except as provided for in article 211, no personal registration or search may be made at a private home, without obtaining permission from its owner. If he refuses to do so, he will proceed without further processing to register or search by placing in the record the reasons for his resolution, which will sign the denegant or two witnesses in default.
In all cases the instructor shall take the necessary measures to prevent the defraud of its object, requiring the assistance of the public force, if necessary.
It will be avoided in the register, carefully, all that may disturb the person concerned more than strictly necessary, with the appropriate precautions not to compromise his or her reputation or to violate his or her secrets, if they do not interest the investigation of the case, insofar as possible, all passes in the presence of the person of his or her family who is older, or of two witnesses in the last case.
Art. 215. - In merchant ships or aircraft, registration or personal search shall be made with the permission of the captain or skipper, commander or pilot, and if they deny it, it shall proceed as provided for in the preceding article.
Art. 216. – No personal requisition or registration of a foreign warship or aircraft can be made without the permission of its commander, and in the absence of the latter, of the diplomatic representative of the nation to which they belong.
Where such proceedings are to take place at the headquarters of a diplomatic representation, it may only be carried out with the permission of the head or head of the diplomatic representative.
Checking the factArt. 217. – When the offence leaves material traces of its perpetration, the instructor shall proceed as follows:
1 It shall seek to collect the weapons, instruments, substances and effects that have served the commission of the offence, shall register it for diligence and shall sign it for the persons in whose power they were found. If requested, they will give proof of delivery;
2° It shall describe in detail, if any, the person and the object of the offence, conferring their status, circumstances and everything related to the punishable act;
3° Provides expert recognition, where necessary, to know or appreciate a fact or circumstance;
4° It shall make recognition of any place where it deems necessary, consigning in cars the result of the eye inspection;
5° It shall examine the persons who are present in the conduct of the above-mentioned investigations, in respect of all that is related to the commission of the offence or subject to it, demanding that such persons declare how much they know about the alterations they observe in the places, weapons, instruments, substances or effects collected and examined, as well as the state they have previously had;
6° It will provide, where necessary, the lifting of plans, measurement of distances, etc., and photographs, chrome or designs of places or objects that can lead to the clarification of the crime.
Art. 218. – The instructor will seal and lubricate, adding to the cars, if possible, all the objects he has collected during the investigations and may somehow serve or take advantage of the cause.
Art. 219. – When the offence being pursued does not leave any material traces, the instructor shall record whether the disappearance of the same occurred naturally, causally or intentionally; as well as the cases that have influenced it, and shall collect the evidence of any kind that he may acquire on the perpetration of the offence and the pre-existence of the things that have been subject to it, justifying, as soon as possible, the state that were before being destroyed or damaged.
Art. 220. – When the crime is homicide, the status of the body will be described and identified by all possible means of proof.
The instructor must keep the clothes or clothes that the body retains.
Even if the cause of death is presumed, a medical report must be recorded. When the external examination of the body does not permit the determination of the cause of death, the autopsy will be performed.
Art. 221. – When the offence is of bodily injury, the condition of the injured person will be recorded and the corresponding medical examination will be available.
Art. 222. – If the injured person is in danger of death, a statement shall be taken immediately, without any ordinary formality, and he shall be questioned primarily about the perpetrator, causes and circumstances of the offence.
Art. 223. – Before closing the summary, the investigating judge will ask the doctors to assist the wounded, a report on his condition.
If the injured person has died, the doctors will express in their certification, whether the death has been the result of the wounds, or if he recognizes another cause.
If the wounded man has healed, the doctors will show:
1 The time used in healing;
2° The status of injury;
3° If you have been unused for work and for what time;
4° In general, any circumstances that may influence the qualification of the offence.
Art. 224. – When the offence was either military defraudation or embezzlement, irrespective of the administrative record, the investigator shall direct his investigations to verify: the amount of the sum discovered; if he was distracted for his own use; if he was administered on the basis of the military post and in the event that the offence had occurred in time of war, if a military operation had been miscarried as a result.
Art. 225. - In essentially military offences, any circumstances that may influence the legal qualifications and the imposition of the sentence, such as:
The party that every defendant has had in the commission of the crime.
If the events took place in acts of the service or outside it, with weapons, in attitude of taking them or without them.
If there was a concert or plot.
If there was aggression in fact or simply by word.
If it occurred in the presence of formed troupe or not.
If the infraction has made any military operation in danger.
If there was abandonment of post or service, and how it occurred.
If the deserter committed previous desertions, and what sanctions he had.
If he took clothes, weapons or gears.
If you have meted an investigation or help in the perpetration of the crime; or cover-up.
If the event occurred in the vicinity of the enemy or if it has somehow been able to favor its plans and operations, etc.
Art. 226. - In all cases, the instructor shall perform the proceedings leading to the investigation of the crime and its circumstances, even if the defendant confesses from the first moment to be the author.
StatementsCHAPTER I
Common provisionsArt. 227. – The investigating judge will take statements to all persons he considers in a position to provide news or data that will serve the evidence.
Art. 228. – The investigating judge will conduct the interrogation in a clear and accurate manner, and in issuing the answers he will seek to state the same words and expressions that the declarant has validated.
Art. 229. – After the declaration is concluded, the secretary will read it or the declarant will read it if he so asks for it and mention this reading will be made in that one.
Art. 230. – If after reading the statement, the declarant had something to add or reform in it, it will be recorded at the end of it.
Art. 231. – The declaration will be, under penalty of nullity, signed by all those who have intervened in it, and if the declarant wants it, he will rub each of his foils or ask that they be bludgeoned by the instructor, in case he is unable or does not know.
If the declarant refuses to sign, the act shall be recorded before two witnesses required for that purpose, with the reasons for the refusal being recorded; otherwise, the declaration shall be null and void.
Art. 232. – In statements, as in all other proceedings of the summary, no abbreviations, scraps or interlinears are allowed, any error must be saved at the end of the same diligence or statement.
Art. 233. – If the question does not understand the national language, it will be examined through an interpreter, who will swear or promise to perform the position faithfully.
The appointment of interpreter shall be among those who have the title of such, if they were at the place of the declaration. Failure to do so shall be appointed by any person, who possesses the language in question and the national language.
Art. 234. – If the question was deaf and read, the questions will be asked in writing; if he knew how to write, he will answer in writing and, if he did not know, he will also be appointed and an interpreter through whom questions will be asked and the answers will be received.
For this kind of interpreters the provisions of the previous article.
If he is blind, he or she may be accompanied by a person of his or her trust to sign the record in his or her name; the judge or court shall designate it.
CHAPTER II
Inquire declarationArt. 235. – When there is sufficient reason to suspect that a person has participated in the commission of a crime or a fault whose repression requires summary, an inquiring statement will be made. Its provision or, if any, the refusal of the accused to do so shall matter the processing.
In the event that suspicions do not meet the character expressed in the preceding paragraph, a statement may be taken without oath to the accused, but with all the precautions and guarantees of the inquiring statement, without requiring prosecution.
(Article replaced by Article 1 of the Act No. 22,971 B.O. 15/11/1983. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 236. - If the alleged offender has been deprived of his liberty, the statement shall be taken within twenty-four hours of the receipt of the proceedings to initiate the investigation, or since the detainee had been handed over or placed at the disposal of the instructor, not to prevent any serious reason to be disclosed in the case, in which case it shall be verified as soon as possible.
Art. 237. - Statements shall be taken separately from each of the persons who are in difficulty in the offence or in the absence of an oath or a promise of truth, although they may be called upon to take place with it.
Art. 238. – The accused will be asked:
1 By name, surname, nickname or nickname, age, state, profession, trade, enlistment, homeland, domicile or residence;
2° On the place on which the day and time of the offence began, and if he had heard of it,
3° With whom he accompanied;
4° If you know those who are renowned perpetrators and accomplices in the execution;
5° If you were with them before the crime was committed;
6° If you know the instrument with which the offence was committed or any other objects related to it, those that will be revealed to you, if possible;
7° If he has previously been made aware of military criminal laws;
8° For all other facts and details that may lead to the discovery of the history and causes that motivated the offence and produced their perpetration.
Art. 239. – The statement should be received in one act, unless for its very large extent or for very attentive reasons, the investigating judge thought it appropriate to suspend it. The reasons for the suspension should be recorded in cars.
Art. 240. – The questions will always be direct, without any reason being able to do so in a capturing or suggestive way.
Nor can any kind of coercion or threats or promises of any kind be used with the declaring gender.
The instructor who contravenes these provisions shall be separated from the instruction and shall be arrested on a ship or barracks. The application of these sanctions to the instructors shall be made by the authority or head that appointed them.
Art. 241. – The defendant will not be forced to respond hastely. The questions will be repeated to you whenever it seems or shows that you have not understood them and when the answer does not match the question. In these cases it will not be written but the answer given to the repeated question.
Art. 242. – If he refuses to testify, he will be recorded by record in the process to be signed by the defendant, instructor and secretary, and not knowing, not wanting or not able to do so, he will be told.
(Article replaced by Article 1 of the Act No. 22,971 B.O. 15/11/1983. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 243. – The accused will be allowed to express his or her best wishes for exculpation or for the explanation of the facts, with urgent evacuation of the quotations he makes and the other steps he or she proposes, provided that the instructor considers them to be conducive.
Art. 244. – In no case can any charges be made and reconventions, nor will any part of the summary be read, except their previous statements, if requested.
Art. 245. – When the defendant is charged with a repressed crime with imprisonment or imprisonment for more than 10 years, the judge will require medical report on the state of mind and the ability to commit a crime.
Without prejudice to the provisions, provided that evidence of mental alienation is adverted to the accused, it will be ascertained by persons who have treated him, by recognition of the physicians and by means of evidence or observations, if this alienation was prior to the offence or later; if it is permanent, eventual or temporary; if it is true or simulated.
Art. 246. - If the mental incapacity is subsequent to the act, it must be duly verified with the intervention of two or more experts and the investigating judge or the respective council, they shall order the suspension of the case and may arbitrate the measures for the placement of the person in an appropriate official establishment, thereby giving notice to superiority. The director of the facility shall semesterly account of the state of the sick to the judge or court that ordered the placement.
The suspension of the proceedings shall prevent the interrogation of the accused and the trial against him without prejudice to the investigation of the act, the proceedings which do not require the intervention of the accused shall be carried out and the case, until its complete termination, shall continue against the co-processed.
If the accused is cured, this fact also has the intervention of experts, the corresponding judge or court shall provide the necessary steps to continue the proceedings of the proceedings unless the statute of limitations of the action has been completed.
Art. 247. - If the accused, in rendering his or her statement, deny his or her name or domicile, or finance them, his or her person shall be identified by his or her affiliation, witnesses and all means deemed appropriate.
Art. 248. – In order for them to serve as proof of identity, all the particular signs of the inquired will be thoroughly recorded.
Art. 249. – The instructor will claim, in order to unite the cars, a copy of the filiation or of the service fojas of the accused; documents that must contain the qualifications and concept notes that he deserved before the commission of the act.
If the criminal motive for the process is of a common nature, the instructor will claim to join the cars, all the backgrounds that help to determine the person ' s personality, such as the police and court of the place of origin of the accused and the National Registry of Crime and Prison Statistics.
Art. 250. – When the instructor deems it appropriate to examine the defendant in the place of the facts, or before the persons or things related to them, they may order it, but the statements must always be taken at the place of the prison or at the office where the investigating judge acts.
Art. 251. - If the proceedings are warranted for the continuation of the proceedings, the detention of the accused shall be remanded in custody, if appropriate, in the terms of articles 312, 314 and 315, the relevant self-motivated person shall be ordered within twenty-four hours or the situation of the accused shall be declared to be in accordance with article 316.
Art. 252. – Within twenty-four hours of the proceedings, the judge must issue a well-founded order, in accordance with the merits of the proceedings, establishing the pretrial detention of the accused, if appropriate under the terms of article. 312, or it is stated that the situation of the person falls within the provisions of art. 316.
(Article replaced by Article 1 of the Act No. 22,971 B.O. 15/11/1983. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 252 bis – If, as a result of the incorporation of new facts or elements of trial into the case, which do not determine the closure of the case, the judge finds that there is insufficient merit to maintain the proceedings, he shall issue the substantiated order which declares it, without prejudice to the continuation of the investigation, and shall have the liberty of the accused if he has been deprived of it, who, for all purposes, shall recover the state corresponding to his previous situation, as if the proceedings are not provided.
(Article 2 of the Article Act No. 22,971 B.O. 15/11/1984. Watch: from the thirty days of its publication in the Official Gazette.)
WitnessesCHAPTER I
Who can be witnessesArt. 253. – A person may serve as a witness who is aware of the facts that are investigated and their circumstances, whatever their state, sex, hierarchy or condition.
Art. 254. – The number of witnesses has no limitation; but the instructor, in short notice, will only take those statements which he considers sufficient to allow the fact that is found to be well tested and characterized. However, it should leave precise indications in the case of those witnesses to whom it had not considered necessary to question, if it would be advisable to extend the evidence later.
CHAPTER II
CitationArt. 255. – Witnesses will be cited in the manner prescribed by articles 166 et seq. of this code.
Art. 256. - If the witness is absent from the place where the investigating judge has his seat, and the distance, in the opinion of the investigating judge, makes his translation onerous or that of the witness, he shall, by way of his or her own motion, commission the military investigating judges or the military authorities of the locality where the witness is located and, failing, the judicial officers thereof.
In exceptional cases and where the presence of the civil witness at the place where the investigating court operates is of absolute necessity, it may be transferred to him provided that he is charged the costs of transfer and road that establishes the regulation, by the same employee, in which case the instructor must take the statement within 24 hours of the arrival of the witness.
In the cases of the preceding paragraph, the corresponding investigating judge shall have the witness ' s appearance, by substantiated resolution, and upon authorization of the independent command or large distribution of the dependent.
Art. 257. - The appeals or appeals to foreign judges or tribunals shall be requested from the military ministries, as appropriate, who shall give them courses through diplomatic channels, in accordance with the treaties or with the general laws, in default of them.
Art. 258. – Any person duly quoted will agree to make his statement at the place where the instructor has indicated to him. Chiefs of command may not object to the fact that their subordinates are required to make a statement, except for serious difficulty, in which case they shall immediately testify to the investigating judge, requesting at the same time a copy of the interrogation, in order to send the statement to him.
Art. 259. – They are obliged to declare but are not obliged to attend the subpoena:
1 Persons ill or physically disabled; (Incision replaced by art. 1 Law No. 23.599 B.O. 4/10/1988.)
These persons shall testify at their homes, to which the investigating judge shall be transferred with his secretary;
2° The President of the Nation, governors of provinces and national territories, ministers of the National Executive or of the provincial executives, members of the Congress and of the provincial legislatures, members of the national or ordinary justice, those of the permanent military tribunals, and officials in general of the military justice, diplomatic ministers and consuls general, the dignity of the military clergy and the military headquarters, the generals, colonels and their military administrations.
All such officials shall declare by ex officio, for which purpose they shall be transferred the corresponding interrogation.
Art. 260. – When a witness does not attend the summons, he will be summoned by the public force, and when he appears but refuses to testify, he will be compelled by arrest, without prejudice to being prosecuted for contempt or disobedience or insubordination, if he is military.
CHAPTER III
ReviewArt. 261. – Each witness must be examined separately in the presence of the secretary, under penalty of nullity.
Art. 262. – Witnesses must give reason for their sayings, that is, manifest how and why they know or are aware of the facts they declare. This demonstration must be recorded.
Art. 263. – Before the witnesses begin to testify, they will be instructed against the penalties imposed on false witnesses; for that purpose, they will be made aware of the relevant provisions of the Criminal Code.
Art. 264. – No one may attend the statements except:
1 When the witness is blind or unable to read or write;
2° When the witness ignores the national language, i.e. deaf or dumb, or deaf mute. (Incision replaced by art. 1 Law No. 23.599 B.O. 4/10/1988.)
Art. 265. - In the first case of the previous article, the instructor shall appoint a companion to the witness, who shall sign the declaration after it has ratified it. In the second case, article 234 shall be used as prescribed.
(Article replaced by Article 1 of the Law No. 23.599 B.O. 4/10/1988.)
Art. 266. – Before the interrogation begins, the oath witnesses will be taken to tell the truth.
Art. 267. – Received the oath, the witness will be required to manifest his name and surname, age, state, profession or trade: if he knows the defendant and has news of the cause; if he is relative and to what extent, friend or enemy of the accused, or if he understands some of the other impediments of the law, which will be made known to him.
Art. 268. – After the previous demonstration, the witness will be asked:
1 For all the circumstances of the offence, time, place and manner of perpetration; giving reason for its saying;
2° When I testify as a witness of sight: for the time and place where he saw him commit, if there were other people who also saw him and who they were;
3 When he declares of hearing, for the people he heard, in what time and place; if other people were present and who they were.
Art. 269. – If, on the basis of the statement, the witness will present any object that can be used to hold the accused or his defence, mention will be made of his presentation and will be added to the process, if possible, or will be kept by the secretary, making the appropriate reference in cars.
As a writing, it will be signed by the instructor and witness or by the secretary, in case the witness did not know, he could not or would not sign.
Art. 270. – In statements to be made by evacuating an appointment, the witness shall not be read of the diligence in which it has been made.
Art. 271. – Witnesses will speak loudly, without allowing them to read written answers. However, you will be able to see some notes or documents that they carry, according to the nature of the cause.
Art. 272. – The instructor will take care not to record in the cars redundant, incompetent or inconclusive statements, reminding that concision and speed is the condition of any process.
Art. 273. – The investigating judge will evacuate the quotations made in the statements and are relevant.
Art. 274. – As long as the statements last, the investigating judge may incommunicate the witnesses, among themselves, if he deems it appropriate.
Art. 275. – The investigating judge may arrange for the examination of witnesses to be done at the place where the act has occurred, or in the presence of the objects on which the declaration is concerned.
Witness statements may also be repeated or expanded, where appropriate.
Art. 276. - If the investigation appears that a witness has been issued with falsehood, a copy of the pieces leading to the investigation of the offence shall be removed and shall bring it to the authority which designated it for the formation of the proper military process or shall refer it to the ordinary justice, where witnesses are not subject to military jurisdiction.
CHAPTER IV
ConfrontationArt. 277. – Any person who has to designate another person in his or her statement or in another act will do so in a clear and precise way, well mentioning his or her name, domicile and all the circumstances he or she knows about it, and who are conducive to the object of the investigation. The confrontation will take place, if it is not possible to give accurate news, but make it aware that it would recognize it if it were presented.
Art. 278. – The confrontation will take care of:
1 That the person who is the object of it, does not disguise or defigure or erase the impressions that may guide the person who has to designate it;
2° Let the person who makes the designation manifest the differences or similarities that he warns in the present state of the person or persons mentioned, and his companions if any, and those who had at the time of his statement.
Art. 279. – The one who should be confronted can choose the place where he wants to be placed among those who accompany him in this diligence and ask that anyone who becomes suspicious be excluded from the meeting. The instructor may cautiously limit the use of this right when he creates it malicious or improper.
Art. 280. – Placed in a row the person destined to the confrontation and those who must accompany it, the declarant will be introduced, and after taking the oath of telling the truth, he will be asked:
1 If he persists in his statement;
2° If after her, she has seen the person to whom she attributes the fact, where, why and for what purpose;
3° If among the persons present is the one who designated in his statement.
Responding affirmatively to the last question, for what will be allowed to recognize the people of the row carefully, you will be prevented from touching with the hand the designated person, limiting himself to pointing it out, being a hierarchical superior.
Art. 281. – When several declarers or confronted persons are present, so many separate acts will be verified as long as the confrontations to be carried out.
CHAPTER V
CareArt. 282. – When the witnesses or the defendants between themselves, or those with them, disagree about any facts or of any interesting circumstance, the instructor will proceed to deny them.
Art. 283. – Al careo will have nothing but the people who will be lacking and the interpreters if necessary.
Art. 284. – The investigating judge will send to read the statements in the contradictory parties and will draw the attention of the careless on those contradictions, so that they can recognize each other and thus find out the truth.
Art. 285. – The questions and answers to each other will be written, without allowing the careless to be insulted or threatened; the particularities that are relevant will also be recorded and will sign all the steps that are extended, after reading and ratification.
Art. 286. – When the lamb is among witnesses, they will again be taken oath to speak truth. The defendants will not take oath.
Art. 287. – The lack shall not be resorted to when there are other means of verifying the crime or discovering the truth.
Art. 288. – No unofficials, classes and troops can be practiced with officers.
Pericial reviewArt. 289. – It will be done with expert intervention, provided that for the examination of a person or for the appreciation of a fact or circumstance relevant to the cause, special knowledge is required in some art, science or industry.
Art. 290. – Two or more experts will be appointed unless there is only one available and it is dangerous to delay the operation.
It will also suffice a single expert in cases of little importance
Art. 291. - The experts shall be appointed by the instructor and shall have such title in the science or art to which the point on which they are to be examined corresponds, if the profession or art is regulated by the laws, and in case they are not, other persons may be appointed, even if they have no title.
The military office is the title of expertise in the performance of military positions or functions.
Art. 292. – Whenever it is possible to review an expert report given by an untitled person, by another or others with a title, the instructor may order it, if necessary.
Art. 293. – The experts will accept the post under oath, and for this they must be summoned as the witnesses.
Art. 294. – The expert who does not agree to the appeal or who resists giving his opinion will be compensated in the same way as witnesses.
Art. 295. – The experts are not obliged to appear or give opinions in the same cases where witnesses are not required to contest and testify.
Art. 296. – The instructor will be able to attend the recognition of experts, people or things.
Art. 297. – The instructor will ask the experts all those questions he creates appropriate, and will give them verbally or in writing all the relevant data, taking care not to do so in a suggestive or malicious way. Everything will be recorded in the diligence.
After this, the experts will practice together all the operations and experiments that deem indispensable, expressing the facts and circumstances in which they found their opinion.
Art. 298. - The procedure of the examination may be suspended if the operation is prolonged too long: but the appropriate and possible precautions should be taken in such a case to avoid alterations in the persons, objects or places subject to the examination.
Art. 299. - The experts shall give their opinion by means of a statement to be recorded in the record, except where the nature or gravity of the fact requires the written form and the optional reports of teachers in some science, which will always be presented in writing, asking for the necessary time.
Art. 300. – The expert report should include:
1 The description of the person or anything that is subject to recognition, as well as the state and form in which he is recognized;
2° The detailed account of all operations and their outcome;
3° The conclusions they make in this regard.
Art. 301. – When the number of experts has been pairs and between them there is discordance of opinions, one or more experts will be called in odd numbers, the operations and experiments will be renewed in their presence, if possible, and if not, the first experts will communicate to them the result that has been obtained; and with these data, those recently appointed will issue their opinion.
Art. 302. – When the expert judgment falls on objects that are consummated when analyzed, the instructor will not allow the first analysis to be verified but, when more, about half of the substances, unless there is impossibility to think without consuming them all, which will be recorded in cars.
Art. 303. – Experts may be allowed to review the proceedings, to be thoroughly informed of the case history, if they consider the data supplied insufficient.
The disclosure of the records of the summary shall make those responsible for the same responsibility as the Criminal Code for those who violate the professional secret.
Art. 304. - Individuals who are not military or do not receive national salaries shall be charged with fees for the reports they have produced, who shall be paid by the party requesting such reports, except for the case of acquittal of the accused, in which they shall be in charge of the State.
Evidence of documentsArt. 305. – All documents presented during the instruction will be added to the cars and related to the process.
Art. 306. - Existing documents outside the instructor ' s jurisdiction may be submitted to the location where they are located, or a copy shall be requested by counsel or office.
Art. 307. – Private documents will be subject to the review and recognition of those to whom they belong by revealing the entire document.
Art. 308. – Whenever the instructor asks for a copy or testimony of all or part of a document or piece that works in the military archives or in any public archive, it must be issued to him if there is no legal inconvenience.
Detention and pretrial detentionArt. 309. – Any person suspected of being the author or accomplice of an offence subject to the jurisdiction of the military courts may be arrested while the first steps are being taken to clarify his guilt.
Art. 310. – Detention may be ordered:
1 By the military authorities or chiefs to whom the instruction is required;
2° For any military superior to the accused in case of urgency or flagrant offence;
3° By the investigating judge. In the first two cases, the detainees shall be made available to the investigating judge simultaneously with their appointment. In the latter, the investigating judge shall immediately notify the officer or head of the person who is dependent on the detainee.
Art. 311. – No head or military officer may exempt himself from arresting a subordinate and immediately making it available to the instructor, when requested by him by office, or by another means of communication, in case of urgency.
Art. 312. – The simple detention will become pretrial detention, when the following three circumstances occur:
1 That the existence of an offence is duly verified that this code represses with death, imprisonment, degradation or confinement;
2° That the detainee had been given an inquiring statement and had been made aware of the cause of his detention;
3° That there is sufficient data, in the opinion of the instructor, to believe that the detainee is responsible for the proved fact.
Art. 313. – Pretrial detention will be recorded in cars by means of special and well-founded resolution.
This resolution shall be made known to the detainee, recommending him at the same time that he should be prevented from appointing a defender in the act that he is accused of.
Art. 314. – Pretrial detention will be rigorous or attenuated.
Where the accused person may be sentenced to death, imprisonment or degradation, rigorous pretrial detention shall be imposed.
The other cases, the judge may choose to impose rigorous or attenuated pretrial detention, according to the personality of the defendant, the nature of the imputed fact and the circumstances surrounding it as soon as they can appreciate that personality.
(Article replaced by Article 1 of the Act No. 22,971 B.O. 15/11/1983. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 314 bis - In cases where pre-trial detention has been imposed attenuated to a defendant who does not register a previous sentence and the maximum penalty that may correspond to the fact that he is charged does not exceed the minor prison, the judge may order that the effects of the pre-trial detention given be suspended in relation to the defendant, if, in his opinion, the granting of this benefit will not hinder the action of justice.
In these circumstances, it shall be considered, for all purposes, as if the defendant reviews the situation provided for in article 316.
This measure may be revoked by the judge or court who understands the case if, as necessary, the application to the accused of the effects of the attenuated pre-trial detention that had been suspended must, accordingly.
The resolution, in both ways, will be recorded by a duly founded self.
(Article 2 of the Article Act No. 22,971 B.O. 15/11/1984. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 315. – The rigorous pretrial detention will be carried out on a ship, fortress, prison or prison.
The attenuated will be fulfilled as follows:
1 Officers shall be arrested in their accommodation or domicile and relieved of any command and service;
2° Sub-offices, classes and troops will be arrested in military barracks or establishment, providing the services that the respective chiefs deem appropriate.
Art. 316. - In all other cases of military trial, the proceedings against the accused will also continue, who will retain their liberty and remain in service, but they will have an obligation to comply with all the acts of the trial.
If they fail to comply immediately with this obligation, they shall be subject to attenuated pretrial detention.
Art. 316 bis – If the new proceedings of the case were not justified, the judge may amend the case by special and well-founded decision.
(Article 2 of the Article Act No. 22,971 B.O. 15/11/1984. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 317. – The prison of an absentee shall be requested by counsel, inserting the arrest warrant. Any other means of communication may be used in urgent cases.
If the absentee is abroad, the instructor will address superiority, so that he manages extradition in the appropriate manner.
If he raised a case to the whole, it would result in the fact that the defendant does not comply with the pretrial detention that corresponds, according to the qualification of the facts contained in the elevation to the whole, the president of the council, on his own motion or at the request of the prosecutor, shall have the change of the prison, for which it is relevant.
Art. 318. - Prison directors or administrators and heads of bodies or ships in which the accused are held in prison shall comply with the orders or instructions they may receive from the instructor or the president of the court to which the accused are subjected.
Preventive measures on the property of the accusedArt. 319. – The judge or court may decree the embargo on the defendant ' s property in sufficient amount to ensure compensation for the damage caused, by issuing appeals, directly ex officioing the relevant public divisions, or notifying the obstacles to the individual, if any.
Inhibition shall be decreed if the accused is not told of property or the shipment is insufficient.
Such measures may be lifted, reduced or expanded, as appropriate.
Art. 320. – The accused may replace the embargo or the inhibition by a personal or real caption, sufficient in the opinion of the investigating judge or the court.
Art. 321. – For the execution of the embargo, the order of the goods and the forms of the act, the provisions of the Code of Procedures in the Criminal Law of the Federal Capital shall be observed.
Art. 322. – For the preservation, security and custody of the goods seized, the judge or court shall designate the depositary, who shall receive them in inventory and sign the procedure for the establishment of the deposit, imposing on him the responsibility he hires, and must be recorded in such proceedings.
Public funds, credit titles, money and other values will be deposited in banking institutions.
Art. 323. – Executions on embargo and bonds will be processed by separate string.
Art. 324. – Without prejudice to requesting recognition of its claim to the judge or court, which decreed the precautionary measure, third parties who claim to have dominion or better right over the property may deduce the relevant action before the ordinary court, and the accused must be allowed to defend his right.
Release of defendantsArt. 325. – Any military accused against whom a pretrial detention has been issued shall be given half or two thirds of the assets established by the executive branch, as rigorous or attenuated, respectively. (Note InfolegArticle 3 of Decree-Law No. 7.358/1963 replaced this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it consists of the modification mentioned. The text of Decree-Law 7.358/1963 can be consulted in our office. )
The detentions will remain as long as pretrial detention is not left without effect. In the event of a final acquittal or dismissal in respect of the act that motivates the prosecution, the detentions that have been carried out shall be returned.
When the sentence imposes a custodial sentence, only the assets that, as a result of the bond practiced, will be returned, correspond to the excess of pretrial detention completed.
The charges, the payment of which corresponds to the convicted person, may not be made in respect of the assets to which he or she is not entitled; such charges shall be brought to the General Treasury of the Nation.
Retired persons under trial shall not be discounted, when they are held in attenuated pretrial detention; when they have been decreed against the same rigorous pretrial detention, they shall be paid only the party that may correspond to their awards, in the event that they are sentenced to the penalty of bringing the dismissal. If they are acquitted, they will be returned entirely to the holdings.
Art. 326. – In addition, half of the assets that are owed at the time of the commission of the offence, which will be used to give effect to the discounts for various charges to be issued, the remaining balance will be returned to the officers, classes and troops for desertion.
For the purposes specified in this title, the instructor shall make communications to the administrative directorates of the respective ministries.
Conclusion of summaryArt. 327. – Conducted by the investigating judge all the proceedings for the investigation of the offence and the investigation of the persons responsible, the result will be presented in a report that will, together with the proceedings, elevate the military authority, officials or chiefs expressed in articles 177, 178 or 179, according to the case.
Art. 328. – The report of the investigating judge must contain:
1 A succinct relation of the summary test, with indication of the leaf in which each of its pieces is located;
2° The charges against each accused;
3° The general appreciation of the facts;
4° A well-founded request for dismissal, executive resolution or lifting to the whole, in respect of any accused whom an inquiring statement has been received;
5° The criminal and disciplinary responsibilities that arise against third parties, discovered on the basis of the summary.
Art. 329. – Received the summary by the Minister concerned, he will pass it to the general auditor for judgment.
Art. 330. – The general auditor will examine the summary and within a reasonable period of time will issue informed opinion, advising any of the following temperaments:
1 The extension of the summary, when it notices important omissions that affect the legal validity of the procedure, noting the steps to be extended or practiced again;
2° Overseasement for all or some of the defendants, indicating the appropriate kind of dismissal;
3° The lifting of the case to the whole, indicating, in this case, which court council is responsible for;
4° The application of disciplinary sanctions when it comes to acts that should be repressed with them.
Art. 331. – The Minister shall issue such an opinion as is appropriate, and if it were in accordance with the temperament provided for in article 330, paragraph 1, the summons shall be returned to the investigating judge to make the orderly extension as soon as possible.
The latter, and returned to the case, shall be issued a resolution, following a new opinion by the general auditor.
Art. 332. – The other military authorities who have ordered the investigation of the case, before proceeding to its elevation, if they have an adscribed auditor, will require their opinion. The auditor will advise some of the temperaments set out in Article 330.
In the case of the first subparagraph, the respective authority shall have the recommended measures; they shall be carried out and in the other cases referred to in subparagraphs 2°, 3° and 4°, the proceedings shall be elevated with the opinion of the relevant authority, to the appropriate ministry. (Note Infoleg: By art. Decree-Law No. 6.746/1963 replaced this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it consists of the modification mentioned. The text of Decree-Law 6.746/1963 can be consulted in our office. )
Except as provided for in article 333 and without prejudice to the provisions of Decree-Law 204/63, the ruling shall be issued by the respective Secretary of State, who may delegate such function to another or other military authorities, in cases where there is no trial or where the accused is a subordinate person and the penalty that may be appropriated is not death or imprisonment. (Note InfolegArticle 2 of Decree-Law No. 6.746/1963 incorporated this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it is included. The text of Decree-Law 6.746/1963 can be consulted in our office. )
The delegation authorized in the preceding paragraph shall be of a general nature and shall be approved by the President of the Nation. The authority for whom such a delegation has been made may only resolve the summons when it does so in a manner consistent with what is dictated by the general auditor of the armed forces, but must instead raise them to the respective secretary of State, when his opinion does not agree with such advice. (Note InfolegArticle 2 of Decree-Law No. 6.746/1963 incorporated this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it is included. The text of Decree-Law 6.746/1963 can be consulted in our office. )
Art. 333. – In the cases of the general officers and their equivalents, the resolution on the summary shall be issued by the President of the Nation.
Art. 334. - In the cases of article 45 of this code, the extension, dismissal or elevation to the plenary shall be decided by the respective head, hearing before the auditor or substitution of the latter part of article 70.
Art. 335. – The resolution by raising the case to the whole must contain the order to appear before the war council, all indications concerning the fact that the process is motivated and the person of the accused.
AboutArt. 336. – With regard to the defendants, the dismissal may be total or partial; the first includes them all; the second, one or more of them.
Art. 337. – As for its effects, the dismissal is final or provisional.
The final one prevents any subsequent procedure on the same facts.
The interim allows the case to be opened again, when new data or proofs give merit to it, except the case of prescription.
Art. 338. – There is a definitive dismissal:
1 Where it is evident that there has not been the fact that motivates the summary;
2° When the act has been proved, but it does not constitute a punishable offence;
3° When the accused appeared, in an undoubted manner, without criminal responsibility;
4° When the defendant fails.
In the first three cases, the statement should be made that the formation of the case does not prejudice the good name and honour of the accused.
Art. 339. – The provisional dismissal occurs:
1 When the fact that motivates the summary is not well proven;
2° When the fact is proven but there is no reason to hold the person responsible.
Art. 340. – Decreted the definitive dismissal of all the defendants, the order of liberty shall be released if they are detained, and the proceedings and pieces of conviction that have no known owner shall be forwarded to the military judicial archive.
Art. 341. – If the dismissal is provisional, the case file and the parts of conviction shall be reserved in the distribution established by the respective regulations, until new background permits the continuation of the case or the termination of the statute of limitations.
In the latter case the statute of limitation shall be declared, and the file and parts shall be forwarded to the relevant file.
Art. 342. – If you do not claim a dismissal for having resolved the proceedings as set out in article 120, the file will also be forwarded for your file to the address.
PlenaryFIRST PART
PROCEDURES IN PERMANENT WAR COUNCILS
PART I
Preliminary provisionsArt. 343. – Resolute the elevation to the plenary, the president of the corresponding war council, the case file and the parts of conviction will be sent on an informal basis.
Art. 344. – Received all, it will be recorded in cars by means of a note, and if the defendant has not appointed a defender, the president will provide intimating it in the act of the notification, under the expectation of naming it on his own motion.
Art. 345. – Given the appointment of the defender, the corresponding notification will be made, requiring the acceptance or the reasons for its excuse in the same act.
The president will immediately provide that the parties appear to object to exceptions, if they have them, for which purpose he will point time within the following forty-eight.
Art. 346. - In the face of the war councils, no writing shall be admitted, other than those expressly permitted by this code, and the president of the court shall order the immediate return of any written submission that is not in accordance with the above.
ExceptionsArt. 347. - The only exceptions that can be objected to in military proceedings are:
1 Incompetence of jurisdiction;
2nd Prescription;
3° Cosa judging;
4° Amnesty or pardon.
Art. 348. - The exceptions will be verbally opposed to the president and secretary of the council. The appearance will be public and will begin by reading the statement of the investigating judge, then hearing the prosecutor and the defender. From this appearing there will be a record where the opposite exceptions, the alleged reasons and the steps that are requested to prove them in detail. This record will be signed by all present.
Art. 349. – The statute of limitations, amnesty and pardon may also be declared ex officio by any military court at the time of ruling on the case.
Art. 350. – The proof of exceptions will be practiced by the president and the secretary within forty-eight hours of the time they appear to be opposed.
The President may extend this term when he deems it insufficient.
Art. 351. – Practicing the trial proceedings or immediately after the appearance, when no evidence had been offered, the president will send the cars to the agreement, and the council, with the assistance of his auditor, will resolve the exception within twenty-four hours.
Art. 352. – If the council accepts the exception and this is not incompetence, the resolution will be raised in consultation with the Supreme Council and, approved by the Supreme Council, the file will be filed. If the accepted exception is that of incompetence, it shall be proceeded as determined by article 153.
Art. 353. - If the council rejects the opposite exception, there will be no appeal against this resolution; but the Supreme Council may take into consideration the legal grounds of the rejection, when it knew of the final judgment, if it were appealed.
Art. 354. – Rejected the exceptions or immediately after the appearance referred to in article 345, if they were not opposed, the president shall summon the prosecutor and the defender to another appearing in which they may apply for any of the trial proceedings permitted by article 356, for which they shall be provided in advance for the term of twenty-four hours to each.
TestArt. 355. - The evidence that can be performed at the request of the prosecutor or at the request of the defender is:
1 Enlargement of the inquiry into points that have not been previously investigated or that, if so, need to be clarified;
2° Witnesses who have declared in the summary, in the same cases as in the preceding paragraph;
3° Witnesses who have not declared in the case; if they were witnesses indicated by the defendant and not admitted; or witnesses indicated during the investigation whose statements have not been deemed necessary; or witnesses who have not appeared in the case, who are known after the investigation;
4th Care, identification, confrontation, expertise, examination of documents, as well as all other evidence procedures relating to the existence and characterization of the offence and the proficiency of responsibility of the accused, provided that they had been poorly carried out and that they need to be carried out again or not.
Art. 356. - The Council shall grant the requested proceedings if they are relevant to the best clarification of the facts and the responsibilities it has assumed and shall order the corresponding summons to be made. In the receipt of the evidence, the provisions for the investigation of the case shall be noted as appropriate.
Art. 357. - The proceedings referred to in article 355 shall be carried out by the president and secretary before the hearing of the case, except that the council resolves to act in its presence. The vowels may direct, through the chairperson, any questions they deem appropriate and may judge relevant. The test will be received with the assistance of the auditor.
These proceedings may be conducted by both the prosecutor and the defender, who are empowered to observe the proposed witnesses and experts. The president will hear the demonstration in this respect that the observed and everything will be taken note in the record so that the council appreciates the observations at the time of the judgment.
Art. 358. - If the council deems it appropriate to clarify or illustrate some point of the case, it may, if not requested, practice any of the evidentiary proceedings set out in article 355, and shall require, through the chairman, the administrative data or technical reports required.
If the evidence is to be carried out outside the seat of the council, it may be carried out through the investigating judge who have intervened in the proceedings by which the court deems appropriate.
Art. 359. – Once the trial proceedings have been conducted, or after the appearance of exceptions when no evidence is offered, the indictments will be handed over to the prosecutor for the prosecution.
ProsecutionArt. 360. – The prosecutor must return the proceedings with the indictment, within two days, that the president may extend, according to the volume and importance of the case.
Art. 361. – The indictment shall contain in separate and numbered paragraphs:
1 The methodical exposure of the facts, referring them thoroughly to the evidence they work in cars;
2° The participation of each of the defendants in them, clearly designating them by their names, surnames and jobs;
3° The circumstances that change the responsibility of the same;
4° The legal qualification corresponding to the related facts, determining the category of infringement to which each one belongs;
5° The request for the penalty corresponding to the qualified facts;
6° The request for acquittal, when the evidence of acquittal results in the innocence of the accused or when, for lack of such evidence, the responsibility cannot be enforced.
Art. 362. – The prosecution shall refer to all offences and offences covered in the case, unless the prosecutor considers that it is appropriate, for the speedy and effective repression of the offenders, to segregate the offender from any of them; in which case, and provided that there are no related offences, he shall request it in an express manner indicating clearly the offence on which he is to form a separate trial.
DefenceArt. 363. – Return the cars by the prosecutor, the president will confer the charge transfer to the defender, for the same term granted to him.
Art. 364. – For the proper discharge of his/her position, the human rights defender may freely communicate with the defendant and examine the proceedings in the secretariat of the Council, taking the necessary copies from him; but, if the president deems it appropriate, by the nature and importance of the case; he/she may authorize the human rights defender to carry the file on receipt. His loss or miscarriage will involve the human rights defender, as well as the prosecutor, in the penalties set out in article 780 of this code.
Art. 365. – The defence brief will be determined to accept or challenge the points of fact or law contained in the prosecution, exposing the reasons for demonstrating the innocence of the defendant or attenuating his responsibility, but always in accordance with the record.
Art. 366. – The defence must be drawn up in clear, precise and moderate terms, and in no case will it be allowed to induce in favor of the defendant any consideration that would detract from the respects of the superior, nor to make such accusations or accusations of facts that are not intimate with the case.
Nor is it possible for the human rights defender to make unfavourable criticisms or appreciation of the political or administrative actions of the government.
Art. 367. – The defender who fails to do so in the previous article, in respect of the respects due to the superior and to the appreciation of the acts of the government, will be removed from office and disciplinaryly or in the form of trial and in accordance with article 664, as appropriate. To the effect indicated the acceptance of the defence submits to the human rights defender, in the exercise of the position, to the military jurisdiction, regardless of its situation of review.
Art. 368. - If the defence writing is written in terms that, without being disrespectful, were inconvenient or immoderate, the council will send them to testify by secretariat that it will cite the defender to make the arrangements immediately necessary for the proper reading of the defense.
Art. 369. – Produced the accusation and the defense, will be the cause in a state of being seen before the war council, for which purpose the president will point out day and hour, leaving the time strictly necessary for the council's vowels to study and impose themselves on the secretaries.
Art. 370. - In no case may the meeting of the council be deferred more than six days, unless the volume or importance of the case warrants it.
View of the causeArt. 371. – The hearing of the case will be held in public session, unless for reasons of morality or for considerations affecting the public order or discipline of the armed forces, the council resolves to be verified in secret hearing.
Art. 372. – For the hearing of the case, the defendant will be brought to the council room, taking all appropriate precautions to avoid his escape.
Art. 373. – The hearing of the case will begin by establishing the identity of the accused, for which purpose the president, after declaring the session open, will question him for his name, surname, age, nationality, state, profession or military employment, body, ship or distribution to which he belongs. This interrogation will be sent to you to sit down and discover.
If there are several defendants, the same interrogation will be made to each of them.
Art. 374. – Established thus the identity will be sent to read by the secretary:
1 From the report of the investigating judge;
2° From the order to appear before the war council;
3° From any piece of evidence or document requested by the prosecutor or the defender, provided authorized by the president.
The charge and the defence by their respective authors shall be read immediately unless they are physically disabled, in which case the Registrar shall do so.
Art. 375. - The council's vowels, the prosecutor and defender can interrogate the defendant, directing the questions through the president. It is reserved for the right not to address the questions requested, if it does not consider them relevant.
Art. 376. – Reading the accusation and the defense, the president will address the defendant and keeping him standing will tell him: "From all that has been read, it turns out that you are accused of.....I warn you that the law gives you the right to say all that you consider to be useful to your defense, provided you do not depart from the duties and respects that the discipline imposes on you. If you have to expand, then, something to add.
If there are several defendants, this prevention will be addressed jointly to all.
Art. 377. – Given for the defendant the demonstration that creates to agree with him, he will be sent to sit and, the act of the discussion will be declared closed, suspending the public session while questions are actually formulated.
Art. 378. – During the discussion of the case, the session may not be suspended, but for the time strictly necessary to seek a break from the members of the court.
Art. 379. – Withdrawal of advice to the agreement room, the auditor will formulate the issues in fact as follows:
1 Is the fact that N. N. is accused of having......( and will refer to the agreement with the records of cars to the fact produced, to the person of the author, at the time and to the place where it occurred........., avoiding any reference to the legal qualification of the same, to the intention or lack of it in the defendant) properly proven?
2° Is it equally proven that the fact that N.N. is accused has occurred with such circumstances ... ... ... ... (it will refer to separate sections each of the circumstances that may influence the legal qualification of the fact or in the class and duration of the sentence, either as attenuating, aggravating or exempting.)
The members of the court may make such comments as they consider relevant on omissions, lack of precision or drafting defects that they have warned in the questionnaire.
In the event that it is not amended by the auditor, the court may decide to add any other matter of fact that it deems relevant.
Art. 380. – If there were several defendants, the questionnaire will be established for each of them.
If the same individual is charged at the same time for various criminal offences, the questionnaire shall be established for each of these offences.
Art. 381. – Established the facts in the manner indicated, the public session will be reopened, and the president will send the secretary to read the questionnaire, requiring the conformity of the prosecutor and the defender.
Art. 382. - If the prosecutor and defence counsel made any claim as to the manner in which the facts are referred, the council shall consider it and resolve its origin, when it enters to deliberate for judgment. In addition, the prosecutor and the defender may propose the addition of some matters in fact, and if the council considers them admissible, they shall be added to the questionnaire, for which they shall be submitted in writing.
Art. 383. - The issues in fact will be written in a fold that will be signed by the one that formulated them, and a copy will be made by the secretariat for each issue; these folds will be timely added to the file, preceded by the judgment.
Art. 384. – Definitely given the matter of fact, the president will require the auditor his opinion on the procedure, and if he observes any deficiency or omission that is indispensable to save, he will order the secretary to proceed to subsanate it in the act, if possible, or before the council meets to discuss the judgment:
The public session will be terminated immediately and the accused will be ordered to be withdrawn and will prevent the prosecutor and defender who are obliged to attend the next day, to be notified of the judgement.
The same prevention shall be made to the accused, when he is not in pretrial detention, otherwise the sentence shall be notified at the place of his prison, immediately after notification to the prosecutor and defender.
Art. 385. - Notwithstanding the provisions of the previous article, when the discussion of the case had not been of long duration and it was considered that there was enough time to discuss the judgement, it could be pronounced on the day.
In this case, in declaring the public session closed, the prosecutor and defender will be prevented that the sentence will be pronounced and that they must wait to hear his reading and be notified of it.
Art. 386. - The secretary will take note of all the incidents and details of this session, and will release the corresponding record, which will be signed by the entire council, by the auditor, prosecutor and defender and added to the cars.
Art. 387. - If during the discussion of the case or of the evidence produced, the accused becomes complicated in another offence that the one to which he must respond at that time, the council, in a fiscal requirement or without him, making record in the file, shall have the priors referred to the appropriate person, for the appointment of the respective instructor.
In this case, with the conviction, his execution shall be suspended until the accused is tried for the new crimes; but if he is acquittal, he shall be arrested and made available to the competent authority or judge.
In the same manner as prescribed by the first paragraph of this article, a military officer shall proceed in the event that he or she has incurred criminal liability, discovered for any reason in proceedings or at the time of the trial.
Deliberation and sentenceArt. 388. – On the day after the public session where the discussion of the case has been made, or on the same day, if it be the case of article 385, the council will meet in agreement, to discuss the judgment.
Art. 389. – The president will open the act by ordering the secretary to read the factual issues subject to deliberation, and with the conclusion of that reading, will give the word to each of the vowels, in the order that they ask.
Art. 390. – These may request from the auditor or the secretary all the explanations and data they consider necessary to illustrate their judgment on the class and value of the evidence produced.
Art. 391. – When the council becomes the summary of important omissions or errors affecting the legal validity of the procedure, and which could not be saved through the trial proceedings permitted in the plenary by article 355, it shall issue a well-founded resolution declaring the act null and void, from the state in which the offence or omission was committed, which motivates the nullity; and, it shall be returned, through the corresponding ministry, to extend the proceedings.
Art. 392. – Once the discussion is over, or when the word is not taken, the President shall submit to the Council the claims referred to in article 382, and resolved, shall put to the vote each of the issues, in the order in which they are found in writing, and immediately the additional, when it has been decided that they should be taken into consideration.
The war councils shall proceed as jurors in the assessment of the evidence, and as judges of law in the legal qualification of the facts that declare proven in the judgment, and in the observance of the procedural rules.
The vote will be made by the reverse order of his posts and seniority; the president will only vote in the event of a tie.
Art. 393. – The vote will be made in writing, in the following form: the secretary will pass a fold with a copy of the first question to the corresponding vowel and he will put his entire signature to the foot, preceded by these words: it is tested or not tested.
The fold will pass successively to the other vowels by their order, and writings that are all the votes, the secretary will collect it and proclaim the general result of the vote by showing it under their signature, then the votes, in this way: unanimously (or by majority) it declares proven (or untested) the fact such, imputed to N. N. (here refers to the fact as it is in the question).
Art. 394. – If it is declared that the defendant is not proven, the acquittal shall be pronounced, and once the sentence is notified, if the prosecutor does not appeal it in the term of law, for the purposes of article 429, paragraph 2, the file shall be filed and the corresponding communication shall be made.
Art. 395. - If the fact is proven, the president will propose to the discussion this matter before: Does the proven fact constitute a crime or a punishable offence?
The vote will be verbal and its result will be taken by the secretary to make it count, as appropriate, in the record of the agreement.
If the vote is negative, the acquittal will also be declared, but in this case, if the sentence is not appealed by the prosecutor at the end of the law, it will then be lifted in consultation with the Supreme Council.
If it is declared to be an offence or a punishable offence, the President shall put to the vote in the form set out in article 393, the second question of fact, and the general result of this vote, shall be recorded in this form: unanimously (or by a majority vote) is proved (or is not proven) that the fact committed by N. N. has occurred with the following circumstances (here referred to as in the question).
Art. 396. – Voted the facts in the manner indicated, they are irrevocably established, and the president will discuss the issues concerning the application of the law.
This discussion will be made in the following order:
1 What is the legal qualification of the offence and what is the provision of the law in which it is intended;
2 What is the legal qualification of the circumstances in which it has occurred, that is, if they excuse, arrest or aggravate responsibility, and according to what provisions of the law;
3 What is the sanction that corresponds to the fact according to the qualification of crime or fault, established by the court when voting on the question provided for in article 395.
Before the matter referred to above is discussed by the court, the auditor of the council shall issue his opinion, and the record of the court shall be made in the respective record.
The voting on such matters shall be verbal and the Registrar shall take note of its outcome, to also record it in the record of the agreement.
Art. 397. – If it is stated that the law does not impose a penalty on the proven act, it shall be done as provided for in article 395, paragraph 3.
Art. 398. – The auditor must show the vowels about the other questions concerning the application of the law, provided that his opinion is requested.
Art. 399. - The following rules shall be observed in the application of penalties:
1 If the sentence is to be put to death, two thirds of the votes of the integrated court shall be required, the sentence imposed by less votes being invalid. If there is a simple majority for its application, the detention shall be imposed for an indefinite period of time;
2° The imposition of the other penalties shall be made by a simple majority, with the first vote on the nature of the penalty to be applied;
3° In case of a tie on the nature of the penalty, the President shall decide;
4° If the votes are divided into several opinions, without a majority of them, a new vote shall be taken, and if the President renders the same result, he shall decide the penalty to apply among the votes;
5° Established the nature of the penalty, in the same way the extension of it will be fixed.
Art. 400. – The agreement that will be deliberated on the judgment will be secret.
The record shall be recorded in the relevant book, and reference shall be made to all the incidents produced and to all the views expressed in the said agreement. The vote of each vow, in each of the legal matters, and the opinion of the council auditor, will also be recorded.
This record will be signed by all present in the agreement.
Art. 401. – After the voting on matters of fact and those relating to the implementation of the law has been completed, the auditor will be responsible for drafting the judgement.
This must contain, in the first instance, the date and place in which it was delivered, the expression of the case, the name of the accused, his/her state, age, nationality, domicile, employment, body to which he/she belongs and all other circumstances in the case.
At once, and in separate and numbered paragraphs:
1 The relation of the facts that have been voted by the council, referring each of them to the corresponding pieces of evidence and indicating the number of the sheets in which they are found;
2° The relationship of the circumstances with which the facts have occurred, submitted in accordance with the provisions of the vote and accompanied by the same references as indicated in the preceding paragraph;
3° The legal qualification of the proven facts and the participation of each of the accused;
4° The legal qualification of exempt, mitigating or aggravating circumstances.
In each of these paragraphs, the legal provisions deemed applicable should be cited.
Finally, the judgement shall be closed with the operative part or the judgement, condemning or acquitting the defendant for the offence that has been the subject of the proceedings, and imposing due sanction on him with the corresponding citation of the law.
The judgement, where appropriate, shall establish the amount of compensation to be paid by the sentenced person for the reparation of the damage caused to the public court; if the judgement could not determine the liquid amount to which the injury is made, the judgement shall establish the basis for which the Account shall be established.
Art. 402. – Drafted the sentence, will be signed by the president and by all the vowels. The parties shall be notified at once; but the notice to the accused, except as provided in article 316, shall always be made at the place of his prison. If the pre-trial detention is rigorous, the notice shall be made in the presence of the armed guard, when the court so provides.
If the defendant is released and the sentence handed down by the council is deprived of it, except where the penalty is disciplinary, the President of the Council shall immediately provide for the arrest of the convicted person, taking appropriate measures to ensure that the convicted person is brought into effect in a military unit, notwithstanding any remedies that may be lodged.
Art. 403. – In the death sentence, the notification to the sentenced person shall be made in accordance with article 474.
Art. 404. – The judgement of the military courts shall declare in favour of the State the instruments of the offence and the objects taken from the offenders or brought to trial as evidence of the offence, when so provided by law. Others will be ordered to be returned to their owners.
Art. 405. – Notified and non-applied sentences will be forwarded in a copy to the relevant military ministries, so that they have the necessary provisions for their execution, adding in a closed legalized copy of the record referred to in article 400, for exclusive information of the authority to order the execution of the sentence.
If the judgement is high in consultation or appealed to the Supreme Council, the copy of the agreement referred to above shall be accompanied by separate strings, for information from that court.
MeetingsArt. 406. - The President of the Council is responsible for maintaining order and composure at the meetings, using moderate and prudent means, and employing, where they are not sufficient, all those that he may have available within the limits of his authority and jurisdiction, without excluding, where necessary, the assistance of the public force, for which purpose, in each case, the President must be made available the military guard requesting.
Art. 407. - At the time of the trial being taken to the courtroom, the guard at the premises shall form in front of the entrance of the court, and when the council shall hold its seat, the honours of the officers shall be given by regulation.
Once the council has entered the compound, those honours will cease, but the guard must not withdraw without order from the president.
Art. 408. – When the meeting was to judge general officers, the guard will give the Supreme Council the honours of the military ministers.
Art. 409. – The defendant shall enter with the defender, and in serious cases and in cases involving troupe proceedings, they shall be guarded throughout the session by one or more armed soldiers.
Art. 410. – The prosecutor will also occupy his position on the stand before the court members enter.
Art. 411. - At the time the council enters the room, they will all stand up; the military defendant will make the greeting of ordinance, if he has free hands, and the guard soldiers will also do so with the weapon, as appropriate.
Art. 412. – The members of the council, auditor, prosecutor and secretary must attend public meetings in the uniform that the executive branch rules. The defendant will have a gala uniform if he has it.
The president and members of the war council will remain covered, from the moment the session is declared open.
The prosecutor, the defender, the auditor and secretary will be discovered, and when the first two address the council, they will stand.
In the cases of original competence of the Supreme Council, the president and all the vowels will be covered.
Art. 413. - The distribution of seats in all councils will be made as follows: the president will take seat in the center and in a higher place, having on his left to the auditor: at the right place, the most senior vowel or graduation: at the first of the left, the other vowels, according to the order of their respective graduations and antiquities.
The secretary will stand in front of the president, turning his back on the public, the prosecutor will occupy the right-wing rostrum of the court and the left-wing defender.
The defendant ' s bank will be placed in the centre of the compound and in the midst of the prosecutor ' s and defence courts. Witnesses will occupy the seats the president designates.
Art. 414. – The spectators will remain undiscovered and unarmed, keeping silence, composure and due respect. If signs of approval or reprobation are made, or any disorder is caused in the hearing, the president will prevent the partial or general eviction of the public. If the demonstrations are repeated, the authors will be expelled from the enclosure, or the contest will be evicted when it is not possible to discover the authors of the disorder.
The public force shall be employed in this case, if necessary, without prejudice to the criminal responsibility that corresponds to the promoters of the disorder, for which purpose they shall be ordered to stop.
The arrest warrant will serve as a trial head.
Art. 415. – When the defendant, by any means to provoke disorder, tries to prevent the normal development of the hearing, he will be ordered to withdraw from the courtroom and the discussion of the case will continue, and may be imposed on him by such a fact the corresponding penalty.
Art. 416. - The disrespect of the human rights defender shall be repressed after he has fulfilled his mission, except that they were of such nature that they obstructed the regular course of the session, in which case he will be ordered to withdraw if so decided by the council, without prejudice to the responsibilities of criminal order, the secretary will continue to read the defence.
PLENARY ON SPECIAL GUARDS
Art. 417. – Where the authorisation referred to in article 45 is mediated, the authority to which the summary is lifted, if it does not have an adscribe to the auditor referred to in article 70, shall designate it in the form provided for in the last part of the case, which shall intervene in the subsequentities of the case and shall rule on the points specified in article 320.
Art. 418. – Produced this opinion, if the authority decides to send the case to the plenary, the president, prosecutor and secretary of the war council to be heard in the case will be appointed.
Art. 419. – The appointed president shall take the secretary the oath of law, and shall require the appointment of a defender in the cases and in the manner prescribed by articles 344 and 345.
Art. 420. – Named the defender and accepted the position, the Council shall be established in accordance with the provisions of Chapter II Title III, Treaty I of this Code.
Art. 421. – Constituted the council, the president will have his installation, pointing out time within the next twenty-four and making the summons due to the vowels, the prosecutor, auditor and defender.
If the president or any of the other persons cited, fail to comply with the act without a justified cause, they shall be repressed with arrest by the appropriate person, without prejudice to the fact that the council is urged with the present, and that the absent persons shall be incorporated before or after the completion of the arrest. When the lack outside of the president, the vowel to replace him will tell the superior.
Art. 422. – Provided that the oath of law is by the present, the act will end, and the secretary will break the corresponding record, which will be signed by all of them.
Art. 423. – After the act of the installation, the president will let the prosecutor and the defender know that they must come to claim, before him, the exceptions they have, for which purpose he will point time within the next twenty-four.
With regard to the discussion and the evidence of exceptions, the provisions of Title II, Part I, Section III, Treaty II, shall be observed, but the Council shall take them only into consideration after completing the prosecution and the defence proceedings.
Art. 424. – Produced the evidence of the exceptions or immediately after the appearance, if they are not opposed, the president will give a hearing to the prosecutor and then transfer to the defender, for the purposes of the prosecution and the defense, which will be presented in the time frames and in the form that this code establishes.
Art. 425. – Produced the defense, the president will call the council to an agreement, to consider and resolve exceptions and incidents.
These resolves, if the case is to continue, the council will meet in session, and then again agree, for the purposes of the discussion and the judgment.
Art. 426. - With the exceptions set out in the preceding articles, the provisions relating to trial in the permanent councils are applicable to these trials, and they proceed against the judgments of one and the other the same remedies for the Supreme Council.
Art. 427. – At the hearing of the case, the members of the court, auditor, prosecutor, defender and secretary, as well as the defendant, may attend the service uniform.
RESOURCES
Art. 428. – Against the judgment of the military courts there are three remedies:
I. Violation of the law;
II. Review;
III. In front of federal justice.
(Article replaced by Article 4 of the Act No. 23.049 B.O. 15/2/1984. Watch: from the day of publication.)
I
Violation of the lawArt. 429. - This appeal is made against the final judgments of the war councils that were not appealed by point III of the previous article and proceeds in two cases:
(1) When the law has been violated in the judgement;
(2) When there is breakdown of forms
(Article replaced by Article 4 of the Act No. 23.049 B.O. 15/2/1984. Watch: from the day of publication.)
Art. 430. - In the first case, the remedy must be founded:
1 In the erroneous legal qualification of the proven fact or its circumstances;
2° In the non-applicability of the sentence, or in the misuse or misuse of the sentence.
Art. 431. – In the second case the resource must be founded:
1 Where the accused has not been taken or his defence has been heard;
2° No intervention has been given to the prosecutor;
3° Where evidence has been omitted that has been offered and accepted as relevant and necessary;
4° In the incompetence or illegal organization of the council that rendered the judgment;
5° In which it has occurred in a nullity of those expressly determined by this code.
Art. 432. – Judgements imposing a penalty of crime or disciplinary punishment for dismissal or confinement will be appealed only by the accused or his or her defender.
Art. 433. – The term for appeal is twenty-four hours after the last notification. This period, without the appeal being filed, shall be terminated except as provided for in article 438.
Art. 434. – The deduction of the appeal by the convicted person can be heard in the act of the notification of the sentence, in which case the secretary will register him in a car. If he deducts him in writing, he must be sent to the council through the head of the prison.
Art. 435. – The prosecutor and defender will file a written appeal and have to found it shortly. In all cases the legal infraction that determines it shall be indicated.
Art. 436. – The appeal deducted by the prosecutor takes advantage of the convicted person even if he has not appealed.
Where there are several convicted persons and any of them, this remedy does not take advantage of any other, except when in the proceedings and in the case of appeal, it is in a legal situation identical to that of the applicant.
Where the appeal is promoted only by the convicted person, the penalty imposed by the war council may not be increased or aggravated.
Art. 437. – Interposing the appeal, the process will be referred by the president to the secretary of the Supreme Council, informing the prosecutor, the defender and the defendant.
Art. 438. – Once the term has expired without any appeal, the cars will be lifted in consultation with the Supreme Council of the Armed Forces in the following cases:
1 When the sentence is to die;
2° When absolute and absolution is based on one of these two causes:
(a) That the proven fact does not constitute a crime or a legal offence;
(b) That it is not punishable by law.
In the cases of this article, the order for the lifting of the car shall be notified to the prosecutor and the defender, and shall immediately be referred to the president of the person.
II
Review remedyArt. 439. - This appeal is made against the strong sentences of the military courts, and its effect is to suspend or terminate the enforcement of the military courts. It occurs in the following cases:
1 Where, under contradictory sentences, two or more persons are being convicted for the same crime that has been committed only by one.
2° When someone is serving sentences as an author, accomplice or covert for the murder of a person whose existence is proven after conviction.
3° When a person is serving a sentence by virtue of a sentence whose basis has been a later false evidence for a final sentence in criminal proceedings.
4° When it is appropriate to retroactively apply a more benign criminal law.
Art. 440. - The remedy of review may be promoted by the convicted person or by any of his or her relatives until the third degree of consanguinity or second degree of affinity and may be requested for the purposes of rehabilitation, after completing the sentence or after the death of the convicted person.
Art. 441. – The appeal will be initiated with a motivated request, to the appropriate military ministry, who, hearing the general auditor, will send him to the Supreme Council, if he believes there is reason to deduce him.
Art. 441 bis – If the judgement under review had been handed down by a Federal Appeals Chamber, the Court shall hear the appeal in accordance with the same rules as the Supreme Council.
(Article 6 of the Act No. 23.049 B.O. 15/2/1984. Watch: from publication.)
Art. 442. – The Attorney General of the Supreme Council may also promote it, when he or she is aware of any case where appropriate.
Art. 443. – The review appeal shall be substantiated by hearing in writing the Attorney General and the interested parties, who shall be summoned in due course, if they have not been brought before.
When one or the other asks for the prioritization of the cars, the council will agree on the particular what it deems appropriate.
In the course of the necessary substantial proceedings, the prosecutor and the persons concerned shall be heard again, and without further action the council shall issue a judgement, which shall be final.
Art. 444. - In the case of article 439, paragraph 1, the Council shall declare the contradiction of the judgements, if it does exist, and annulled one and the other, shall instruct the case again.
In the case of subparagraph 2 above, the identity of the person whose alleged death had resulted in the imposition of the sentence will annul the sentence.
In the case of subparagraph 3, it shall issue the same resolution in the light of the enforceability that has declared the evidence to be false and shall command that the case be instructed again.
In the case of paragraph 4 it shall issue a new sentence in accordance with the current law.
Art. 445. – When the sentence had been passed on to the sentenced custodial sentence, and the second sentence imposed any other penalty on him, the time and importance of which he had previously served shall be taken into account in order to comply with it.
III
Appeal to federal justiceArt. 445 bis – Subparagraph 1: In time of peace, against the final rulings of the military courts, as far as they relate to essentially military crimes, a remedy may be lodged before the Federal Appeals Chamber with jurisdiction in the place of the act that led to the formation of the proceedings.
Subparagraph 2: The resource may be motivated:
(a) In the non-observance or incorrect application of the law;
(b) In the non-observance of the essential forms provided for by law for the process;
It shall be considered to be non-observance of the forms provided for by law for the process, particularly those decisions which:
I. Limit the right of defence;
II. Provide essential evidence for the resolution of the case.
(c) In the existence of evidence that could not be offered or produced for substantial reasons.
Subparagraph: 3. The appeal shall be filed within the fifth day, without the expression of grounds, before the military court, which shall lift the proceedings without further proceedings to the Federal Appeals Chamber within 48 hours.
Subparagraph 4. Upon receipt of the proceedings, the Chamber shall give an intervention to the parties and shall grant a period of 5 days to the accused to designate counsel, subject to the expectation of ex officio the court.
In the same order, which is to be notified by the certificate, it shall set the days on which the other provided shall be notified by note.
Within ten days of notifying the car referred to in the preceding paragraph, the recurring party shall express grievances from which the recurring party shall be transferred, on the same basis.
In the case of plurality of resources, the deadlines for expressing grievances and for responding to them will be common.
In these same writings, the parties may request the trial of new facts or measures which, for reasonable reasons, have not offered or indicated in the military.
Subparagraph 5: Within five days of the completion of the acts referred to in the preceding paragraph or the expiry of the term for the practice of such acts, the Chamber shall rule on the admissibility of the appeal. If so, it will set a hearing within 30 days.
Subparagraph 6: This hearing will begin with a summary by the parts of its grievances or improvement of foundations. If the opening had been requested to be tested and relevant, it would occur at the same hearing.
The defendant, if requested, will be heard on the occasion.
Subparagraph 7: The hearings are developed according to the following rules:
A. The debate will be public, except that the court through a well-founded order ruled otherwise for moral or security reasons.
B. The hearing will be continued under penalty of nullity. If necessary, she will continue in the following days and may only be suspended for the maximum term of 10 days, if required by the decision of incidental issues that cannot be resolved immediately, the production of any evidence outside the place of the hearing or which depends on the presence of any witness, expert or interpreter absent at the time, the illness of any judge or of any party, or the emergence of a new act in respect of which it is necessary to grant a term of right.
C. The president of the hearing shall be appointed in each case by the court. He will be responsible for the conduct of the debate and the police and discipline of the hearing.
D. With the permission of the President both the parties and the members of the court may freely question witnesses or experts. The president will reject the suggestive, capturing or unnecessary questions and may, on his or her own initiative or at the request of the parties, have the tachygraphic or magnetophonic version of the statements or part thereof incorporated into the process.
E. Before testifying, witnesses may not communicate with each other and remain outside the courtroom.
F. After the receipt of the evidence, the parties will be heard of the merit of the evidence.
G. After the hearing, the court clerk will adjourn an acquittal that will at least contain:
(a) The place and date of the hearing. with the mention of the ordered suspensions;
(b) The identity of the judges, the parties, witnesses, experts or interpreters who had intervened at the hearing;
(c) The personal circumstances of the accused;
(d) Certification of versions incorporated in accordance with the provisions of paragraph D;
(e) A summary of the grievances or claims of the parties;
(f) The signature of the judges, the parties and the secretary, who will previously read the record.
Subparagraph 8: If the parties hear the merits of the evidence, the Court shall decide at the same hearing and after deliberating for a fourth intermediate set for the purpose, if it confirms, cancels or revokes the judgement in question, and shall issue in these last two cases the new sentence, which, if convicted, shall contain the legal qualification dei or of the facts and the penalty applied.
The reading of the fundamentals of the sentence may be deferred to a new hearing, which will be set in the same act and which will take place within 10 days.
The public prosecutor and the accused must be brought to the hearing, who may be compelled by the public force. The human rights defender and the individual affected, even if they did not attend, will be notified of the pronouncement.
Article 29 of the Criminal Code shall not be applied. The Federal Chamber will provide who must endure the costs of the resource.
Subparagraph 9: In order to resolve the issues not covered by this Act, the Chamber shall apply the Code of Criminal Procedure as soon as it is compatible, the regulations to be issued for the substance of appeals and, if necessary, the principles of similar laws that have established the oral trial in the Republic All procedural periods before the federal courts shall be counted for working days.
(Article 7 of the Act No. 23.049 B.O. 15/2/1984. Watch: from publication.)
(Note Infoleg: By art. 13 of the Act No. 23.049 B.O. 15/2/1984, it is provided that, without prejudice to the provisions of Act No. 23,042, civilians convicted by military courts may lodge the remedy prescribed by article 445 bis within sixty days of the entry into force of this Act. Watch: from publication.)
Procedure before the Supreme CouncilArt. 446. – Received the process by virtue of the appeal deducted, the secretary will note, in the cars, the date of receipt.
Art. 447. - If the defendant ' s counsel could not continue to serve the Supreme Council, the appointment of the substitute would be pre-trial.
To this end, it will be done as indicated in articles 344 and 345; but if the accused is absent, the president, ex officio and without further action, shall make the appointment of a defender.
Art. 448. – When the appeal has been filed by the convicted person or by the defence, the proceedings shall be made available to the defence counsel, so that it may examine it and take the notes it deems necessary to establish the basis of the appeal.
If the applicant is the prosecutor, the secretary will forward the cars, for the same purpose, to the Attorney General.
Art. 449. – The resource will be founded within two days, being able to be extended by the president when the volume and importance of the cause so warrants. In the first case of the previous article, the term shall be counted since the defence counsel is informed that the case file is available as a secretary; and in the second since it is referred to the Attorney General.
Art. 450. – From the writing on which the appeal is founded, it will be transferred to the other party, by the same term.
Art. 451. – This last term has been or has not been presented the writings referred to in the previous articles, the cars will be placed in the office of the president. If the accused dismisses the remedy, he shall be dismissed and the proceedings shall be returned to the council which he judged, for the purposes of which they are.
Art. 452. - At the public meeting of the Supreme Council, the provisions of Title VII, part I, section III, of this treaty shall be observed as soon as they apply. The lyric vowels will take a seat following the last two combatants military vowels and by order of antiquity.
Art. 453. – The decision on the appeal shall be taken in agreement, and no more than three days after the reports have been produced or the completion of the transfer, unless the volume or importance of the case is necessary for its extension.
Art. 454. - The agreement will begin with the reading of the writings in which the discussion of the appeal has been made, and then the president will propose to the debate the issues concerning the legality or illegality of the exceptions that have been opposed to the trial, voting immediately, as provided for in article 396.
Art. 455. – Once the exceptions have been debated and if they are rejected, the president will propose the following question concerning the remedy:
Whether or not there is the causal or the nullity grounds alleged as the basis of the appeal.
Art. 456. – Closed the discussion on each of these issues, the President will put them on the ballot and it will also be made in accordance with article 396.
Art. 457. - In all the debates, the opinions of the lawyer will be heard first, but the vote will always begin by the combatants, in the appropriate order.
Art. 458. – After the ballots have been completed and the general result has been proclaimed and noted, the president will order the lawyer in turn to write the sentence or the resolution.
Art. 459. - If the result of the voting is contrary to the existence of grounds of invalidity or to the legality of the opposite exceptions, the judgement shall be declared firm, and, notified that they are the parties, the communications necessary for the proper execution of the judgement shall be made.
Art. 460. - If the existence of some of the cases enumerated in article 430 is declared, the Supreme Council shall annul the judgment, and on the basis of the irrevocable facts which it has established, shall pronounce a new and definitive sentence, in which it shall enforce the law. The same will be done when the legality of the objections made during the trial is recognized.
When the new sentence should qualify the facts or vote the penalty, the provisions of articles 396 and 399 shall be observed.
In no case may the Supreme Council modify the facts voted by the war council or make any assessment of the evidence of such acts.
Art. 461. - If the existence of cases of invalidity of those enumerated in article 431 is ascertained, the Supreme Council shall declare the invalidity of the trial, from the state in which it was when the violation or omission determined it was committed, and shall return the file to the corresponding war council, for the trial to be instructed and re-established.
Against that second sentence, there will be no more recourse than that which is based on the violation that has been made of the law.
Art. 462. – When the sentence has been raised in consultation, the president will send the cars, in view, to the Attorney General, who must be issued within three days, advising their approval or reform.
If the public prosecutor ' s opinion is issued, the human rights defender will be transferred on the same basis, and then the cars will be placed on the final settlement agreement.
Art. 463. – When the judgement is passed, the council will be informed that the consultation was lifted, and at the same time directing the necessary communications to the proper execution of the sentence, the file will be sent.
If the council considers that the sentence has not been issued in accordance with the provisions of the law, it shall reform it in that part, and then proceed as indicated in the preceding paragraph. Issues relating to the approval or reform of the judgements consulted will be proposed by the President and voted in the manner established for legal matters.
Art. 464. - In addition to the legal basis of the decision on appeal, the Supreme Council ' s rulings must contain as soon as their nature permits, all the provisions of article 461.
The provisions of article 402, with the exception of notification to the convicted person, shall be strictly applied to these sentences, which shall be made without the presence of the guard.
Art. 465. – The secretary will record the agreement in the corresponding book, raising a copy of the agreement according to the provisions of articles 400 and 405.
Art. 466. - In the cases of senior officers and the cases of justice officials, the provisions of the trial in the permanent war councils shall be observed; but against the judgements handed down therein, there is no appeal.
However, if, during the proceedings before the Supreme Council, any of the essential defects of the procedure enumerated in article 431 have been invoked, the remedy of which may make a fundamental difference to the situation of the accused, the accused or his counsel and the prosecutor may request, within forty-eight hours of the decision; the remedy of these deficiencies and the provision of a new judgement shall be made, subject to a three-day submission to the party not.
Art. 467. - Copies of the records referred to in articles 400, 405 and 465, after ordering the execution of the judgement, shall be filed with the Supreme Council.
Execution of sentencesArt. 468. - The enforcement of the final judgements of the military courts must be ordered by the President of the Nation in all cases where the sentence imposes a death penalty or relapses on superior personnel and by the respective commanders in chief in the other cases; but those who in time of war pronounce special councils, in the strong positions, military forces or independent operations, shall be executed by order of their respective governors or commanders in chief.
The President of the Nation or the corresponding authority may only delay the completion of the final judgements of the military tribunals, for the necessary time, in exceptional cases of war operations, requirements for service, initiation of trial by prevarication or co-execution against the judges that have rendered it, contests of jurisdiction promoted after the judgement is handed down and before its completion is made; remedy of fact before the Supreme Court.
The effects of the judgement shall occur from the date on which the judgement is executed by the President of the Nation or by the corresponding authority.
(Article replaced by Article 1 of the Act No. 17.445 B.O. 19/9/1967.)
Art. 469. – The President of the Nation, notwithstanding the completion of the sentence of the military courts, may exercise the following powers:
1 To pardon, by pardon, the penalty of offence imposed in the judgement, in accordance with the provisions of article 480;
2° To replace, by commutation, the penalty of offence imposed in the judgement, another more benign as provided for in article 480;
3° To increase, replace, diminish or forgive the disciplinary sanction imposed in the sentence;
4° The imposition of disciplinary punishment when the judgement considers that the act which has been submitted to the court does not constitute a criminal offence;
5° The return of the judgement to the court which rendered it to the effect that the case was passed again, when, in a subsequent trial, followed against the judges who failed, it has been declared that the judgement was unfair, for having been rendered by prevarication or cohesive.
Art. 470. - Execution shall be practiced in full accordance with the terms of the judgement, observing the provisions of Treaty III of this Code and the respective regulations.
Art. 471. - If during the execution of the custodial sentence the convicted person ' s mental incapacity or the convicted person seriously ill or contracted a condition that would prevent his or her proper attention in the prison, the director of the prison shall bring the act to the attention of the relevant general or permanent prosecutor, in accordance with articles 53, paragraph 6 and 54, paragraph 3, respectively.
At the request of the general prosecutor or the permanent prosecutor, according to the case, the court that issued the sentence that is executed, after the necessary expertise, shall provide for the placement of the patient in an appropriate facility during the time that this measure was strictly necessary and without allowing the sentenced person to other exits that are indispensable for the care of his illness, which must always be carried out under supervision.
The time of internment is computed for the purpose of the penalty, except that the disease had been sought to try to subtract to it or it was subsequently verified that it was simulated.
Art. 472. - In the acquittal judgments, the court that pronounces them will ultimately provide the freedom of the accused, and make the submissions of the case, in order to give the corresponding orders.
Art. 473. - The judgements of the military courts shall be published in the regulatory body for that purpose, provided that, in the opinion of the relevant military authority, such publication does not prejudice the interest of the discipline or prestige of the armed institutions or their components.
Art. 474. – The sentence imposing the death penalty shall not be notified of the sentenced person until the time of placing him in a chapel, and once in it, the assistance requested by him shall be granted and the visits he wishes to receive shall be permitted.
The notification shall be made in the presence of the prosecutor of the case, who shall monitor the proper execution of the judgement.
Art. 475. – The death penalty will be executed on the day and at 24 hours of being notified, and can be made publicly. Can't run on the holidays
homeland.
Art. 476. – The sentenced to death shall be shot in the presence of a troop formed, in the place and at the time appointed by the President of the Nation or the chief who ordered the execution. The penalty of degradation shall be carried out in the first place, when it has been imposed on it.
Art. 477. – The executioner of a military sentence that alters it in any sense shall be punished with disciplinary sanction provided that the act does not constitute a crime.
Amnesty, pardon and commutationArt. 478. - The amnesty exempts criminal action and punishment with all its effects and takes advantage of all those responsible for the offence, even if they were already convicted, without prejudice to the compensation they were obliged to satisfy. This does not imply the reinstatement of the amnesty, or the restitution of the lost rights, except where the law expressly establishes it.
Art. 479. - The application of amnesty shall be made by the authorities that the law designates or, in its absence by the executive branch, observing the special provisions of the law in which it is agreed.
Art. 480. - The pardon and commutation shall be made by the President of the Nation with the limitation, as to the effect, of the provisions of the first paragraph of article 478 and the previous report of the Supreme Council or general auditor, as appropriate, in accordance with articles 63, paragraph 3 and 122, paragraph 8.
BOOK III Extraordinary ProceduresSECTION I
Procedure in time of warArt. 481. - In time of war, as far as possible, the trial shall follow the procedures and procedures set for the time of peace, except when the military authorities ordering the investigation of the case, in accordance with the requirements of the discipline or for reasons of urgency, resolve to print the proceedings of the summary trial.
Art. 482. – When peace-time procedures and procedures are not chosen, the trial in time of war shall be verbal and summary; and the meeting of the council shall be public, provided that it does not object to any of the cases referred to in article 371.
Art. 483. - When the military authorities or the corresponding chiefs are informed, by way of a complaint or by any other means, that a criminal offence has been committed of the competence of the military justice, they shall proceed provided that the President of the Nation has not created permanent or special courts for the forces in the campaign, the appointment of president, prosecutor, auditor if they do not have it adscribed, and secretary of the war council and, simultaneously with the appointment, they shall send the first, the party or the previous.
Art. 484. – Received that by the president the background and the appointments mentioned in the previous article will make in the act the communications necessary for their acceptance in form.
Art. 485. - If the reported record is likely, the existence of the crime, the name of the alleged accused and his apprehension, the accused shall be informed, without delay, of the right to appoint a defender. If he didn't, he'll be named on his own.
Art. 486. – Accepted the position of the defender, he will be summoned without delay, as well as the prosecutor and auditor, to the place that the president designates to witness the draw of vowels, as foreseen in Treaty I, for which purpose the list of skilled officers will be requested in advance.
Art. 487. - If there is a record that checks the existence of the offence, but not the person of the accused, the assisted president of the secretary, shall briefly and briefly proceed to the investigation of the person or persons who had committed it and to order his capture. With this, the proceedings indicated in the preceding articles shall be carried out.
Art. 488. - If the investigation proceedings do not result, the president will ex officio lift the cars to the authority or head that appointed him, so that she, after her auditor's hearing, may order the appropriate dismissal or provide what he considers appropriate.
Art. 489. – Constituted the council, in cases where the case proceeds, will be installed in the premises that the president designates, observing in his installation the provisions concerning the time of peace.
Art. 490. – Open the hearing, the president of the council will proceed:
1 To ratify in the presence of the ombudsman and the prosecutor, if they ask for it, all the substantial steps that, without the knowledge of the council, have been performed before its constitution;
2° To examine witnesses to testify, for which purpose the defence counsel and the prosecutor shall request that they be brought before them;
3° To name and quote experts, if necessary, to practice some expert recognition;
4° To make the accused present, an inquiring statement, in accordance with the applicable provisions of the procedure in time of peace. During the time when the defendant gives his statement, any of the council's vowels, as well as the defence counsel and the prosecutor, may ask him questions through the president, provided that he deems them relevant.
Art. 491. – As the defendant is declaring, the president will dictate to the secretary, in a loud and intelligible voice, the substance of the statement, and may accept comments on it, from any of the parties, before setting them definitively in writing.
Art. 492. – Written the statement, the secretary will read it, making it sign by the declarant. If he fails, does not know or does not want, it will be recorded, which will be ordered to withdraw from the hearing.
Art. 493. – The President shall examine the witnesses of charge and dismissal verbally, leaving written record only of the part of the statement he deems relevant and that of the prosecutor or the defender of the accused.
Art. 494. - With the same brevity, the wording of the outcome of the caregivers, when necessary, will be carried out in ordering and practising the provisions of the respective chapter. When the President deems it appropriate, he may, through the auditor, interrogate the accused or the witnesses and the careless and give the secretary the summary of the statements.
Art. 495. - All such proceedings shall be recorded in the same record, one after the other, in accordance with the order in which they have been practiced, and the testimony must be terminated when the president considers sufficient the one produced.
Art. 496. – When the expert test is necessary, the experts, or the expert in their case, will perform the recognition before the council and other officials present, and by verbally expiating their report, will accurately dictate to the secretary the substantial part of their conclusions, which they will sign. They will immediately withdraw from the hearing. If the expert review is necessary outside the courtroom, the president will give them a short time for their issuance, continuing the proceedings of the case.
Art. 497. – Definitely closed the trial proceedings, the president will order that they be made available by the secretary to the prosecutor and the defender, in order to organize the prosecution and the defence, setting for that purpose an improbable common time limit that does not exceed three hours, during which the meeting of the council will be suspended: the record of the trial proceedings will be closed, which will be signed by the president, the defender and the secretary.
Art. 498. – Accusation and defense will be oral and produced without delay, to which end those responsible for doing them will be able, during the hearing, to take notes of the test as they surrender. Upon expiration of the agreed deadline, the council will meet again, hear the charge and defence, and will be terminated and signed the relevant record, and the parties may dictate to the secretary the substance of their argument, in the form of separate subparagraphs.
Art. 499. – The president will then order to vacate the room, to formulate the issues in fact in the form of the peace time procedure.
Art. 500. – Continuing act in secret agreement, the discussion and resolution of the proposed issues and the application of the sentence, or the declaration of acquittal as appropriate, will be carried out, the corresponding sentence being released.
Art. 501. – The time limit for filing the appeals will be one hour, and deducted to the war council, the case will be granted, referring the case to the relevant military authority, which, after the auditor's hearing if he or she has it or an ad hoc auditor, in his case, will resolve without further action what is appropriate, sending in case of confirmation of the judgement, which it is executed.
Summary trial in time of peaceArt. 502. - Summary trials will take place only in time of peace, when immediate repression of a crime is necessary to maintain the moral, discipline and military spirit of the armed forces, and when it comes to serious crimes, such as treason, revolt, riot, looting, de facto paths against superiors, attack on guard and murder of sentinel.
Art. 503. – The procedure shall be the summary of the previous chapter and its application shall, according to the cases, or the permanent war councils or the specials, be in accordance with article 45, paragraph 3. Resources will be promoted to the Supreme Council.
Art. 504. – Before the Supreme Council, the procedure of the appeal will be the same as the previous section on which it is deducted for commanders in chief or independent divisionaries.
Art. 504 bis – When the summary judgment had been settled before the Supreme Council of the Armed Forces or other permanent war councils, the duration of the term of office of its members referred to in articles 14 and 23 of this Code shall be deemed extended until the completion of the case.
(Note Infoleg: By art. Decree-Law No. 7.098/1963 incorporated this article. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it is included. The text of Decree-Law 7.098/1963 can be consulted in our office. )Procedure before the police commissars of the armed forces
Art. 505. - The police commissars of the armed forces shall proceed in matters falling within their competence, at the request of the persons concerned, either in a higher order or in an ex officio manner. His procedure is verbal and actuated.
Art. 506. – Present the parties will make the presentation and petition, as well as plead in their defense what they deem necessary, and will produce the evidence by adding documents or bringing skilled witnesses to testify.
Art. 507. – Bear the parties, as indicated, the Commissioner shall issue a ruling, which shall be written in the corresponding record and immediately published by the secretary.
There will be no recourse from his judgment.
THIRD TREATYPENALITY
BOOK I Infrctions and general penaltiesPART I
Offences and offencesCHAPTER I
General provisionsArt. 508. – Any violation of military duties referred to in this code and other military laws is a military offence, which is not covered by the lack of discipline; and, moreover, any act punishable by the military authorities authorized to do so in time of war.
Art. 509. – Any violation of military duties is a lack of discipline, which the law or regulations repress with any of the penalties listed in article 549.
Art. 510. - The provisions of Book I of the Criminal Code shall apply to military crimes, as soon as their nature permits and do not oppose the requirements of this Code.
Art. 511. – The penal provisions of this Code shall also apply to military offences committed in foreign territory by individuals of the armed forces of the Nation.
Art. 512. - In cases of military jurisdiction, the courts shall not apply sentences on a conditional basis, except in cases of ordinary offences committed by reason or imprudence, in which case the court shall be obliged to order it or not.
CHAPTER II
ComplicityArt. 513. - In the offences of military jurisdiction, participation shall be considered and repressed in accordance with the rules of the Criminal Code, except in cases expressly provided for by this Code, for certain offences.
Art. 514. – When an offence has been committed for the execution of an order of service, the superior who has given it will be the sole responsible, and only the lower one will be considered an accomplice, when the order has been exceeded.
CHAPTER III
Attenuating, aggravating and exempting from liability in military crimesArt. 515. – These are causes of attenuation of responsibility, in cases of military crimes:
1 Execute heroic action after committing the crime, if it has taken place in time of war;
2° It has not been read or made known to the defendant the provisions of the military criminal laws to the individuals of the troops, prior to the commission of the act, and provided that the latter conforms to any provision of such laws;
3° Have the time of military service expired without the corresponding drop, except in the case of being in the campaign;
4° To deprive individuals of the armed forces, of the means necessary for subsistence, or of the garments of indispensable clothing, provided that the fact was not general and that the crime recognized this origin;
5° Be emphasized, in general, for his good conduct during the time he has remained in service and prior to the fact that he is judged;
6° To have worked for feelings of high moral or social value;
7° To have, before the trial, prevented, mitigated or repaired spontaneously and effectively the damaging or dangerous consequences of the act;
8° To have submitted to the authority and confessed, spontaneously, to be the author of the crime ignored or charged to another;
9° Having more than fourteen years, and less than eighteen.
The accused who, within this age, are excluded from the armed forces on the basis of the offence or punishment, shall be made available to the competent judges, for the purposes of articles 37 and 39 of the Criminal Code.
Art. 516. – It will be considered as mitigating de facto paths against the superior, irrespetuosity and insubordination, the circumstance of having been immediately preceded by an abuse of authority by the superior against whom they are committed.
In such cases and where the offence is concerned, it may apply to a minimum of the corresponding penalty, and even the immediate lower penalty, depending on the circumstances.
Art. 517. – Intoxication is not a cause of exemption or attenuation for the military, in the crimes of military jurisdiction.
Art. 518. – In the face of the enemy, no mitigating circumstances will be taken into consideration, in cases of treason, espionage, rebellion, desertion, de facto paths against the superior, irrespetuosity, insubordination and abandonment of the sentry post.
Art. 519. - These are cases of aggravation of military offences, except in cases where they had been taken into account by this law to set up or qualify the offence, the following circumstances:
1 to execute the offence in the act of the service of arms, or to the detriment thereof;
2° Eat it in the presence of formed troops, or public;
3° Commute him in front of the enemy, at times prior to combat, in combat or during withdrawal;
4° Commit him on board a ship, aircraft or war machine, on the guard or tank of weapons, ammunition, flammable, in the custody of a detainee or prisoner or in circumstances of danger;
5° Execute it in a group of two or more, in union or in the presence of subordinates, or have participation in the crimes thereof;
6° Commit him with abuse of his military status or his superior quality;
7th Eating it while performing independent command or command;
8° commit the offence in the person of the prisoner of war, or in his property, or in the persons or property of his family or servitude;
9th Commit to the word of honor, committed individually;
10. Make use of drugs or have deliberately drunk for the commission of the offence;
11. Execute the fact for fear of a personal danger;
12. To have broken pretrial detention or escaped in any state of the case; 13. To be reoffending.
Art. 520. – There is recidivism:
1 In the case of military offences, a new military offence is committed by the convicted person convicted of a final sentence, even if he has pardoned or commuted. This will not be taken into account:
(a) Sentence or convictions suffered before the age of eighteen;
(b) The previous sentence, when a time has elapsed from the sentence, will never exceed ten years.
2° In the case of faults, when the sanctioned commits a new lack of the same nature, within the term that for the statute of limitations establishes article 620 of this code.
Art. 521. – Whenever the court ' s discretion is to determine the portion of the sentence, it shall apply it to aggravate it as much as the hierarchy of which it must comply.
Art. 522. – An aggravation of the abuse of authority shall be regarded as the circumstance of having determined, with it, the commission of an offence by the lower.
Art. 523. - Except as provided for in article 517, the provisions of this chapter do not govern except in respect of military crimes, and in no case shall they apply to ordinary crimes or special offences, where they are within the jurisdiction of the military courts.
Art. 524. – The military is exempt from criminal liability in the cases of article 702 of this code, works in self-defence or necessarily has to resort to the means determined by that article, to suppress flagrant crimes of treason, rebellion, riot, de facto ways against the superior, irrespetuosity, insubordination or cowardice.
Art. 525. – What is prevented in the previous article is also applicable to sentries, safeguards or any staff on duty who, for the suppression of the offences therein, use their weapons, even if they are against their superiors.
CHAPTER IV
Conspiracy and propositionArt. 526. – Conspiracy and proposition to commit a crime are only punishable when the law expressly represses them,
Art. 527. – Conspiracy exists when two or more persons are held for the execution of the crime and resolve to execute it; and proposition when the person who has decided to commit it attempts to induce another or other persons to commit to its execution.
PenasCHAPTER I
Classification, duration and effectsArt. 528. - Military offences shall be repressed with the following penalties to be applied by the sentence of the war councils; 1 death, 2 imprisonment, 3 major prison, 4 minor prison, 5 degradation.
Art. 529. – The death penalty shall be effective in the manner prescribed by article 476 and the body shall be infused without any pomp.
Art. 530. – Whenever the death penalty is imposed with public degradation, the prisoner will be shot in the back.
Art. 531. – The term of imprisonment shall be carried out in establishments for the purpose of the executive branch, with compulsory work in a cell or insulated pavilions – according to the professional aptitude and state of health of the sentenced person – with individual cell segregation night and day, in the hours not intended for work or instruction, hygiene, and indispensable recreation.
Prisoners, when serving their sentences, in ordinary establishments, shall always be separated from those sentenced to major or minor imprisonment.
Art. 532. – The prison sentence consists of the detention of the offender in prison, fortress or ship intended exclusively for this purpose. The prison is more or less distinguished, producing, respectively, the effects indicated in articles 537 to 542.
Art. 533. – The penalty of degradation consists of the formal declaration that the offender is unworthy of carrying the weapons and wearing the uniform of the military of the Republic.
This declaration shall be made in public or in private, with the solemnities prescribed by the regulations.
Art. 534. – The penalty of imprisonment cannot be imposed for all life, but for a certain or undetermined number of years.
If the detention was for an undetermined time, the sentenced person who had already suffered twenty years of conviction, observed good conduct and given evident evidence of reform over the past ten years, shall have the right to request the release.
Art. 535. – Determined detention will vary between three and twenty-five years.
Art. 536. – The death penalty and the penalty of imprisonment will always lead to degradation, when imposed by violation of the common criminal law; but in military crimes, only when this code expressly determines it.
Art. 537. - The major prison shall last from two years and from one day to six years; it shall be carried out in the establishments or places specified in article 532, with compulsory work in workshops or penal colonies, according to the aptitude and preference of the prisoner, with individual night cell segregation.
Art. 538. – Imprisonment or prison sentences imposed on officers will always lead to dismissal.
Art. 539. - Sub-offices, classes and troops sentenced to imprisonment or major imprisonment, upon expiry of their sentence shall enter into the capacity of soldiers or their equivalents to a disciplinary body, to extinguish the time of military service that is mandatory in accordance with the respective organizational laws.
In the same body it must also extinguish the contracted personnel, their commitment to service, unless it is resolved by the corresponding military ministry to relieve the contract.
Art. 540. – The minor prison will last from one month to two years, and will lead as an accessory, with respect to officers, the suspension of employment for the same time as its duration.
During the end of the sentence, those sentenced to minor imprisonment shall be engaged in written or cartographic technical work, which contribute to their best professional preparation.
Art. 541. – Subofficials, classes and individuals of troops sentenced to minor imprisonment will fill, after their sentence is completed, the time of service they lack,
in the corresponding bodies or units. During the sentence, they will be engaged in useful work authorizing prison regulations.
Art. 542. – Officers serving custodial sentences will always be separated from the informal classes and troops.
Art. 543. – The degradation penalty produces the following effects:
1 Destitution;
2nd Absolute and perpetual disqualification;
3rd Prohibition of using decorations and receiving pensions or rewards for previous services.
Art. 544. – When degradation is imposed as a main penalty, it carries as an accessory the minor prison for the time the sentence signals.
Art. 545. – Whatever the length of penalties in this chapter, when they are imposed as accessory, they will last the main sentence, except as provided for in respect of degradation and dismissal by article 615, last paragraph.
Art. 546. - The penalties imposed on military personnel by the ordinary courts shall, in respect of convicted persons, produce the effects provided for in this code for the punishment of the same species, and those determined by the organic laws.
Art. 547. – Common penalties shall have the limits of duration provided for in the Criminal Code and shall be declared extinguished in accordance with the provisions of the Criminal Code.
Art. 548. - If the sentenced military finds himself in retirement or has the necessary services to obtain it, and for the purpose of the sentence it should lose that benefit, the debtors of the same with the right to a pension under the respective Organization Act shall receive the corresponding payment.
CHAPTER II
Classification, duration and effects of disciplinary sanctionsArt. 549. - Misdemeanours are repressed with the following disciplinary sanctions:
1 Destitution;
2° Suspension of employment;
3rd Arrest;
4° Suspension of command;
5th Appreciation;
6° Confidence;
7th Exclusion of service;
8° Class removal;
9° Suspension of officers and classes;
10. Recharge of service;
11. Skull;
12. Fajinas.
Art. 550. – Except as provided for in this chapter, the imposition of disciplinary sanctions shall be done in the form and extent of the regulations issued by the President of the Nation. They will also determine the class and portion of sanction to be imposed on each according to the category and degree within the hierarchical scale.
Art. 551. – Officers will not be subject to any other disciplinary sanctions than dismissal, suspension of employment, suspension of command, arrest and notice.
Art. 552. – The sanction of dismissal is applicable to any military and consists of:
1 Final loss of grade;
2° The descent of the armed forces.
The dismissal shall not be able to re-establish a military state but in compliance with the obligations of the military service which, as a citizen, corresponds to it;
3° The loss of all rights against the State by previous services.
This sanction shall be applied by the President of the former Summary Nation in cases that the Code establishes it and may not be imposed on the superior officers of the armed institutions, but by the judgment of the war council.
Destitution shall not apply to personnel of soldiers, and their equivalents, who are part of the armed forces in compliance with the compulsory military service.
(Note Infoleg: By art. 1 Decree No. 2.123/1986 B.O. 20/2/1987, it is delegated to the Chiefs of the General Staff of the Army, the Navy and the Air Force, the power of the National Executive, to apply to the Junior Military Staff the sanctions of dismissal, confinement and recharge of service, in accordance with the provisions of articles 552, 555 and 571 of the Military Justice Code. )
Art. 553. – The suspension of employment is applicable only to officers and consists of the temporary deprivation of the rights, privileges and honours of employment, except the right to receive half of the assets. To this end, the suspension of employment will be recorded in the journal lists. This penalty may not exceed one year or be less than one month, nor may it be imposed more than by decree of the President of the Nation through summary prevention.
(Article replaced by Article 1 of the Act No. 17.171 B.O. 24/2/1967.)
Art. 554. – The sanction of confinement is to provide services in the disciplinary bodies or in the units stationed on the islands, or border points of the Republic.
Art. 555. - The penalty of confinement shall be imposed only on non-officials, classes and individuals of troops, and its duration shall be four months to five years. This sanction shall be applied by the President of the former Summary Nation in the cases established in this Act.
(Note Infoleg: By art. 1 Decree No. 2.123/1986 B.O. 20/2/1987, it is delegated to the Chiefs of the General Staff of the Army, the Navy and the Air Force, the power of the National Executive, to apply to the Junior Military Staff the sanctions of dismissal, confinement and recharge of service, in accordance with the provisions of articles 552, 555 and 571 of the Military Justice Code. )
Art. 556. - In the period of time assigned to the penalty of confinement, it is not included that which was lacking the offender to fulfill his commitment or duty, which, once the penalty is fulfilled, must be filled in the same unit or disciplinary body and at the rate of one day of service in it, by two of those who lacked integration.
Art. 557. - Confinates will only receive half salary, during the end of the penalty. Except for this provision to those who serve in disciplinary bodies, their time of service, who will receive full pay.
Art. 558. – The power to impose arrest on the inferior is inherent in any military employment, within the terms that for each one, indicate the regulations decreed by the President of the Nation.
Art. 559. – The penalty of arrest consists of the simple detention of the arrested person, in private residence, warship, barracks or military establishment.
Art. 560. – When the arrest is carried out on a ship, barracks or military establishment, the military authority that ordered it may provide that the arrested person, if he is a sub-official, class or trooper, shall remain in custody on the guard, and if he is an official, in his own accommodation. It may also prohibit him from receiving visits when, in his view, that rigor was necessary for the effectiveness of the sanction.
Art. 561. – The sanction of arrest of officers always carries as an accessory the suspension of command for the time of its duration.
Art. 562. - Individuals of troops under arrest will be held in fajinas and, both of them and non-commissioned officers and classes, may be used for the service, when necessary in the opinion of the officer of whom they depend.
Art. 563. – The maximum penalty of arrest will be six months and the minimum of twenty-four hours.
Art. 564. – The suspension of command consists of the temporary deprivation of the part of command assigned to military employment.
Art. 565. – The suspension of command as a main sanction applies only to officers, and may not last longer than six months.
Art. 566. – When the suspension of command is imposed as the main penalty and for a longer period of one month, the affected person will receive only two thirds of the corresponding assets. To this end the suspension of command will be recorded on the journal lists.
(Article replaced by Article 2 of the Act No. 17.171 B.O. 24/2/1967.)
Art. 567. – The reduction prescribed by the previous article will not occur when the suspension is imposed for less than one month or when it is served as an accessory sanction.
(Article replaced by Article 1 of the Act No. 17.171 B.O. 24/2/1967.)
Art. 568. - The penalty of exclusion from service shall be applied only to non-officials, classes and troops and consists of the immediate downturn of ranks, with prohibition of re-entry and the absolute loss of all rights acquired as a member of the armed forces, except that of the computation of services for the purpose of obtaining the withdrawal, retirement, pension or montepio.
This sanction may only be applied by the President of the Nation or the Minister concerned, after information.
Art. 569. - The class removal penalty is to retrograde the sergeants and corporals or their equivalents, in one or more degrees, who shall continue to be appointed or as soldiers, if any, until the termination of their service commitment.
The removed, prior to the termination of the contract but after three months of the application of the penalty, may recover a degree, if the cause of the removal has not been of the utmost gravity.
Art. 570. - The penalty of suspension of non-official or class consists of temporarily depriving them of their functions and badges for a time not less than one month or more than six months. The suspended will only perceive half of their assets.
(Article replaced by Article 4 of the Act No. 17.171 B.O. 24/2/1967.)
Art. 571. – The surcharge of service consists of prolonging the stay in the ranks, for longer than that established by the law of recruitment or the commitment of services, if any.
This penalty shall not exceed two years and shall not be imposed without a resolution by the President of the Nation in each case, except as provided for in articles 719 and 721 of this Code.
In time of war, commanders in chief, armies or squadrons in operations, governors of strong positions and heads of independent command may dictate that resolution.
(Note Infoleg: By art. 1 Decree No. 2.123/1986 B.O. 20/2/1987, it is delegated to the Chiefs of the General Staff of the Army, the Navy and the Air Force, the power of the National Executive, to apply to the Junior Military Staff the sanctions of dismissal, confinement and recharge of service, in accordance with the provisions of articles 552, 555 and 571 of the Military Justice Code. )
Art. 572. – The penalty of a dungeon is to recluse the author of the fault.
This penalty may not exceed three months and the offender must be released on a daily basis for exercises and fajinas. The sub-officials and classes will only go out for exercises.
Art. 573. – The notice consists of the formal admonition to the military, being recorded in its service shed.
Art. 574. - The fajinas consist of the surcharge in the cleaning of the military barracks or establishment or in any other material work useful for the service: its duration may not exceed one month.
CHAPTER III
Implementation of sanctionsArt. 575. – No military tribunal or authority may increase or decrease sanctions, exceeding the maximum or the minimum of them, except as provided for in article 585; neither aggravate them nor mitigate them by substituting them with others, but in the terms and cases in which the laws authorize it.
Art. 576. – No violation can be repressed with sanctions not established by law before being committed.
If, by law after the offence, such a person is lost, the trial or conviction ceases in full.
If the criminal law of the time of the offence and subsequent offences are diverse, the law shall apply which contains more favourable provisions to the accused.
If the penalty has already been imposed by an enforceable sentence, it shall be replaced by the most benign one, in accordance with article 439 (4).
Art. 577. – No penalty may be applied by simple analogy, unless the law has established it, determining the provisions that will serve it.
Art. 578. – For the imposition of an accessory sanction, it is sufficient that it is established by law, without the express statement in the judgment being necessary.
Art. 579. - The court shall apply the penalty within the limits set by law, taking into account all the mitigating and aggravating circumstances provided for in Chapter III, Title I, Book I of this Treaty.
In the exercise of this attribution, the following should be considered:
1 The nature of the crime, according to:
(a) The seriousness of the harm or danger caused to the security or interests of the State or to the discipline of the armed forces;
(b) The species, means, object, time, place and all other mode of action.
2° The personality of the agent, according to:
(a) Your criminal record;
(b) Your conduct prior to the crime; and, your military record;
(c) The motives that led him to commit delinquency;
(d) Its individual, family and social living conditions.
Art. 580. – When this code imposes joint penalties, all of them shall be applied and subject to the rule of the previous article.
Art. 581. – When this code refers to the offence as an alternative penalty, the court shall apply which, in its opinion, is more appropriate to the case.
Art. 582. - If alternative sanctions were of various categories, i.e. a penalty of crime or disciplinary punishment, the latter could not be applied only by a court ruling.
Art. 583. – Where the death penalty is applied and circumstances are prevalent, the immediate lower sentence shall be applied; and where the appropriate sentence is for indeterminate detention for an undetermined period, imprisonment shall be applied for 12 to 25 years.
Art. 584. – No presumption, however vehement, will result in the imposition of the death penalty.
Art. 585. – The culprit of two or more infractions subject to military jurisdiction, which have not yet been tried, shall be liable to the penalty of the most serious offence, considering the others as a cause of aggravation.
In the event that, after a sentence imposed by war councils, the same person must be tried for new military crimes, and the convicted person is serving a custodial sentence, the new sentence shall proceed to unify all sentences, in which case the accused shall be liable, at a minimum, to a minimum, to a maximum extent, to the amount resulting from the accumulation of penalties for the various acts.
In the unification of penalties for military offences, such a sum may not exceed five years for the minor prison; twelve years for the greater prison; and twenty-five for detention.
At the request of the party, the penalties for ordinary offences tried by the military tribunals and by the ordinary shall be unified, and the court to whom the penalty is to be imposed by a single sentence must be handed down. In the case of equal penalties, unification must be requested by the court to judge the last act committed. In this case, the military courts shall proceed in accordance with the rule set out in the second paragraph of this article.
Any judgement of the military courts, in which the preceding provisions had not been observed, shall be null and void.
Penalties shall not be unified when specific military offences are committed with ordinary crimes, any court or some of them by ordinary courts.
Art. 586. – When the character of the accused cannot apply military sanction, it will be replaced as follows:
1 Military degradation imposed as the main penalty, imprisonment for up to four years and absolute and perpetual disqualification in all cases;
2° Destitution and confinement, by imprisonment, up to two years.
Art. 587. – In the case of ordinary offences, the war councils shall impose the penalties prescribed by the Criminal Code or the special law violated, except that the offence is repressed with a fine in which case it shall be replaced by a military arrest.
Art. 588. – Temporary penalties begin to run:
1 Those who are accompanied by degradation, since it is carried out;
2° The others, since the conviction has been pronounced, if the convicted person is deprived of his liberty, and from the time he is reduced to prison, when he is outside of it.
Art. 589. - In custodial sentences, the military tribunals shall pay tribute to the imprisonment and pretrial detention that the sentenced person has served, on the following scale: one day of pretrial detention is equivalent to one day of imprisonment or imprisonment, or two days of arrest or imprisonment, and one day of detention to one day of pretrial detention.
(Article replaced by Article 1 of the Act No. 22,971 B.O. 15/11/1983. Watch: from the thirty days of its publication in the Official Gazette.)
Art. 590. – Any conviction pronounced against an officer, officer, officer or class, for an offence consummated or attempted, for the sake of robbery, theft, scam, common or military defraudation, entails dismissal.
Art. 591. – The application of punishment to the assimilated will be done according to the employment referred to in assimilation.
Art. 592. – When pointing to the penalty of a crime, this code is generically designated, it may be applied in its various forms or modalities, according to the circumstances of the case, appreciated by the court.
CHAPTER IV
Extinction of criminal action and disciplinary actionArt. 593. – Criminal action is extinguished:
1 For the death of the accused;
2° By amnesty;
3° By statute;
4° By sentence, irrevocable or definitive dismissal.
Art. 594. – The causes of extinction set forth in the previous article may be alleged in any state of the process.
Art. 595. – The death of the accused extinguishes the action only in terms of corporal punishment.
Art. 596. – The amnesty extinguishes the action, with the scope set out in Article 478. If the accused are detained, they shall be released.
Art. 597. – By the limitation of the action the right to proceed against those responsible is also extinguished.
Art. 598. – The statute of limitations is personal: it runs in favor and against everyone and for it is sufficient the simple course of the time indicated, except as provided in the last part of Article 114.
Art. 599. – The terms of the prescription must be continuous; they will be told, in them, the day they begin and the day they conclude.
Art. 600. – Criminal action is prescribed:
1 For the course of twenty years, if the offence is punished with the death penalty;
2° For the course of fifteen years, if the offence is reprimanded for undetermined time;
3° For the course of ten years, if the corresponding penalty was imprisonment for a specified time or degradation as a main penalty;
4° For the course of six years, if repressed with a term of imprisonment;
5° For the course of four years, in all other cases of military crimes.
Art. 601. – In ordinary offences criminal proceedings are prescribed according to the time limits set by the Criminal Code or the special law, if any.
Art. 602. - In cases of repressed offences with an alternative penalty, for the purposes of the statute of limitations the time limit for the most serious penalty shall be required.
Art. 603. – The deadlines set in Article 600 begin to run:
1 For the consummated crimes, from the day they were committed;
2° For the attempted or frustrated offence, from the day the last act of execution was committed, the same as for the proposition or conspiracy, when they are punishable;
3° For continuing crimes, from the day the last act was committed;
4° For desertions, such a deadline will begin to run from the day on which it is reported consumed.
Art. 604. – The commission of a new offence interrupts the statute of limitations of criminal proceedings in respect of its author.
Art. 605. – Pronunciada una sentencia irrevocable, sea condenatoria o aglaria, no se puede intento de nuevo la acción penal por el mismo hecho, contra la mismo persona.
Art. 606. - The sentence handed down in a proceeding against any of the perpetrators of an offence shall not harm the other perpetrators who are not tried when convicted, but the acquittal will take advantage of them if they had the same grounds for extinction of criminal proceedings that served as the basis for acquittal.
Art. 607. – The action to punish disciplinary offences is extinguished:
1 For the death of the offender;
2° By statute, for the course of one year; except that there is destitution, exclusion of service, class removal, confinement or surcharge of service, in which cases the time limit of Article 600 (5) shall apply.
The deadlines referred to in this article shall begin to be met in accordance with article 603.
Art. 608. – The limitation of military disciplinary action is only interrupted:
1 The application of disciplinary punishment, even if it is resorted to;
2° By the commission of a new fault, of the same nature.
CHAPTER V
Extinction of penalties and disciplinary sanctionsArt. 609. – The penalty is extinguished by the same means as article 593 and also:
1 By pardon;
2° By switching;
3° For serving the sentence.
Art. 610. – The death of the convicted person extinguishes the corporal punishment.
Art. 611. – Amnesty exempts the penalty and all its effects, in accordance with article 478.
Art. 612. – The pardon refers the penalty to the conviction and extinguishment of its effects, except as provided for in article 480.
Art. 613. – Commutation imports the remission of the sentence established in the sentence and its replacement by the one designated in the resolution that agrees to it.
Art. 614. – The limitation of a sentence extinguishes the right to demand its execution and to switch it to another.
Art. 615. – The following rules shall be observed for the limitation of penalties:
1 The death penalty is prescribed for the course of thirty years, and is conmuta de plena derecho en la de detención indeterminada, por el curso de cinco años;
2° Indeterminate imprisonment is prescribed at twenty-five years;
3° The term of imprisonment for a specified time is prescribed at 15 years;
4° The largest prison is prescribed at eight years;
5° Other custodial sentences, for a time equal to that of conviction.
Those to whom the penalty of degradation has been applied may not be rehabilitated, but by express provision of a law.
Art. 616. - The terms for the statute of limitations begin to run from the day the sentence is final, or if the sentence has begun to be enforced, from the day the execution is interrupted.
Art. 617. – The statute of limitations is interrupted:
1 Under article 604 for criminal proceedings;
2° For the voluntary presentation of the convicted person or for his apprehension.
Art. 618. - The provisions relating to the statute of limitations of criminal proceedings are applicable to the statute of limitations insofar as they do not object to those of the preceding articles.
Penalties for ordinary offences are prescribed in accordance with the time limits set for this purpose in the Criminal Code.
Art. 619. - Disciplinary sanctions are waived:
1 For the death of the sanctioned;
2° By decision of competent military authority;
3° By prescription.
Art. 620. – The statute of limitations for disciplinary sanctions is operated for the course of one year, except as provided for in article 607, paragraph 2.
BOOK II Military violations in particularPART I
Offences against loyalty to the NationCHAPTER I
TraditionArt. 621. - Individuals of the armed forces who commit the crime of treason defined by the National Constitution shall be sentenced to public degradation and death:
1 If they have endangered the independence or integrity of the Republic or caused serious and irreparable damage to its military forces;
2° If they have prevented a war operation from producing the results it should produce.
Where the act of treason does not produce the effects indicated in the preceding paragraphs, the penalty shall be imprisonment for undetermined time and public degradation.
Art. 622. – In particular, acts of treason are considered:
1 Making weapons against the Nation, militating under the banners of their enemies;
2nd Facilitate the enemy to enter national territory, the progress of their weapons, or the taking of a position, military port, State vessel, airport, air base, aircraft, war machine and other such, warehouse, baggage, telecommunications elements and other important resources;
3rd Provide the enemy with direct means of harassing the Nation;
4° Destroy and disable for the benefit of the enemy, roads, telecommunications elements, lighthouses, traffic lights, signal equipment, bells that hazard or direction, torpedo or mine lines, aeronautics infrastructure elements, all or important part of a war material, arms spare parts, ammunition, gears or other objects of armed forces material;
5° Stop fully or partially complying with an official order, or alter it in an arbitrary manner, to benefit the enemy;
6° maliciously give false news or omit the exact, concerning the enemy, when it was their duty to transmit them;
7th Communicate to the enemy news of the state of the armed forces or their allies;
8th To make known to the saints, signs and passwords, military or political orders and secrets entrusted to him, plans fortifications, arsenals, war squares, ports or rades, airports, air bases, explanations of signals or states of forces, the situation of the mines, torpedoes or their stations or the passage or channel between the lines of these;
9° Recruiting people within or outside the national territory for an enemy power;
10. Seduce the troops of the Nation to enlarge the ranks of the enemy country;
11. Provoking the escape or deterring the gathering of disbanded troops in the presence of the enemy;
12. Up, down, down or down to the national flag without the command of the head on the occasion of the fight, or in any way prevent the combat or aid of national or allied forces;
13. Desert into enemy rows;
14. To guide the enemy for a military operation against troops, vessels or Argentine or allied aircraft, or by being a guide to Argentine troops, vessels or aircraft or allies, to deflect them in a way that they intended to follow;
15. intentionally disclose news that infuse panic, discouragement or disorder in the national or allied armed forces;
16. Prevent national or allied forces from receiving in time of war the aid or news sent to them;
17. Release prisoners of war in order to enlarge the enemy ranks;
18. Hide, conceal or put a spy or agent of the enemy country in safety, knowing his condition;
19. Maintain directly, or through third party, correspondence with the enemy, which relates to the service or operations entrusted to the national forces, if they have not received the orderly effect of the superior of the dependent. This case also includes any other person accompanying or serving in the armed forces.
Art. 623. – In any act of treason, the foiled crime will be repressed with imprisonment for six to fifteen years and public degradation.
Conspiracy and proposition will be repressed, respectively, with imprisonment for five to ten years and with imprisonment for three to six years. In both cases degradation will be imposed.
Art. 624. – The military who has knowledge of an act of betrayal in time to avoid it, and does not try to prevent it or, in case of impossibility, not immediately part, will be repressed as an accomplice.
Art. 625. – The complicated offence of treason that reveals it is exempt from punishment before it begins to run and in time to avoid its consequences.
CHAPTER II
Instigation to commit hostile actsArt. 626. – He will be repressed with degradation and imprisonment of ten to twenty-five years, the military who instigates a foreign power to make war against the Nation. If war has an effect, the penalty will be degradation and death.
Art. 627. – He will be repressed with degradation, and imprisonment of ten to twenty years or greater imprisonment, the military who instigates a foreign power to perform hostile acts against the Nation. If hostile acts take place, the penalty shall be degradation, and imprisonment from fifteen to twenty-five years; and if, as a result of such acts, war prevails or havocs, devastation, or death of persons, the penalty shall be degradation and death.
Art. 628. – He will be repressed with degradation and imprisonment for undetermined time, the military who has intelligence with a foreign power, in order to favor his military operations in the case of war with the Nation.
CHAPTER III
Espionage and disclosure of secrets concerning national defenceArt. 629. – A crime of espionage commits every individual who under disguise, with a false pretext, or in any hidden or sigilous way, penetrates to the war squares, ships, aircraft, arsenals, military ports, air bases, camps, columns in march, etc., in order to make recognitions, raise chrome, make plans and collect in general, all information and news that may be useful to the enemy or serve a foreign power.
If the agent is an Argentine citizen or military, the offence will be repressed with the penalty of betrayal.
Art. 630. – They are not considered perpetrators of this crime:
1 The enemy military who manifestly execute and in their uniform, any of the acts referred to in the preceding article;
2° Posts or other persons who openly fulfill their mission without entering into the designated places, transmit news to the enemy;
3° The military or enemy observers who, without disguise in their uniform or on the aircraft or machines in which they are transferred, recognize the positions of the armed forces or cross their lines for any purpose.
Art. 631. - Persons referred to in the previous article, or others in similar conditions, shall, however, be subject to the laws of war prescribed by international law.
Art. 632. – The spies, in time of war, will be repressed with death penalty or imprisonment for undetermined time, according to the character of the crime and gravity of the facts; in time of peace, with imprisonment for eight to twelve years.
Art. 633. – The proposition to commit the crime of espionage will be repressed with imprisonment.
Art. 634. – It will be repressed with imprisonment, which without the purpose of serving a foreign power, reveals data related to the force, preparation or military defense of the Nation, which should remain secrets or allow other people to come to know them.
Art. 635. – It will be repressed with imprisonment for up to four years, which without the purpose of serving a foreign power, will seek, without due authorization, data related to the force, preparation or military defense of the Nation, which must remain secrets.
Art. 636. – It will be repressed with imprisonment for up to four years, which without the proper authorization will practice recognitions, raise plans, take chrome or take photographs or film films, of things or places that interest the national defense.
Art. 637. – He will be imprisoned for up to three years;
1 Anyone who enters clandestinely or with deceit in places, whom for reasons of national defence, is not authorized to enter;
2° He who is surprised, in such places or in their proximity or in aircraft, in unjustified possession of suitable means to commit the offence provided for in the preceding article.
CHAPTER IV
Offences affecting international relations of the NationArt. 638. – The commanding officer, who has verified, without necessity, hostile acts not or authorized by the government, exposing the Nation to a declaration of war, will be repressed with imprisonment of eight to fifteen years.
The penalty shall be imprisonment for undetermined time or death, if the aforementioned hostilities have consisted of an armed attack on ships, aircraft, troops or subjects of an allied or neutral nation, or if war has been declared, or there has been a fire, devastation, or death of any person, or harm has been caused to war operations, or endangered by the forces of the Nation.
Art. 639. – The commanding officer who, for having practiced without necessity some acts not authorized or ordered by the government, gave way to them that any person who is under the protection of the laws of the State suffers reprisals, will be repressed with a greater prison, and if there has been provocation, the penalty shall be a minor prison, attentive to the circumstances.
If the arbitrary acts in question had not resulted in reprisals, the penalty would be less than one year ' s imprisonment.
Art. 640. - The military without command who incurs any of the facts referred to in the preceding articles shall be repressed with the penalties specified in the same, diminished from one third to half; if the penalty is death, it shall be replaced by that of imprisonment for an undetermined time and if it were the latter, by imprisonment for twenty-five years.
Art. 641. – He will be repressed with degradation and death or imprisonment for undetermined time or major imprisonment, the military who, with abuse of his status as such or using force, ship or military aircraft, commits acts of piracy.
Offences against public authorities and constitutional orderCHAPTER I
RebellionArt. 642. – They commit military rebellion, members of the armed forces who promote, assist or sustain any armed movement to alter the constitutional order or to prevent or hinder the exercise of the government in any of its powers.
Art. 643. – Those guilty of military rebellion against the foreign enemy will be repressed:
1 With the death penalty and degradation of the promoters and leaders with superior command in the rebellion and the superiors of them who participate in it, as well as those who use the forces in their command to rebel and adhere to the movement, when there is no immediate relationship of dependence on the leaders of the forces who have already pleaded with the rebellion.
2° With indeterminate detention for an undetermined period, officers who, outside the cases provided for in the preceding paragraph, participate in any form in the rebellion;
3° With imprisonment for up to 12 years or imprisonment, non-commissioned officers, classes and troops, not covered by sub-paragraph 1 above.
Art. 644. - If the rebellion occurs in the face of the rebel enemy, the penalties shall be: imprisonment for undetermined time, for those covered by subparagraph 1 of the preceding article; eight to fifteen years ' imprisonment for those covered by subparagraph 2; and imprisonment for those covered by subparagraph 3rd.
Art. 645. - In all other cases of military rebellion, the penalty shall be eight to fifteen years ' imprisonment for those covered by article 643, paragraph 1, three to eight years ' imprisonment for those covered by subparagraph 2 and imprisonment for those covered by paragraph 3.
Art. 646. - If the rebels voluntarily desist or surrender before hostilities, they will be repressed as follows:
In the cases of article 643, with imprisonment for more than three to six years and destitution, those covered by paragraph 1; imprisonment for more than two to three years and destitution, those covered by paragraph 2; and, with minor imprisonment, those covered by paragraph 3.
In the cases of article 644, the penalties shall be: imprisonment for a period of two to three years and dismissal for those covered by paragraph 1; imprisonment for minor and dismissal for those covered by paragraph 2; and imprisonment for a period of up to six months for those covered by paragraph 3.
In the cases of article 645, the following shall be repressed: with minor imprisonment and dismissal, to those covered by paragraph 1; with imprisonment for up to one year and dismissal, to those covered by paragraph 2; and with imprisonment for less than six months and exclusion from service, to those covered by paragraph 3.
Art. 647. - Conspiracy and proposition shall be repressed: in the officers, with imprisonment and dismissal: in the sub-offices and classes, with minor imprisonment and dismissal, and in the troop, with confinement.
The propaganda that incites rebellion, by any means, in barracks, ships, air bases or military establishments, will be judged as a proposition.
If the perpetrators were civilians, they would be sentenced to imprisonment from six months to two years.
Art. 648. – Those who participate in any degree in the conspiracy or proposition are exempted from punishment, they denounce it at a time when the authority is not yet on notice, before the commission of the offence and in time to prevent it from taking effect.
Art. 649. – If any other offence of a common or military nature is committed during the rebellion or in order to reach it, the most serious penalty shall be applied to the rebel, with the aggravations to which there is room.
Art. 650. – The officer who witness the rebellion of a military force and does not put all the means at his disposal to avoid it, will be repressed with lower prison and dismissal.
Art. 651. - In the cases of the previous article, the sub-officials and classes that have the command of a detachment, retain, advanced, etcetera, which is rebelled, shall be repressed with minor prison and dismissal.
Art. 652. – As the rebellion continues, the military participating in it is deprived of the authority and prerogatives inherent in its degree.
CHAPTER II
Offences against the constitutional regimeArt. 653. – He will be repressed with dismissal, imprisonment or imprisonment for up to six years, the military who will carry out activities aimed at preconstituting or disseminating doctrines or systems through which, by the use of violence, he intends to suppress or change the National Constitution, or any of the basic principles enshrined in it.
Art. 654. – It will be repressed with the penalty set out in the preceding article, the military that organizes, constitutes, or directs an association or entity that has the object, visible or hidden, to achieve the purposes specified in that article.
Art. 655. – He will be repressed with dismissal and imprisonment from six months to three years, the military member of any of the associations or entities referred to in the preceding article.
Offences against disciplineCHAPTER I
Ways in fact against the superiorArt. 656. – A term of death or imprisonment shall be imposed for an undetermined period of time on the military who faces the enemy or in front of a troop consisting of weapons, attack, with or without weapons, on a superior, even if he suffers no harm.
Art. 657. – The military who, in the act of service of weapons or on the occasion of it, abuses the superior, causing death or serious injury, shall be punished with the death penalty or imprisonment for undetermined time. If the attack is verified with the use of weapons or other offensive instrument, it will be repressed with imprisonment for a specified time or imprisonment, if it is not harm to the superior or only causes minor injuries.
Art. 658. – Outside of the cases covered by the two previous articles, the military who abuses a superior from work or causes him injuries by other means, will be punished by imprisonment.
In all cases of the preceding paragraph, the death penalty or imprisonment for indeterminate time shall be imposed, where the death of the superior results, and the imprisonment for up to 10 years, if he is seriously injured.
Art. 659. - Any person who puts an offensive weapon or performs acts or demonstrations with a tendency to offend a superior, without attacking him, shall be repressed with a term of imprisonment for a specified time or a term of imprisonment for a greater period of time, in the case of article 656 and in the case of imprisonment for articles 657 and 658.
Art. 660. - If the abuse of work to the superior has a place for having been the less offended in his honor as a husband, father or brother, the penalties of the Criminal Code shall be imposed, according to the nature of the act committed.
Art. 661. – When the author of any of the facts provided for in articles 657 and 658, he would have employed a means that could not reasonably cause the death of the offender, the death penalty shall be replaced by the imprisonment for an undetermined period of time, and the offender shall be replaced by imprisonment for six to twenty years.
Art. 662. – The military, who, without incurring any of the facts provided for in this chapter, with physical violence or intimidation, forces a superior to execute or omit any act of service, shall be punished with imprisonment for up to 12 years or imprisonment. In time of war, the penalty shall be imprisonment, imprisonment or death.
CHAPTER II
IrrespectArt. 663. – The military who, in acts of the service of weapons or on occasion of it, or in the presence of troops formed, agraviare, threatening, injuriare or otherwise disrespect the superior, with words, writings, drawings or inconveniences, will be repressed with imprisonment.
In time of war against the enemy, the penalty shall be death or imprisonment.
Art. 664. – The military who in the other acts of the service commits, in time of peace, the facts referred to in the preceding article, shall be punished by imprisonment for up to four years, and imprisonment, if he has committed them in time of war.
Art. 665. – The military who commits the facts referred to in article 663, outside acts of service, shall at all times be subject to minor imprisonment, dismissal or other disciplinary sanction.
Art. 666. - A military officer who commits deeds or acts of disrespect against a superior who does not have uniform views or does not have a distinction of his or her degree, nor is he recognized as a superior, shall be tried in accordance with the provisions of the Criminal Code for the offence which he or she has committed, unless it is ascertained that he or she knew it, in which case the penalties established by this Code apply.
CHAPTER III
InsubordinationArt. 667. – He will be repressed with imprisonment for up to four years or with disciplinary sanction the military who does ostensible resistance or expressly refuses obedience to an order of service that is given to him by a superior.
If the act is committed against the enemy, the penalty shall be death or imprisonment for undetermined time.
The penalty shall be imprisonment for up to 10 years if it is produced in training or in the act of the arms service or on the occasion of the service.
Art. 668. - If the facts provided for in the preceding article occur in circumstances of imminent danger, such as fire, shipwreck or other similar, the penalty shall be imprisonment for a period of up to twelve years.
Art. 668 bis – In the cases of the two previous articles in which the court imposes imprisonment or imprisonment, it may also apply the perpetual absolute disqualification when the authors disclose a generic position of rebellion in the performance of duties inherent to nationality. When absolute permanent disqualification is applied, the sentence will entail dismissal for the staff of the permanent category; in the same situation, the staff of conscripts will lose all the rights that they have against the State for services rendered as individuals of the Armed Forces.
(Article 1 of the Act No. 21.528 B.O. 23/11/1977.)
(Article replaced by Article 1 of the Act No. 22,100 B.O. 12/11/1979.)
Art. 669. - Individuals or persons without a character or military assimilation who, on a ship, barracks or military establishment, go on de facto paths against the staff in service, shall be punished by imprisonment for one to five years, unless they have committed a more serious offence. If the threat or offense is of a word, they will be repressed with four to eight months of the same penalty.
In the same way, the individual who offends a military man in the presence of a troop of his or her command or of a troop formed shall incur.
CHAPTER IV
Insults to sentries, safeguards or armed forceArt. 670. – The military who commits, with weapons, any violence against sentries or safeguards, shall be sentenced to imprisonment for three to eight years.
If violence is done without weapons, he will be sentenced to imprisonment.
If these same acts occur in time of war, the penalty shall be death or imprisonment for undetermined time in the first case, and imprisonment for five to fifteen years in the second case.
Art. 671. – In the same penalties as the previous article, the military who resists acts of violence to a patrol that proceeds in compliance with a slogan.
The individual or person without a military character, who executes the facts referred to in this article and the former, shall be punished by imprisonment for two to four years, in time of peace; and, with imprisonment for five to fifteen years, provided that this is not a more serious offence.
Art. 672. – The military who threatens or offends a sentry or safeguard, will be sentenced to minor imprisonment, if it is official, and to confinement for up to two years, if it is unofficial, class or trooper.
Art. 673. – Sentinel, for the purposes of this chapter, is considered to be sentinel to those responsible for military communications and imaginary services within the ship, barracks or military establishment. It is also considered as an armed force, the military responsible for the conduct of orders or folds.
CHAPTER V
DisobedienceArt. 674. – Military incurs disobedience that, without refusing obedience in an ostensible or express way, it ceases to fulfill, without justified cause, an order of service.
Art. 675. – No claim is waived from obedience or suspends compliance with a military service order.
Art. 676. - If disobedience had caused damage or disruption in the service, it would be repressed with arrest and suspension of employment, or with dismissal or with minor imprisonment; and if with the same characters it would be carried out against the enemy, the penalty would be imprisonment for more than three to six years, as was the importance of the damage caused.
Art. 677. – Indetermined detention or death shall be imposed when disobedience has been caused:
1 That a war operation is wrong;
2° Of the loss or defeat of the forces of the armed institutions; of the surrender of a strong place; of the apprehension or destruction, in time of war, of a convoy of wounded, weapons, ammunition, supplies and other elements and war gears.
Art. 678. – The same penalties shall apply in the previous article, provided that disobedience has in any way favored the operations or plans of the enemy.
Art. 679. – He will be found guilty of disobedience and repressed with disciplinary sanctions the military who, required by a civil authority agent to contribute to the arrest of a person, does not lend the contest requested.
Art. 680. – The military who breaks his arrest will be sentenced to a minor prison.
Art. 681. – The military who contradicts marriage by contravening the organic laws or regulations shall be repressed with dismissal or suspension of employment not less than six months if it is official and with dismissal or class removal if it is sub-official or class.
Art. 682. – Prison, dismissal, or suspension of employment shall be imposed according to the seriousness of the case and without prejudice to the other legal responsibilities, to the military who accepts charges, pensions or honours of foreign governments, without the permission of the competent authority, as well as to the one who uses in his military uniform decorations that are not authorized by the laws or regulations.
CHAPTER VI
MotínArt. 683. – Involve in riot the military who, together, in number of four or more, commits de facto paths against the superior, disrespect or insubordination and, in general, those who collectively adopt a hostile or tumultuous attitude towards the command.
Art. 684. – In particular, the perpetrators of this crime are considered to be the military who, in the number expressed in the previous article, perform the following acts:
1 Claim or petition the superior tumultuously;
2° Reclamar or petition verbally and collectively attributing in express or tacit form the representation of an armed force;
3° To take the weapons arbitrarily disobeying the orders of their superiors to depose them;
4° Delivering to disorders or excesses, using weapons and dismissing the intimation of their chiefs when they send them back to order.
Art. 685. – The perpetrators of riots will be considered by the military who, in number of four or more, are removed from an obligation or order of service, in the presence of the superior, who reiterates it.
Art. 686. - The promoters of the riot, the chiefs and officers who are more or older than the latter, who participate in the crime, shall be sentenced to death or imprisonment for undetermined time in the following cases:
1 When the riot causes bloodshed;
2° When it takes place in front of the enemy.
3° When it violates the existence of a military force, or seriously commits a war operation.
In the cases of the preceding subparagraphs, the other parties to the offence shall be sentenced to imprisonment for a specified time.
Art. 687. - In all other cases, not covered by the previous article, the promoters, heads and officers of the highest or seniority, shall be sentenced to imprisonment for five to twenty-five years. The rest of the participants in the riot will be sentenced to imprisonment.
Art. 688. – The military who, without known lawful object and without competent authority, takes out armed force from a position, detachment, barracks, base or vessel, shall be repressed with minor prison or disciplinary sanction.
Art. 689. – He will be repressed as a promoter of the riot, the military who being the assembled troop, raise the voice in subversive sense or incite in any way the commission of crime.
When the author or authors of the voice cannot be discovered, the unity or fraction of which he has left shall be fifthed.
The fifth shall be repressed with imprisonment, dismissal or other disciplinary sanction, depending on the seriousness and circumstances of the case. Those who denounce the true culprit, before being fifthed, shall be exempt from punishment, without prejudice to the responsibilities incurred by the perpetrator of the act.
Art. 690. – It will be repressed with the same penalties of the previous article, the military who, being formed the picture in which a convicted person should be executed, raise his voice asking for grace.
This statute of limitations shall be read or spoken out by the chief who commands the execution.
Art. 691. - The promoters, initiators or directors of the riot, shall be considered co-authors of any offence which, on or on the occasion of the riot, commits any of the participants, unless they do as much as they were within their power to avoid it.
Art. 692. – He will be repressed with imprisonment or with imprisonment, the officer who will witness a riot and will not use all means at his disposal to contain and dominate him. In the same case, a minor prison sentence shall be applied to non-commissioned officers and classes, or for one to three years.
Art. 693. - Individuals or persons without military character or assimilation, who incite or promote riot, shall be sentenced to imprisonment for up to six years.
In the cases of article 686, they shall be sentenced to imprisonment for three to eight years.
Art. 694. – Conspiracy and proposition for the riot will be repressed by imposing: imprisonment or imprisonment for the officers; minor imprisonment and dismissal for the officers and classes; and confinement to the troops.
Art. 695. – As long as the riot continues, the soldiers who participate in it are deprived, with respect to the subordinates and subordinates, of the authority and prerogatives inherent in their function and degree.
Art. 696. – Those who, participating with any degree in the conspiracy, are exempted from punishment at the time that the authority is not yet on notice, before the commission of the crime begins and in time to prevent it from taking effect.
CHAPTER VII
UploadArt. 697. – He will be repressed with imprisonment for up to twenty years by the military who rises against his superiors using the force, ship or aircraft of his command, provided that he does not commit a more serious offence.
Art. 698. – While the uprising remains, the head of the uprising is deprived of the authority and prerogatives inherent in his function and degree in respect of his subordinates and subordinates.
Art. 699. – The military will be repressed with imprisonment, having the means to contain or dominate a revolt, does not employ them.
CHAPTER VIII
Political or subversive activitiesArt. 700. – The military, who, while in active service, participates ostensibly in political activities not authorized by laws or regulations, or when in public meetings or by the press comment on a party or electoral nature, will be repressed with disciplinary sanctions, or dismissal.
Art. 701. – He will be repressed with minor prison and dismissal, the military who will carry out activities to provoke in other military personnel discontented by the regime or obligations of military service.
Offences in the performance of chargesCHAPTER I
Abuse of authorityArt. 702. – A military person who is arbitrarily exempted in the exercise of his or her duties by harming an inferior, or who mistreats him prevalent from his or her authority, shall be repressed with disciplinary sanction or imprisonment, provided that the offence does not result in a more serious offence, in which case, the penalty to which he or she is liable shall apply.
If the act occurs as the lower in arms training, the penalty shall be confinement, dismissal or imprisonment.
Art. 703. – Any military who, using the authority that invises, exerts influence or puts pressure on officials, judges or tribunals to violate the law for the benefit or injury of a defendant, shall be repressed with suspension of employment or with dismissal.
Art. 704. – He will be repressed with minor prison, dismissal or other disciplinary sanction, the military who slander or insult a subordinate.
CHAPTER II
Usurpación de mandoArt. 705. – A military officer who assumes or retains a command without authorization shall be sentenced to minor imprisonment.
If the fact occurred in time of war, he will be sentenced to major prison.
Art. 706. – The military who, without a clear need, initiates or undertakes without order a war operation with the troops at his command, shall be sentenced to a major prison, or to imprisonment for four to eight years.
If he has endangered armed forces or caused serious harm to war operations, he shall be sentenced to imprisonment for undetermined time or death.
Art. 707. – He will be repressed with minor imprisonment, dismissal or other disciplinary sanction, the military who in the exercise of his or her duties employs or makes use without legitimate motive, against any person, unnecessary violence to carry out his or her duties, provided that he has not committed a more serious offence.
Offences against serviceCHAPTER I
Abandonment of serviceArt. 708. – A soldier who is not in his position for the performance of any of the acts of service and who does not properly justify his absence, will be punished with disciplinary sanction. If the fact has a place in time of war, it will be repressed with prison.
Art. 709. – It will incur the same penalties as the previous article, the officer who has requested his termination to leave the service before it has been granted and communicated.
Art. 710. – The abandonment of service is considered to be committed, when the person who is presiding is separated from his post at a distance that makes it impossible for him to exercise due vigilance or to comply with the service orders he or she must provide.
Art. 711. – If the abandonment of service takes place in combat against the enemy or in circumstances such as endangering the security of the armed forces, the penalty shall be imprisonment, imprisonment or death.
Art. 712. – The military who leaves the prisoner escort in time of war shall be sentenced to imprisonment or imprisonment for up to ten years; if he abandons the arms or ammunition escort, the penalty shall be imprisonment for up to fifteen years.
CHAPTER II
Abandonment of destination or residenceArt. 713. – Officers are abandoned:
1 When three continuous days are lacking from the place of their destination or residence, without superior authorization;
2° When they do not present themselves to the superior of whom they depend, forty-eight hours after their temporary leave expires;
3° When they do not reach the point of their destiny; return after a march or deviate from the waste that was pointed out in their passport as indispensable, doing so without order or without reason justified;
4° When the forces to which they belong are in operation, they remain in the populations without the corresponding permit, or on the pretext of illness or ill-treatment, or on other grounds that are not legitimate;
5° When they have received a marching order and do not undertake it, after forty-eight hours, without legitimate impediment or without permission from the corresponding military authority;
6° When they regain their liberty as prisoners of war and do not present themselves, without justified cause, to any military authority of the Republic within five days.
If they are found in foreign territory, the five days have been counted since they had the opportunity or the means of presenting themselves to the authority referred to in the preceding paragraph.
Art. 714. – The deadline set out in paragraph 6 of the previous article may be reduced in time of war by resolution of the President of the Nation or by the bands of the commanders in chief.
Art. 715. – The penalty of abandonment of destination will be: in time of peace apprehension or arrest up to two months; when the abandonment of destination exceeds fifteen days, the penalty will be destitution. In time of war the penalty shall be imprisonment, dismissal or other disciplinary punishment, depending on the circumstances of each case.
CHAPTER III
I DesertArt. 716. – They consummate desertion, unless they commit a more serious infringement, sub-officials, classes or troops:
1 When the unity of their destiny or place established by superiority as of their residence is missing, for more than five consecutive days, they shall be deemed to have passed five nights, since the absence occurred;
2° When after three days of the unity of their destiny or place fixed by superiority as of their residence, they are outside those places and at a distance that avoids their purpose of leaving the ranks;
3° In the event of the use of a licence or pursuant to a service commission, the time limit set, within the term set out in paragraph 1 shall not be submitted or placed in the situation provided for in paragraph 2;
4° When disguised, hidden, or with supposed name or quality, on board vessels, aircraft, or other means of transport ready to leave and skilled to consume desertion;
5° When the forces to which they belong, or when the ship is disposed to, or to decolate the aircraft from which they are part, are not incorporated into them in time, or remain on land, without having the corresponding permit or under pretexts or on unjustified grounds;
6° When they are prisoners of war of the enemy, they regain their liberty and do not present themselves to the military authorities of the Republic, within ten days of that in which they have regained their liberty. If they are found abroad, they will be considered deserters within ten days of having not used any means available to them, to be made available to the authorities of the Republic.
Art. 717. - In time of war, the President of the Nation and the commanders in chief on the parties that dictate, may reduce the deadlines set by the previous article, vary the conditions set out in this chapter to consider defection consummate and aggravate the corresponding sanctions.
Art. 718. - In all cases of desertion, it shall be established in the conviction or conviction that the deserter loses all the rights that he has against the State, as an individual of the armed forces.
Sub-offices, classes and volunteer soldiers shall be dismissed and discharged unless they lack to integrate their time of service, in which case they shall serve as soldiers.
Art. 719. – It is considered simple desertion that does not have any of the circumstances listed in the following article.
In the event of a first simple desertion, the deserter submitted apprehended within ten days of the one in which he has completed the offence, shall be punished with three months of recharge of service: if the submission or apprehension of the offender takes place after that period, he shall be imposed six months of recharge of service.
In the case of a second simple desertion, the offender shall be punished with one year of service surcharge, without distinguishing in what the second offence relates, whether the presentation or apprehension of the deserter has occurred or not within ten days.
In such cases, desertion shall be credited through a record, and the sanction shall be imposed by the authority establishing the regulation issued by the executive branch. (Note Infoleg: By art. Decree-Law No. 7.358/1963 replaced this paragraph. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it consists of the modification mentioned. The text of Decree-Law 7.358/1963 can be consulted in our office. )
Art. 720. – Qualified desertion is considered to be committed with some of the following circumstances:
1 Violence or fracture;
2° Through excavations;
3° With scaling up, that is, when the offender to absent himself saves a material and visible obstacle arranged as a pre-constituted fence defense, by using appliances, or by a considerable effort, or of great agility;
4° Leaving the ship, by unauthorized sites;
5° Using vessels, aircraft or other means of accommodation belonging to the military service, or carrying animals, weapons, ammunition, instruments, objects of navigation, tools, or equipment garments, with the exception of the uniform of indispensable use or of those complementary elements whose bearing is mandatory, at the time of defecting;
6° Performing acts of service, or serving disciplinary punishment of arrest or imprisonment.
Art. 721. – In the case of first qualified desertion, if the offender is present or is apprehended within ten days of the one in which the desertion is considered to be consummated, he will be imposed six months of service surcharge; if he is reintegrated or is apprehended after that period, the penalty shall be one year of reincargo.
The second qualified desertion will be repressed with two years of service surcharge. Where there is a simple infringement with a qualified, previous or later, the penalty shall consist of the number of months of service surcharge resulting from the sum of the time of surcharge fixed for each of these offences, according to the nature of the same.
In such cases, the offences shall be credited with information and the penalties shall be imposed by the authority establishing the regulation of the Executive.
(Note InfolegArticle 2 of Decree-Law No. 7.358/1963 replaced this article. This rule was not published in the Official Gazette, however, in the Code of Military Justice published on the official website of the Staff of the Army it consists of the modification mentioned. The text of Decree-Law 7.358/1963 can be consulted in our office. )Art. 722. – The offender who commits three or more defections shall be sentenced to the penalty of two to five years ' imprisonment or confinement by the appropriate War Council, without effect, in this case, the pending disciplinary sanctions imposed on him by the previous defections, without prejudice to the fact that the accused integrates the time of service that is lacking, once the sentence is served.
Art. 723. – If the desertion is committed in foreign territory, in time of peace, the offender shall be sentenced to imprisonment.
Art. 724. – In time of war, desertion will be repressed:
1 With the death penalty, if it is produced in front of the foreign enemy, or by passing to its ranks;
2° With imprisonment or imprisonment, when committed in front of the rebellious enemy, or by going to their ranks;
3° Prison, in the other cases.
II ComplotArt. 725. – There is a plot for desertion, when it is consumed by four or more individuals, all right and together.
In this case, the corresponding sanctions will be increased from one third to half; for the leaders, promoters or organizers of the collective desertion, the increase will always be half of the penalty they have for their desertion.
III ComplicityArt. 726. - The military who in peacetime incite, provoke, favor or conceal desertion will be repressed:
1 With suspension of employment, with dismissal or with imprisonment, if any officers;
2° With a minor prison, dismissal or other disciplinary sanction, if they are sub-official, class or troops.
Art. 727. - In the cases of the previous article, persons without a military character shall be repressed four months to one year in prison.
Art. 728. - In time of war, those who are accomplices or coverts will be repressed with a major prison, if they are officers, with imprisonment for up to four years, if they are unofficial, class or troops; and, with imprisonment for up to two years, if they are private.
IV Conate of desertionArt. 729. – Involve in desertion cone:
1 Those who have missed two consecutive days of the unit to which they belong and are found outside their destination;
2° Those who are apprehended within the village, after having missed the unit two consecutive days.
Art. 730. – In peacetime, the culprits of desertion will be repressed with disciplinary sanctions. In time of war, with prison.
CHAPTER IV
Infraction of the duties of the sentinel, violation of sloganArt. 731. – The military who is sentinel, guard, watch, listener or telelocalizer, abandons his post, will be repressed:
1 With death penalty, or undetermined detention, if the act occurred in front of the enemy;
2° With four to eight years of imprisonment, if the act took place in a state of war, not being in front of the enemy;
3° With minor imprisonment, or confinement for up to two years, in all other cases.
Art. 732. – The military, who is in any of the functions referred to in the preceding article, is sleeping or drunk or under the action of narcotic drugs, shall be repressed with the following penalties:
1 Recruitment from eight years on time undetermined, or death, if faced with the enemy;
2nd Prison, if the fact occurs in a state of war, not being in front of the enemy;
3° Minor imprisonment, or confinement up to two years, in all other cases. The case of drunkenness shall always be liable to a greater penalty or to be found under the action of narcotic drugs.
Art. 733. – The military, who perform some of the functions determined by article 731, does not comply with its slogan, or will be relieved by another person who is not his or her corporal or who authoritatively does his or her times, will be repressed:
1 With death penalty, or undetermined time imprisonment, when the offence is committed against the enemy, if any damage to service is carried out as a result;
2° With the detention of eight to fifteen years, if in the circumstances of the previous number there is no further damage to service;
3° With four to eight years ' imprisonment, the offence was committed in campaign, in operations or instead declared in a state of war, not being at the head of the enemy;
4° With minor imprisonment, or confinement up to three years, in other cases.
Art. 734. – The military who finds himself a sentinel or a guard or a guard or a guard watch sees jumping or climbing a ship, boat, aircraft, war machines, wall, pit or stagnation, either to leave or to enter the square, strong, fenced precinct or places under military custody, or see that the enemies approach their position and did not give early notice or do not fire their weapon, will be repressed with a term of death.
Art. 735. – Any military officer who violates a general consignment given to the troops of which he is a party, or a consignment other than those specified in the preceding articles, of which he has been charged, or which has broken a consignment given to another military, shall be repressed, in time of peace, with disciplinary sanction; the penalty shall be imprisonment for four to eight years, when the act occurs against the enemy, and for minor imprisonment, in other cases, in time of war.
In the event that the slogan is aimed at the security of the armed forces, or a part thereof, of a siege position, of a military post, ship, boat, aircraft, war machine, artillery park, stock depot, forages or other places or objects affected to service, the death penalty shall be applied, or imprisonment for indeterminate time, provided that the violation of the slogan has actually compromised military security or is prevented.
In the event that such a slogan has been broken or violated in time of war, but without compromising that security or preventing military operations, the act shall be repressed with imprisonment or confinement.
CHAPTER V
NeglectArt. 736. – He will be repressed with imprisonment for four to eight years, the military who in war loses the force, square, post, ship or air base at his orders, for not taking preventive measures or not requesting the necessary resources for the defense, when he is told the danger of being attacked. If the act is committed to fighting with a rebellious enemy, the penalty shall be imprisonment for three to six years. It will be exempt from punishment if it proves that it did the orders in time and that they were not provided.
Art. 737. – He will be repressed with major prison, the military who, by negligence or omission in the performance of his duties, causes serious injury or disorders in war operations.
Art. 738. – The military entrusted with the formation of plans or projects for the construction of ships, aircraft, war machines to other works, which by negligence makes mistakes in them that, regardless of the damage to the work itself, can produce it of another order for the State, will be repressed with suspension of employment, dismissal, or imprisonment, according to the gravity of the fact.
Art. 739. - If the military officer in charge of escorting a convoy has separated himself from him, in whole or in part, for the purpose of his negligence, he shall be repressed, in time of war with greater prison, and in time of peace, with minor imprisonment or disciplinary punishment.
Art. 740. – The commander-in-chief or the chief-in-chief with an independent command who loses a war action for malice or negligence will be dismissed in the first case, and sentenced to imprisonment or to imprisonment for the second.
CHAPTER VI
Miscellaneous violations: in command, commission or serviceArt. 741. – The military commander, who prolongs the hostilities after having received the official news of peace, truce or armistice, will be sentenced to imprisonment for ten to fifteen years.
Art. 742. – Prison and dismissal, or detention, shall be imposed on any military with command of forces:
1 When you can attack and fight an inferior enemy or destroy a convoy of the same, do not do so if you are prevented by special instructions or for serious reasons;
2° Where, without being bound by superior forces or for legitimate reasons, he has suspended the persecution of a defeated or disorganized enemy.
Art. 743. – He will be sentenced to imprisonment, the military who understands in capitulation for him stipulated, forces or posts that, although dependent on his command, are not of the troops or places committed by the operation or fact of weapons that cause the capitulation.
Art. 744. - The commanders of ships, air forces, bodies or detachments, which provoke, incite or give rise to the offensive targeting of their inferiors against those of the same or other vessel, air forces, body or detachment, shall be repressed with imprisonment of two to four years, if they are not injured; and the lower ones taking part in the offence, or when they promote or arouse between themselves, with the term of imprisonment of one
If death or injury result, the first will be repressed with imprisonment, and the second with a greater prison.
Art. 745. – The military officer responsible for preserving or restoring public order, who employs or makes use of weapons, without justified cause, or without express order, or fails to comply with the formalities expressed in the law, shall be sentenced to minor imprisonment if it is not an offence to which the most serious penalty is appropriate.
Art. 746. – It will incur the penalty of imprisonment:
1 Whoever forces the prisoners of war to fight against their flags, mistreats them of work, insults them rudely or deprives them of the necessary food;
2° The one who will attack without necessity hospitals, charities, temples, convents, schools, prisons or houses of diplomatic agents or foreign consuls, made known by the signs established for such cases;
3° The one who destroys temples, convents, libraries, museums, archives or remarkable works of art, without demanding the operations of the war;
4° The one who offends a parliamentary officer for work or speech.
Art. 747. – The military who, in time of peace, does not provide the aid that is claimed by the head of a force committed or in danger, and can do so, will be repressed with imprisonment and dismissal. In time of war, the penalty shall be imprisonment for up to 10 years.
If, as a result of the lack of aid, in time of war, the force which requested it has been lost or defeated, the death penalty or imprisonment shall be applied for undetermined time.
The same penalty shall be incurred by the officer who gives rise to the loss or defeat of his strength, for not requesting the help that could have been provided to him.
Art. 748. – He will be sentenced to death and degraded, or to imprisonment for undetermined time and degradation, the military, having the means and the possibility of resisting, surrender by capitulation or surrender to the foreign enemy, without any resistance, the troop, ship, aircraft, square, air base or post whose command has been entrusted to him or her. If the enemy is rebellious or seditious, the penalty shall be imprisonment for five to fifteen years.
Art. 749. – The military who, in the presence of a foreign enemy, retires or ceases the position whose defence or possession has been entrusted to him without being forced to do so by superior force shall be sentenced to death or imprisonment for undetermined time. If the enemy is rebellious or seditious, the penalty shall be imprisonment for three to eight years.
A convoy of wounded, weapons or ammunition will be seized by the enemy in the same penalties.
Art. 750. – The military in charge of a position, post or troop, who has the means of defence, will be sentenced to death or to imprisonment for undetermined time, adheres to the capitulation stipulated by another military with the foreign enemy, even if it depends on him and has received his orders in this regard. If the capitulation has been stipulated with a rebellious or seditious enemy, the penalty shall be imprisonment for three to five years or imprisonment for a greater period.
Art. 751. – He will be sentenced to imprisonment for three to five years by the military who, fighting with a foreign enemy, surrenders or capitulates without having exhausted the ammunition or lost two thirds of the cash at his command. If the enemy were rebellious or seditious, the penalty would be two to four years ' imprisonment.
Art. 752. – They will incur the same criminal responsibilities, which, by pressing their chiefs, have caused the breaches referred to in the four preceding articles, and also those that have contributed to them, with their opinion or advice.
Art. 753. – The military who capitulates or surrenders the forces at their orders, forced by a rebellion or by a riot that they could not dominate, are exempt from any criminal responsibility, despite having employed all means and resources within their reach.
Art. 754. – He will be repressed with imprisonment for up to ten years, or imprisonment, the head of forces, commander or pilot, who in any circumstances of danger will leave or give up the post, for no justified reason.
Art. 755. – The head of a unit, factory, depot or any military establishment or construction, or affected by the service of the armed forces, who, in the event of arson, shipwreck or other sinister, shall be imprisoned, shall not take all measures within their power to limit the damage.
Art. 756. - He will be repressed with imprisonment for up to four years, the commander who hides breakdowns or deteriorations in the war material of the forces of his command, or in his armament or mechanisms, when it can result in serious damage to operations in time of war.
A military member of these forces, who conceals such breakdowns or deterioration in the elements or material in his or her office, shall be repressed with a minor prison.
Art. 757. – The military who, by doing so, does not provide the cooperation required by an investigating judge or military court, or obstructs his or her functions in the cases they instruct or are aware of, will be punished with disciplinary sanction or imprisonment.
Offences against military honourArt. 758. – It will be repressed with degradation, and imprisonment or imprisonment for up to five years, the military that publicly outrages the Nation or any of its symbols.
The same penalty shall apply to the military who publicly agravates the armed forces of the Nation, or to any of its military institutes, weapons, bodies or degrees.
Art. 759. - The military who, in combat or in the presence of the enemy, returns his back and flees, or performs such panic demonstrations that put the troops in imminent danger of contagion, may be killed at the same time, for the punishment of his cowardice and example of others. The aircraft or aerial training that departs or flees from it, without justified cause, may be attacked and destroyed. If those responsible escape the punishment at that time and are captured later, they will be punished with degradation.
The military who descend in parachute to perform a war operation and are not immediately incorporated into the rest of the force or in any way obstructing the performance of the operation will be repressed with imprisonment or death penalty.
Art. 760. - Whoever has committed the acts of cowardice referred to in the previous article, returns to the action and is conducted in a dignified manner, shall be punished only with disciplinary sanction; and he shall be exempt from any penalty if he testifies of extraordinary value, performing some heroic act.
Art. 761. – He will be dismissed and repressed with imprisonment for up to one year, the military who, in a sign of contempt, returns office, appointments or military diplomas or is stripped of his badges.
Art. 762. – The military who, in time of war and in front of the enemy, intentionally causes a false alarm, or introduces confusion or disorder in the troops, will be repressed with disciplinary sanctions, or with imprisonment, or with death, according to the circumstances of the case and the consequences that the fact has had.
Art. 763. – The military, who in a capitulation assures for himself or for the officers, guarantees or advantages he has not insured for the troops, will be repressed with imprisonment of three to fifteen years.
If the enemy is rebellious or seditious, the penalty will be two to four years in prison.
Art. 764. – The military who subtracts from the service with illnesses or suspected evils, or who makes use of any other fraudulent means, will be repressed with arrest or suspension of employment or with dismissal.
In time of war, the penalty shall be imprisonment and degradation.
Art. 765. – The military who performs dishonest acts with a person of the same sex within or outside of a military place, shall be degraded and sentenced to imprisonment, if he is an officer; repressed with a minor prison and dismissed, if he is a sub-official or class; and if he is a soldier, he shall be sentenced to a minor prison.
Any person who exercises violence, threat, abuse of authority or any other means of intimidation or coercion, to perform the act referred to in the preceding paragraph, shall be repressed with degradation and imprisonment of eight to fifteen years, if he is official; with imprisonment of five to ten years and dismissal, if he be sub-official or class; and, with a greater prison, if he is a soldier.
Art. 766. - The military who commits any other dishonest acts that confront a man and reduce his dignity will be dismissed if he is an official, and sentenced to three years of confinement, if he is a sub-official, class or troop.
Art. 767. – It will be repressed with dismissal or confinement up to two years or with a minor prison, provided that the act does not constitute a more serious offence:
1 The officer who accepts his freedom by word of not making weapons against the enemy who holds him prisoner;
2° The military who maintains correspondence with enemies, on particular or family matters.
Except for this provision to which it must be maintained, on the basis of its military office and on the basis of war.
Art. 768. – The military who is intoxicated or intoxicated, or used drugs, in the guard service, or in any other service with weapons, provided that it is not provided for in article 732, shall be repressed with imprisonment for up to three years.
If the drunkard is a head of post or a guard, the penalty will be a major prison if he is an official, and a minor prison if he is a sub-official or a class. In case of recidivism, they will be dismissed.
Art. 769. - A military person who habitually does not comply with his or her pecuniary obligations or uses ardides, artifices, precautions, or capcise combinations to borrow money or other things, shall be repressed with dismissal or other disciplinary sanction.
Art. 770. – The military who slanders or insults another of the same degree will be repressed with lesser prison.
Art. 771. – All officers will be dismissed:
1 That he has suffered three convictions for crime, imposed by a court ruling or by ordinary courts;
2° Failure to speak of honour committed in public or official act;
3° Anyone who does not use all means to prevent or frustrate a blatant crime against the discipline committed by a subordinate.
Infidelity in serviceArt. 772. – The military who reveals the saint and signs, a reserved order of service or any secret that he or she is deposited on account of his or her employment shall be punished with imprisonment or minor imprisonment. If harm or injury to the service or if it were caused in time of war, the penalty would be imprisonment for four to eight years, and if the disclosure took advantage of the enemy, six to fifteen years ' imprisonment would be imposed.
Art. 773. – A military officer who in time of war is ordered to transmit a written order or any other office, and who has voluntarily opened it, or has not delivered it to the person to whom he was directed, or who is in danger of being surprised by the enemies has not tried at all costs to destroy it, shall be punished with the death penalty or imprisonment for undetermined time, if by that fact he has compromised the security of the State, of the armed forces or of them. If the latter had not occurred, he would be sentenced to imprisonment for up to five years.
Art. 774. – The military whom, in time of peace, is charged to transmit any order or office and has opened it or lost it because it has not kept it carefully or if it does not surrender it to the person to whom it was directed, will be repressed with imprisonment.
Art. 775. – The military who, by being able to do so, does not carry the folds entrusted to him, on war operations, will be repressed with imprisonment, imprisonment or death.
Art. 776. – The military who, having in charge the custody of documents, files, papers or effects sealed by the authority, violates the seals, or consents in their violation, will be repressed with imprisonment.
Art. 777. – The military who opens or permits to open, without authorization, papers or closed documents whose custody is entrusted to him, shall be repressed with a minor prison.
Art. 778. – It will be repressed with disciplinary sanction or imprisonment, the military in charge of the construction of military works, which separates from the plans or instructions to which it must be subjected, harming the conditions of the work or making it more burdensome to the State.
Art. 779. – In the event that the violation referred to in the previous article, it is subject to imperfection or negligence, disciplinary or minor imprisonment shall be applied up to one year.
Art. 780. - Officials or assistants of military justice, as well as any military authority, who intentionally mislead a summary or judicial proceedings, shall be repressed with imprisonment. If this is due to guilt or negligence, with disciplinary sanction.
Infringements relating to ships and aircraft(Note Infoleg: By art. 1 Act No. 21.944 B.O. 1/3/1979, the name of Title VIII of Book II of the Third Treaty is replaced. )
Art. 781. – The military, who, in case of temporary, empty, collision, approaching, shipwreck, breakdown, forced landing, fire or other sinisters, with shouts or other manifestations or attitudes, caused panic, discouragement or disorder on board, will be repressed with major prison, imprisonment, or death, depending on the circumstances.
Art. 782. – Any individual of the crew of a ship or an aircraft of the armed forces, who at the time of the sinister, will abandon him without order, or who, after the sinister, will be removed from them without authorization, will be repressed with imprisonment and dismissal.
Art. 783. – The military on board a ship of the armed forces, or a convoy, who in time of war has fire or lights on during the night, without proper authorization, will be repressed with imprisonment.
If the fire or light had been lit or discovered against express orders, the penalty shall be imprisonment or imprisonment.
Art. 784. – The military on a ship or aircraft of the armed forces or convoyed by them, who in time of war violates common provisions against fire, collision, explosion, flooding or others for the security of the armed forces, shall be repressed with imprisonment for up to four years.
If he contravenes orders specially received, the penalty shall be imprisonment for up to eight years. The same penalty shall be imposed on the military who commit these breaches in the ports, air bases, arsenals or other military establishments, so that they commit their security.
Art. 785. – In time of war, a more serious offence shall be imposed on the facts:
1 A lower prison than for the guard of machines, aircraft in general, firearms or instruments for military or nautical security, neglects its tasks resulting in injury to this cause;
2° A higher prison than the one who abandons such services, without being properly relieved.
Art. 786. - Any person who, without authorization, enters into a ship, or aircraft explosive, flammable or spirited matter, shall be repressed with a minor prison when it is not harmed, and with a greater prison or imprisonment, when it occurs.
Art. 787. - The military in charge of the custody of a ship or aircraft, or of the conduct of a convoy, who, by being able to defend it, will surrender, surrender or leave the enemy, shall be liable to the penalties provided for in article 748.
Art. 788. – The military who, in charge of the escort of a ship, aircraft or convoy, will abandon him, without a powerful and justified motive, shall be imposed on him:
1 Eight to fifteen years ' imprisonment, in time of war, if the escorted outside the military navy or aeronautics, or convoy, ship or merchant aircraft, transporting troops, military effects, supplies, fuels, gears or flows of the State, and as a result of the abandonment, any of the ships or aircraft shall be seized or destroyed by the enemy;
2° From four to eight years ' imprisonment if, in the circumstances of the preceding subparagraph, none of the vessels or aircraft shall be seized or destroyed by the enemy; if the convoy, ship or aircraft seized, he shall not transport any troops or effects of which the same subparagraph expresses; if, even in time of peace, he shall shipwreck, or be lost as a result of the abandonment, any of the ships or aircraft, or any part of the crew,
3° Minor imprisonment or disciplinary punishment in all other cases.
Art. 789. – The officer responsible for the defeat or browser, or the pilot of a military ship or aircraft or a convoy, who through some operation, advice or report, in any way imposses the captain or commander, to the detriment of the service, will be repressed with a major prison.
Similarly, telecommunications operators will incur the error provided for in the preceding paragraph.
If the facts are caused by guilt, a minor prison or disciplinary punishment shall be imposed.
(Article replaced by Article 2 of the Act No. 21.944 B.O. 1/3/1979.)
Art. 790. – The military who ships or permits to ship goods or passengers, without order or authorization, on a ship or aircraft of the armed forces, shall be repressed with four to eight months of imprisonment. The goods will be eaten.
Art. 791. – The head of a minor vessel who, being with it in the water at times of combat, shipwreck or fire, is to remove the ship or the one who embarks without order from its superiors, will be repressed with imprisonment of four to twelve years, unless he warrants that he was violent, in which case the penalty shall be imposed on those who have carried out the violence.
Art. 792. – Any military who deliberately impairs the loss of a military ship or aircraft will be sentenced to undetermined detention for an undetermined time. If the fact occurs in time of war, the penalty will be degradation and death.
When the loss takes place on account, imprisonment or suspension of employment shall be imposed not less than two months or confinement.
Lost ships or aircraft are considered to be unused, in absolute form, to provide any of the services to which they could be intended.
(Article replaced by Article 2 of the Act No. 21.944 B.O. 1/3/1979.)
Art. 793. – The military who destroys or loses minor military vessels will be repressed with destitution and imprisonment for up to five years.
If the act is caused by guilt, the penalty will be suspension of employment for two to four months, or confinement for up to one year.
(Article replaced by Article 2 of the Act No. 21.944 B.O. 1/3/1979.)
Art. 794. – The military who deliberately causes a military ship or a military aircraft, fails that it is not a loss, will be repressed in time of peace, with minor imprisonment and dismissal, and in time of war, with major imprisonment or imprisonment.
If the breakdowns take place on account, the penalty shall be suspension of employment or confinement for up to one year, in the first case, and imprisonment for minor or dismissal, in the second.
If the breakdowns are carried out by boarding and the boarding is a merchant ship or aircraft, the penalty shall be a suspension of command, if the culprit is official; and arrest or confinement or other disciplinary sanction, if he is unofficial, class or troop.
(Article replaced by Article 2 of the Act No. 21.944 B.O. 1/3/1979.)
Art. 795. – The head of squadron, naval force or loose vessel and the commander of aircraft or aerial formation who, without justified cause, separates from the derrotor who expressly designate the instructions of the superior, shall be subject to suspension of command at the maximum of the sanction.
Art. 796. - If the act referred to in the preceding article has been the cause of any service to ships, aircraft or aerial training or damage to operations, the perpetrator shall be repressed with minor imprisonment. In time of war, the penalty shall be imprisonment and dismissal, and if there has been a loss or apprehending of the ship, imprisonment shall be imposed for four to ten years.
Art. 797. – It will incur the same penalties as the two previous articles:
1 The pilot or officer who runs the course ordered by the commander;
2° The commander who enters port or rada without strictly observing the regulations of navigation or without taking all necessary measures or precautions to avoid any collision, shock or approach;
3° The commander who sails, in a squadron or in a conserve, departs without order from the superior; or who, having separated himself with a legitimate cause, is not incorporated as soon as circumstances permit. When separation occurs against the enemy and without justifiable motive, it shall be repressed with imprisonment or with the death penalty, regardless of the consequences thereof;
4° The commander who, without need or order, does ups contrary to his instructions.
Art. 798. – He will be sentenced to imprisonment and dismissal, the military who, by doing so, does not pay in the event of danger, the assistance requested by military ships or aircraft, by merchant ships or aircraft of the national or friendly country or by enemy vessel that promises to surrender, or does not collaborate in his search or rescue.
The penalty shall be imprisonment or death, if, for lack of the assistance requested, a military or nationally registered vessel or aircraft shall be lost.
(Article replaced by Article 2 of the Act No. 21.944 B.O. 1/3/1979.)
Art. 799. – It shall be liable to the penalties of the previous article, the commander who gives rise to the loss or breakdown of his ship, for not requesting a help that could have been provided to him.
Art. 800. – He will be sentenced to imprisonment, imprisonment or death:
1 The commander who, in combat or by avoiding the notoriously superior forces of the enemy, is forced to empty his ship and does not disable it, after having exhausted all the resources to defend and save the crew;
2° The commander who will leave his ship, while there is a probability of saving it; or who, considering the shipwreck inevitable, will not exhaust all measures to save the crew, transports, weapons, gears, ammunition, baggage, State flows, official correspondence, etc.;
3° The commander who, in case of salvage, does not exhaust all means at his disposal to keep in his troop the strictest discipline, or does not embark on the officers in conjunction with the troop, in the available boats;
4° The commander who, in case of shipwreck, abandons the ship, when he is in a position of floating and is likely to save it.
Art. 801. – The commander of a ship or ship of the navy who, when the case of abandoning it does not attempt to be the last to carry out it, will be repressed with imprisonment and dismissal.
Art. 802. - Officers in the possession of an armed ship who, in the case of the previous article, will be saved by using on-board elements and by abandoning the crew on the shipwreck, will be repressed with imprisonment and dismissal in peacetime; and by imprisonment for four to eight years and degradation in wartime.
Art. 803. – He will be repressed with imprisonment for up to four years, the commander who hides breakdowns or deteriorations in the ship or aircraft of his command, or in the armament or mechanisms thereof, when it can result in serious damage to his employment.
The military belonging to the ship or to the aircraft, which conceals its superiors such breakdowns or deteriorations, in the elements or material in its charge, shall be repressed with a minor prison.
Art. 804. – He will be repressed with arrest or suspension of employment or dismissal, the commander who undertakes a trip without properly carrying out his ship or aircraft, or without repairing any damage or deterioration in the armament of those.
The same penalties shall apply to the superior who orders to travel to the ship or aircraft commander, knowing that they are in that situation.
Art. 805. - If, as a result of the omissions referred to in the preceding article, the ship or aircraft suffer during the journey damage of greater consideration, be lost, be apprehended by the enemy, or may not perform a necessary war operation, the penalty shall be imprisonment, or imprisonment for up to eight years.
Art. 806. – The commander who, without superior authorization, does reforms in the interior distribution of the ship, in his grove, in the machine or in the disposition of his armament, will be repressed with arrest, or suspension of employment for three to nine months, or with dismissal.
If, as a result of the reforms, the marine conditions of the ship or its defensive or offensive conditions have been damaged, the penalty shall be imprisonment for a period of up to six years. In time of war, detention will be imposed for up to fifteen years.
Art. 807. – It will be repressed with the penalties laid down in the previous article, the officer responsible for inspecting or monitoring the construction or lacking of a ship, who consents to be made without superior authorization, reforms or works that are not at the approved and ordered planes to execute.
Art. 808. – Any head of squadron, naval force or loose ship, who is anchored or tied up, or browsing, whom the enemy surprises without having their ready propelling machines, or without having taken all necessary defensive precautions, will be punished with suspension of employment or dismissal. If, by such negligence, ships suffer from major breakdowns or are apprehended, submerged, burned or dumped, the penalty shall be imprisonment, imprisonment or death.
Art. 809. - Any individual of the crew of a warship or aircraft, which deliberately produces, any damage or deterioration in the machine or in the arming thereof, shall be repressed with imprisonment, detention or death, if the act is produced in time of war.
In time of peace, disciplinary punishment or imprisonment shall be applied.
Art. 810. – Any officer who opens a closed fold, before the date or place specified in the instructions, shall be punished with suspension of employment, for three months to one year, and in time of war, shall be dismissed.
Art. 811. – He will be repressed with disciplinary sanction:
1 The aircraft commander or air training who conducts a landing without observing airport regulations;
2° The aircraft commander or aerial training that conducts unordered landings, unless forcibly arrived. If in the cases referred to in the preceding paragraph, there has been damage, the penalty shall be destitution.
Violations by civilian personnel of merchant ships or aircraftArt. 812. – It will be repressed with absolute disqualification perpetual and imprisonment, or undetermined detention, the commander or pilot of a merchant ship or aircraft, which is part of a convoy under military escort or direction, causes the loss, lace or breakdown of his ship.
Where the facts provided for in the preceding paragraph are caused by guilt, the penalty shall be imprisonment.
If he had separated, without justified cause, from the convoy that he would partly be sentenced to imprisonment.
If you have disobeyed orders or signals from the convoy commander, you will be repressed with less than one year in prison.
Art. 813. – The commander or pilot of a merchant ship or aircraft, to whom the conduct of military or civilian ships or aircraft in convoy is entrusted, under escort, or military direction, that refuses, omits or delays the provision of services required, in time of peace, shall be repressed with a minor prison; and, in time of war, with a greater prison: against the enemy, with imprisonment up to ten years.
Art. 814. – Any commander or pilot of an Argentine merchant ship or aircraft who refuses to provide assistance or does not collaborate in the search or rescue of a ship or military aircraft in danger will be repressed with imprisonment for up to three years. If a ship or military aircraft is lost for lack of the assistance, the penalty shall be imprisonment for up to 10 years.
Art. 815. – The civilian who ships or permits to ship goods or passengers, without order or authorization, on a military aircraft or convoy by the armed forces, shall be sentenced to imprisonment for up to six months.
The goods will be eaten.
Art. 816. – He will be repressed with imprisonment for up to two years, the commander or pilot of a ship or civil aircraft who, being part of a convoy under escort or military direction, will abandon his post during his service, without justified cause.
Art. 817. – It will be repressed with imprisonment for up to six years, the head of navigation, officer of defeat, pilot or baquean of a ship or civil aircraft, who being part of a convoy under escort or military direction, through some operation, advice or report in any way imposses the military commander, to the detriment of the service.
If the facts are caused by guilt, the penalty shall be imprisonment for up to two years.
Art. 818. - Any individual shipped, or a member of the crew of a merchant ship or aircraft that, in time of war, is part of a convoy or is in compliance with a military mission, has fire or lights lit during the night, without due authorization, or violates common provisions against fire, collision, explosion, flooding, or other provisions for the safety of the ship or aircraft, shall be imprisoned for up to four years.
If the offence is committed by violating express orders, the penalty shall be imprisonment for up to eight years.
The same penalty shall be imposed on those who commit such violations, in ports, air bases, arsenals or other military establishments, so as to ensure their safety.
Art. 819. - Any individual of the crew of a merchant ship or aircraft who, in time of war, is part of a convoy or is in compliance with a military mission, deliberately produces damages or deteriorations in the machine or in the arming of such convoys, shall be repressed with imprisonment, or imprisonment for up to 10 years, and with imprisonment or death, if it causes the loss of the ship or aircraft.
Mutilations and subtraction at serviceArt. 820. – The person who is mutilated, or in any other way causes his or her physical incapacity, in order to subtract from the obligations imposed by the national defence law or its service commitment, and the one who becomes unused by another, will be repressed with imprisonment for up to four years.
The same penalty shall be imposed on anyone who disables another one for the purpose indicated, unless he commits a more serious offence.
The conate will be repressed with six months' imprisonment.
The same penalties shall be imposed by the military who incites or assists citizens in failing to comply with their obligations under the National Defence Act or their commitment to services.
If the perpetrator of such an offence is civil, the penalty shall be imprisonment for up to two years.
Violations of the call(Title incorporated by art. 1 of the Act No. 22.574 B.O. 28/4/1982.)
Art. 820 bis – The Retired Military Staff, coming from the permanent table that will be summoned to active service and that without justified cause, will not be presented at the place, day and time set for this purpose, will be repressed:
1/ In time of peace:
(a) With arrest, if the delay had not exceeded 48 hours:
(b) With minor imprisonment and dismissal if the delay does not exceed 5 days.
(c) With major imprisonment and dismissal, where delay exceeds that set out in subparagraph (b) of this subparagraph
2°) In time of war:
(a) With minor imprisonment and dismissal in the case of subparagraph 1 (a)
(b) In the case of subsection 1 (b).
(c) With indeterminate detention or death, and degradation in the case of subparagraph 1 (c).
In all cases covered by this article, apprehension shall be considered as aggravating.
(Article 1 of the Act No. 22.574 B.O. 28/4/1982.)
Art. 820 ter – For the purposes of the application of Article 820 bis, the last domicile that the retired military has registered in its respective Force shall be reputed as a valid domicile for the respective notification, the last domicile that the retired military has recorded in its respective Force, and the updating of the domicile is under its responsibility in the opportunity of any change.
Without prejudice to the status of the preceding paragraph, the summons may dispense with the individual letters of call, with the setting of the place, day and time of presentation by means of its dissemination by the oral, written and televisive press, which in such case will be properly and validly known and notified.
The staff who are present in the duly authorized foreign country shall be notified exclusively by an individual letter of call in the domicile that has been denounced when the authorization of departure from the country or residence abroad is granted.
(Article 1 of the Act No. 22.574 B.O. 28/4/1982.)
Offences against propertyCHAPTER I
Illegal exposureArt. 821. – The military who, with violence or threats, forces any person to do or stop doing something, in order to procure, for himself or for another, an illicit profit of a patriotic nature, will be repressed with greater imprisonment.
Art. 822. – The military shall be punished with imprisonment, who, by himself or by interposite person, for personal gains, shall receive contributions of war or forcible contributions, without authorization; and to whom, having such authorization, he shall, to the same end, be exceeded in his powers.
Art. 823. – If the facts referred to in the preceding article have not been committed for personal benefit, but public, the penalty shall be imprisonment for less than eight months.
CHAPTER II
Undue provision of military objects and garmentsArt. 824. – He will be repressed with imprisonment for up to three years, the military who alienates, pygnorare, abandons, destroys, disables, or in any way deprives the State of having, although temporarily, disposed of any of the elements of the military armament, animals or other transport elements, instruments or objects of navigation, provided to him.
If any of these acts have harmed the service, the penalty shall be imprisonment or confinement.
In time of war, imprisonment or death penalty shall be applied, where such acts have hindered or hindered a war operation, or weakened the means of action or defence of the Nation.
Art. 825. – He will be repressed with imprisonment for less than six months, the military who will execute the facts provided by the preceding article, with clothing or equipment, which have been provided to him as a complement to his uniform, or useful for his personal use in the instruction or in the service.
If the injury suffered by the State is of minimal importance, in accordance with the rules established by the regulations, only the disciplinary sanction assigned by the State shall be imposed.
Art. 826. – Any individual who knowingly acquires, commits or conceals any of the objects to which the two preceding articles refer shall be sentenced to imprisonment for up to two years, in time of peace, and with imprisonment for up to ten years, in time of war.
CHAPTER III
Damage, fire and other havocArt. 827. – The military who destroys, disables, disappears or in any way damages documents, movable or immovable property of the State that are related to or affected to the defence of the country or to the service of the armed forces, shall be repressed with imprisonment, or imprisonment for up to fifteen years.
Art. 828. - If the facts referred to in the preceding article are committed by fire, explosion, flooding, sinking or any other means capable of causing miscarriage, the penalty shall be imprisonment for a specified time; if as a result of the death of a person, the penalty shall be imprisonment for undetermined time or death.
Art. 829. - If the facts referred to in the preceding two articles have compromised the preparation or military capacity of the Nation, the penalty shall be imprisonment for undetermined time and degradation, or death and degradation.
Art. 830. - If the facts referred to in this chapter are caused by guilt, disciplinary or minor imprisonment shall be imposed, in the case of article 827 and major imprisonment, in the cases of articles 828 and 829.
Art. 831. – The one who is caught with explosives or preparations, obviously destined to burn or cause any of the havoc indicated in this chapter, will be repressed with imprisonment, or with imprisonment for up to fifteen years.
Offences in the performance of chargesCHAPTER I
Prevarication, denial and delay of justiceArt. 832. – Prevaricate those who are part of a military court or perform any other function of military justice:
1 Exhibit maliciously an unjust judgment or resolution, or knowingly violate the laws of procedure and those that determine the order of jurisdictions;
2° Quote false facts or resolutions;
3° Found their judgments on supposed or repealed laws;
4° They maliciously refuse to administer justice, after required by the parties and the expiry of the terms specified by the laws;
5° They maliciously refuse to judge under the pretext of obscurity, insufficiency or silence of the law.
Those who commit any of these acts shall be repressed with perpetual dismissal and disqualification to hold judicial office.
Art. 833. – Eat, too, prevarication:
1 Those who perform the functions of prosecutors, auditors and magistrates of instruction, fail maliciously to perform their duties for or against the accused;
2° Those who serve as defenders, maliciously harm the defendant or discover his revelations.
In the case of sub-paragraph 1 above, there shall be a perpetual dismissal and disqualification for judicial office, and in the case of sub-paragraph 2 suspension of employment or arrest.
CHAPTER II
CohechoArt. 834. – The military who, in the exercise of judicial, administrative or sanitary functions, by himself or by interposite person, has received gifts or accepted promises to execute or cease to execute any act, will be repressed, in the event of being the right act, with dismissal if it were official, and with arrest up to three months, if it be unofficial, class or troop.
Art. 835. - In the cases referred to in the previous article, if the act executed or not executed was unfair, the guilty person shall be remanded in prison for more than two to five years, except as provided for in articles 844 (2) and 845 of this Code.
Art. 836. - If the co-execution has been aimed at favouring or harming the accused of any offence, the military officer who has judicial functions or is employed in the military justice services shall be repressed with imprisonment of four to twelve years.
Art. 837. – If, for the purpose of the co-execution, a sentence exceeding 12 years ' imprisonment has been imposed, the same penalty shall be imposed on the offender, with the exception of the death penalty, which shall be commuted to imprisonment for undetermined time.
If the sentence has not been effected, the sentence corresponding to the author of the cohecho shall be reduced from one third to half.
The military perpetrators of the cohecho will be repressed with the penalty fixed for the cohesed military.
Art. 838. – The attempted cohecho will be repressed with a minor prison.
In no case shall the author of the cohecho be given the objects he had given, nor the value thereof; if they exist, they shall be confiscated and given the fate of the military authority.
Omissions, defrauds and embezzlements in the military administrationCHAPTER I
OmissionsArt. 839. – The military, to whom it is appropriate to provide the troops with the necessary elements of war and supplies, and which intentionally or by negligence, does not do so, or does so after the opportunity in which he must have done so, will be repressed:
1 With death or imprisonment, if the act takes place in time of war and is the sole or principal cause of the defeat, capitulation or surrender of the military forces;
2° With imprisonment and dismissal, when the act occurs in time of war, and it does not deal with the cases referred to in the preceding paragraph.
Art. 840. - In time of peace, the military who incurs the omissions provided for in the preceding article shall be repressed with minor imprisonment and dismissal, if the omission is intentional; and with dismissal or other disciplinary sanction, if the omission is due to its fault or negligence.
Art. 841. – The military, in the area of subsistence or health, who incurs serious negligence that harms the service or health of the troops or the cattle, as well as any chief who, having heard of that negligence, harms the troops, cattle, or services at their orders, does not immediately remove it, or does not denounce the fact to the authority that could correct it, will be repressed with minor imprisonment and dismissal.
If negligence binds the purpose of doing an illicit benefit, greater imprisonment shall be imposed.
If such negligence resulted in serious illness or death of military personnel, the penalty shall be imprisonment for the first case, and imprisonment for up to fifteen years, in the second case.
Art. 842. – Anyone who, by negligence, will be allowed to deteriorate the provisions or the war material placed in his care, shall be subject to minor imprisonment, without prejudice to the charge, for the resulting damage.
If the injury suffered by the State is of minimal importance, in accordance with the rules established by the regulations, it shall be subject to disciplinary sanction, without prejudice to the corresponding position.
CHAPTER II
Military fraudArt. 843. – He commits military defraudation, the military who, having in his power, because of his employment, money, credit titles or any furniture effect belonging to the State, distracts them from his legal applications in his own profit or in the alien.
Art. 844. – In particular, the author of military defraudation is considered:
1 Any person who disposes of or employs for his own benefit, the salaries, supplies or forages, whose storage or distribution is entrusted to him;
2° Whoever, by contract with suppliers, by gifts, or promises, favors one of them;
3° The one with an interest will present inaccurate accounts on the costs of the service.
4° Anyone who has acted fraudulently in respect of the nature, quality or quantity of work, labour or provisions for military use;
5° Any person who has personally made any trade or commercial operation, with funds belonging to the military administration;
6° The administrative officer, who openly or with simulated acts or through a third person, is particularly interested in awarding tenders or other acts of the military administration, in which he has had any intervention;
7° The person who, having a case file of supplies, constructions, works or other services, does not form it strictly subject to the justifications or evidence required under the provisions in force;
8° The person who signs or authorizes order, release or any other payment or credit document, personally extended or by those who are at his or her disposal and who differs significantly from what he or she submits his or her settlement or adjustment;
9° Whoever, without authorization and in view of a benefit, will change the coins or values he has received, with other currencies or different values.
Art. 845. - Military defraudation shall be repressed with imprisonment for a period of up to 10 years, and perpetual absolute disqualification, without prejudice to article 590.
In time of war, death, imprisonment or imprisonment and absolute perpetual disqualification shall be imposed.
Art. 846. – They shall be liable to the penalties of the preceding article, the military responsible for the administration or maintenance of money or effects belonging to the military, because of the performance of the functions of the service, in general and permanently, and entrusted to it by resolution of its superiors or by the regulations in force, when they distract them in their own or other interests.
Art. 847. – Any person who, by imprudence or negligence, or by non-observance of the regulations or duties of his or her office, shall be repressed with minor imprisonment or dismissal, or disciplinary sanction, shall give occasion to the removal of the flow or effect of this chapter by another person.
Art. 848. – The military officer in charge of the correspondence services who, in any way, appropriates or distracts himself or herself or the other person, with prejudice to the military or military administration, of money, turns, values or effects contained in the postal or entrusted parts, of which he has entered into possession on the basis of the service, will be repressed with imprisonment and dismissal.
Art. 849. - The appropriate penalties imposed by the facts provided for in this chapter shall be reduced by one third to one half, if the money or funds obtained for the crime and unduly subsidized, shall be returned voluntarily before it has been cited, the responsible, to make a statement. The death penalty shall be replaced by imprisonment for an undetermined period of time and the latter for twenty-five years of the same penalty.
CHAPTER III
EmbezzlementArt. 850. – The military who gives to the flow or effects he manages, a different application from that to which they are destined, will be subject to disciplinary sanction. If this is the result of damage or obstruction of the service, to which it is intended, it shall be imposed on it less than one to six months and destitution, or disciplinary punishment.
FalsenessesCHAPTER I
Falseness in administration or military serviceArt. 851. – He will be repressed with prison, the military:
1 To counterfeitfully, states, relations, newspapers, books or any other military document, increasing the strength, number of men, cattle, or the days that are owed, exaggerating consumption or giving false reports, or committing any other falsehood in the matter of military administration, for the purpose of which it may cause any harm to the State;
2° That, dollily, forge actions of any military criminal procedure, record books, regency seats or company, license, descent, guides or itineraries, or give to superiors, reports, or issue false certificates, on any object of military service;
3° That not being responsible for the falsehood referred to in the preceding two subparagraphs, he has made use of false documents, knowing that they were;
4° To appropriate or make use of a loss, passport, license or any other document that does not belong to it, even if it is not false;
5° To the detriment of what should be provided to ships, aircraft, bodies, or military personnel, to use false weights or measures;
6° To forge stamps of any military authority or office, intended to be used in documents relating to military service, or to serve as a distinctive sign of objects belonging to the armed institutions;
7° Make use of stamps, marks or counterfeiting cuffs, knowing they are.
Art. 852. – The military physician, who in the exercise of his or her duties, reports or falsely certifies, or conceals the existence of any illness or injury, or who exaggerates or attenuates the severity of the condition that actually suffers from any military in service, shall be punished with imprisonment for four months to one year, except for the greatest penalties in which he or she has incurred, if he has mediated cohecho.
Art. 853. – A military officer who, for the injury of the State or of the military, fraudulently makes use of seals, marks or real cloaks, of the nature of those specified in article 851, paragraph 6 and 7, and for some of the applications expressed therein, shall be sentenced to a minor imprisonment for up to one year, without prejudice to the other criminal responsibilities in which he has incurred for the acts executed.
Art. 854. - In the cases of the three preceding articles, the military courts may apply the dismissal, in addition to the penalties laid down by them.
CHAPTER II
Forgery, concealment, substration or destruction of public or official documentsArt. 855. – He will be repressed with a major prison, or with imprisonment for three to six years, the military who in public documents or emanates from competent authority by abusing his position commits falsehood, so that he may be prejudiced:
1 Contraacting or phinging lyrics, signature or rubric;
2° Assuming in an act the intervention of people who have not had it;
3° Attributing to those who have intervened in it, statements or manifestations different from those they have made;
4° Lacking the truth in the narrative of the facts;
5° By altering the true dates;
6° Making in a true document any alteration or interpolation that varies its meaning;
7° Giving a fruitful copy of an alleged document, manifesting in it something contrary or different from what the original contains;
8th Hiding, substituting or destroying, with prejudice to the State or a particular person, any official document.
CHAPTER III
Other falsehoodsArt. 856. - Anyone who, in any way not specified in this title, confines, supposes, alters or conceals maliciously the truth, with prejudice to the service or of third parties, by words, written or deeds, shall be repressed with minor imprisonment, from four months to one year.
Art. 857. - In the same sentence of the previous article, a military person who submits to the superior complaint or aggrieved, based on allegations or false accusations, shall incur.
CHAPTER IV
Usurpation of military decorations, uniforms, distinctives and badgesArt. 858. – The military who will publicly use uniforms, distinctives, military badges, medals or decorations that do not belong to him will be repressed with a minor prison for four months to one year.
The same penalty shall be imposed on any military who makes use of foreign decorations, medals or badges, without permission from the competent authority.
Art. 859. – The individual who incurs the facts provided for in the first paragraph of the previous article shall be repressed with imprisonment for up to two years.
Evasion of prisoners and prisonersArt. 860. – Anyone who is serving a custodial sentence, for a sentence imposed by a military court and escapes, shall be subject to an increase of one quarter of the sentence applied to him.
If the escape is carried out with violence in persons, force in things, excavation or escalation, the penalty shall be increased by one third, provided that the offender has not committed a more serious offence, in which case the escape is considered an aggravating circumstance.
Art. 861. – If the sentence of imprisonment for an undetermined period of time was served, the time elapsed would not be counted for the purposes set out in article 534.
Art. 862. – The military who puts himself at liberty, tries or favors the escape of a prisoner, placed in his custody, will be repressed with imprisonment for up to eight years.
Art. 863. – The military who, by any means, will seek, favor or manage the escape of military prisoners, not subjected to their custody, will be repressed with:
1 Imprisonment up to four years, if the escaped person is prosecuted or convicted of an offence with death or imprisonment for undetermined time;
2° Imprisonment less than one or two years, if he is prosecuted or convicted of an offence whose term of imprisonment is for a specified time, or imprisonment;
3° In all other cases, the penalty shall be imprisonment for less than six months or suspension of employment or dismissal.
Art. 864. – The person guilty of evasion of prisoners of war shall be repressed with imprisonment for up to eight years, except for the case set out in article 622, paragraph 17.
Art. 865. - If evasion takes place with violence in people, force in things, excavation or escalation, the military or military guilty of complicity in the act, will be repressed with the maximum penalties set out in the preceding articles.
Art. 866. - If the escape of prisoners or prisoners of war is caused by the negligence of the military personnel responsible for their surveillance, custody or conduct, dismissal or other disciplinary sanction shall be imposed, in the first case, and in the latter case in the minor prison.
Crimes committed by prisoners of warArt. 867. - Prisoners of war who commit any of the offences covered by this Code shall be tried in accordance with their provisions.
Art. 868. – They will be repressed with death, or with indeterminate detention for undetermined time, the officers prisoners of war, released on promise not to return to the struggle, who are taken with the weapons in hand.
Art. 869. - In case of revolt or rioting of prisoners of war, they shall be repressed:
1 The main actors, with death penalty;
2° The accomplices, with imprisonment.
Common crimesCHAPTER I
General ruleArt. 870. - Offences for violation of common criminal law or of a special law, in cases under military jurisdiction, shall be repressed under the provisions of the Criminal Code or of the special law violated, except as amended in the following chapter.
Where the same offence is provided, at the same time, by this code and the Criminal Code, or by the special laws of the Nation, and is punishable by different penalties, the military courts shall apply the legal provisions that impose the greatest or most serious penalty.
CHAPTER II
Theft and theftArt. 871. - In the application of the penalties for theft and theft, the military courts shall consider the following as aggravating circumstances:
1 Execute him when he is sentinel, finding himself a safeguard or in the performance of another commission or service;
2° Refer on weapons, gunpowder, ammunition or other military effect;
3° Refer to objects for worship, provided that the offence is committed in a temple or sacred place;
4° Eat it in front of the enemy;
5° Commit it in a particular home where the agent is housed in a higher order;
6° Execute him in the object of war, fire, flooding or shipwreck, and in the moments of being saved;
7° Execute him in the person of a wounded person, or prisoner of war, or in that of any of the individuals of a ship or aircraft seized, in convoy, or subject to the visit;
8° Execute it in dresses or effects of the dead in combat;
9° Eat it in the campaign and to the detriment of a living room or trader, who deals with the army;
10. To commit it to the detriment of the public or the administrations of the military bodies;
11. Eat it in objects and aboard a dam when it has not yet been declared such;
12. Subtract or fraudulently destroy documents on board a ship or aircraft detained or captured.
Clarifications for the application of this code and transitional provisionsArt. 872. – The term "military" includes all people who, according to the organic laws of the army, the marine and the aeronautics, have status, employment or military assimilation.
This expression also includes persons who, under the same laws, are part of the reserves of the armed forces while serving.
The National Gendarmerie, as well as any other militarized body which, by its organic laws or statutes, has been subject to military jurisdiction, shall be considered, as soon as this code applies to them, as members of the armed force establishing its statute or organic law.
Art. 873. – For the purposes of the application of this law, they shall be considered as military:
1 Prisoners of war;
2° During the state of war, or of its imminent danger, the citizens, employees and workers of the military divisions and those official or private units, which the executive branch has militarized, for the greater efficiency of the services.
Art. 874. – Officers, it is the generic designation that distinguishes those who possess degree from subtenant to general army, and their equivalents, in the other military institutions.
By sub-offices and classes, all military personnel who are assigned by the respective organic laws shall be understood.
All personnel who do not belong to the categories of officer, sub-official or class, and to civilians without military assimilation, for any reason, are subject to military jurisdiction.
Art. 875. – The denomination "high officers", includes, only the generals of army, division and brigade, and colonels; admirals, vice admirals, counter admirals and captains of ships; and general brigadiers, senior brigadiers, brigadiers and comodoros.
The term "superior officers and chiefs", includes from general of army to greater, even, and their equivalents.
The term "subbaltern chiefs and officers", includes from Lieutenant Colonel to subtenant, including, and their equivalents.
Art. 876. - By "armed institutions" or "armed forces", the military, marine and aeronautics will be understood.
The term "official combatants" includes the officers of arms and command.
Art. 877. – It will be considered "superior", to the military who has with respect to another, higher degree, or authority by virtue of the position he holds, as a holder or by succession of command.
The term "sub-altern" shall be deemed to be a military officer who has a lower grade, or is subordinated to him by virtue of his position, as a holder or by succession of command.
Art. 878. – It is understood by act of service, everyone who refers to or relates to the specific functions that each military is responsible for, by the fact that they belong to the armed forces.
Art. 879. – It is understood by act of the arms service, which is carried out in the following functions:
1 Combating;
2° Security; like being: guards, guards, rondines, patrols, faction;
3° Material handling; such as: direction of ships, vessels, aircraft, war machines, tanks, railways, motors;
4° Training; such as exercises, manoeuvres, academies;
5° Training; like: zafarranchos, inspections, honors, magazines, parades. The arms service includes the preparatory and final acts, from their inception with the appeal of the staff, to their termination with the withdrawal of the personnel.
Art. 880. – Once the word "convoy" is used in this code, it will also be understood that it refers to "aircraft formation" when the precept is applicable to aeronautics. When the word "convoyed" is used, the word "collected" will be understood in the same circumstances.
The concept of aerial formation, squadron, air operation, air bases, and other aeronautical terms used in this code will be the one that establishes aeronautical laws and regulations in this respect.
Art. 881. – It is considered that a fact has occurred in front of the troop, when it is witnessed by more than five individuals with military status.
It is considered formed troupe, the lowest organic subunit assembled in formation, for any act of service.
Art. 882. – The time of war, for the purposes of the application of this code, begins with the declaration of war, or when it actually exists, or with the decree of mobilization for the imminent war, and ends, when the cessation of hostilities is ordered.
Art. 883. – It is considered that a force is in front of the enemy, from the moment it has undertaken security services against it.
Art. 884. – It is considered that a force is on the ground, when it operates in places or territories declared in a state of war, even if it is ostensibly not an armed enemy, and when for reasons of government or state, the military authority provides that the troops will serve as a time of war.
Art. 885. - This code will begin to apply two months after its promulgation; from that moment on, the former will be repealed, as well as any other then existing provision, which is in opposition to it.
The executive branch shall, within the time limit expressed in part one of this article, proceed with the new constitution of the war councils and the appointment of other military justice officials, in the manner established in this law.
Art. 886. - Imprisonment sentences, imposed by application of the previous code, are replaced, in full, by the sentence of imprisonment, as provided for by this code.
Those convicted of the application of the repealed code shall be benefited from the pre-trial detention period provided for by this law, in cases which it has not been prohibited.
Art. 887. - In any non-consummated statute of limitations, the following shall be observed:
1 If the term fixed in it, for the statute of limitation, is greater than the term specified by the previous laws, it shall be to what they have;
2° If, on the contrary, it was minor, it will be to the requirements of this code.
Art. 888. - Military criminal procedural laws shall apply since their enactment, even in cases involving previous offences whose sentences are not enforceable, except for express provision against them.
The proceedings and the procedural acts performed in accordance with the law repealed or suspended remain valid unless the new law expressly provides otherwise.
