Document: The law of military crimes
Type of document: Law
Date of issue: 15/02/1979
Number of Legal Instrument: Law No 22
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 17/05/2016
Source: Official Gazette 6 of 3 March 1979
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BLAS ROCA CALDERIO , President of the National Assembly of the People's Power of the Republic of Cuba.
I DO KNOW: That in the session of the National Assembly of People's Power, held from 28 to 30 December 1978, corresponding to the second regular session, the following was approved:
AS FOR: The approval of a new Penal Code requires, at the same time, to pass a Law on Military Crimes, in order to maintain the due harmony and correlation between both legal bodies.
AS FOR: The Military Crimes Act regulates only military crimes, that is, the socially dangerous actions or omissions prohibited by the law, which directly affect the order of military service, committed by the military, and They are also applicable to the provisions of the General Party and the Special Party of the Criminal Code as soon as they do not contradict the specific provisions of the Code.
AS REGARDS : The Military Crimes Act is based on the principles of socialist law and the practice of justice of our armed institutes since the founding of the Rebel Army in the Sierra Maestra, and in accordance with these guidelines, its rules, As a condition indispensable to the effective protection of the fundamental political and economic interests of the Republic entrusted to these armed institutes, it regulates the sanction in order to she has reeducational purpose on the repressive and, even, replaces her with disciplinary measures, without criminal character, where the offence is of minor importance or the agent lacks or presents little social danger, this has been demonstrated through the indices which, to the effect, are pointed out.
BY TANT: The National Assembly of People's Power agrees:
ACT NO. 22
THE LAW OF MILITARY CRIMES
CHAPTER I
CONCEPT AND IMPLEMENTATION
ARTICLE 1.-1. Military crime is considered to be any socially dangerous act or omission prohibited by this Law under the terms of a criminal sanction, and which directly affects the order of compliance with the military service.
2. It is not considered a military offence, the action or omission that, even if it is gathering the elements that constitute it, is without social danger because of the limited entity of its consequences and the personal conditions of its author.
ARTICLE 2.-Military crimes can be committed by:
(a) members of the Revolutionary Armed Forces, the Youth Labor Army, and the Ministry of Interior, in active military service;
(b) reservists, when they are called upon to carry out military training or military services;
(c) other persons expressly determined by the law
ARTICLE 3.-The provisions of the Penal Code are applicable to military crimes and persons related to the previous article, except when they contradict specific regulations of this Law, which are based on the conditions and Circumstances of the military service.
CHAPTER II
CRIMES AGAINST SUBORDINATION
SECTION FIRST
VIOLENCE AGAINST THE BOSS OR A SUPERIOR
ARTICLE 4.-1. The person who exercises violence against the boss or a superior in relation to the performance of his or her military obligations, without causing injury or without medical assistance, incurs a penalty of deprivation of liberty. Six months to five years.
2. If, as a result of the event provided for in the previous paragraph, injuries are not endangering the life of the victim, nor do they leave a deformity, incapacity or any other anatomical, physiological or psychological sequelae, but they require treatment For his healing, the sanction is from two to eight years of imprisonment.
3. If, as a result of the event referred to in paragraph 1, serious injury or death of the victim is caused, the penalty is imprisonment of eight to twenty years or death.
SECTION 2
RESISTANCE OR COERCION TO THE BOSS OR TO A SUPERIOR
ARTICLE 5.-1. The one who opposes resistance to the boss or a superior, or coerced him into failing to comply with his military obligations, is punishable by imprisonment from six months to three years.
2. If the event provided for in the previous paragraph is carried out with the use of a weapon or a group or of the same result serious consequences, the penalty is of imprisonment of four to twelve years.
3. If, as a consequence of the facts provided for in the preceding paragraphs, serious injury or death of the chief or superior is caused, the penalty is of imprisonment of eight to twenty years or death.
SECTION III
THREAT TO THE BOSS OR A SUPERIOR
ARTICLE 6.-1. The person who threatens a boss or superior to cause death or injure him, finding them in the performance of their military obligations, or on occasion or on occasion, incurs a penalty of imprisonment of six months to two years.
2. If the fact provided for in the previous paragraph is made using a weapon, the penalty is one of imprisonment of one to five years.
3. In the case of paragraph 1, if any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION 4
INSUBORDINATION
ARTICLE 7.-1. The person who expressly refuses to comply with an order of the head related to the service or the military discipline, or the intentional violation, incurs a sentence of imprisonment of six months to three years.
2. In the same sanction, it incurs that which expressly refuses to comply with an order of a superior related to military discipline, or intentionally fails to comply with it.
3. If the facts provided for in the above paragraphs are carried out in a group or in the same way as serious consequences, the penalty is one to eight years of imprisonment.
4. When insubordination does not cause serious consequences and there are some of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation applies.
SECTION QUINTA
DISOBEDIENCE
ARTICLE 8.-1. The fact that, without committing the offence of insubordination, no longer fulfils an order of the head related to the military service or discipline, or modifies it, or exceeds its compliance, incurs a penalty of imprisonment of three months to two years.
2. If any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION 6
COLLECTIVE COMPLAINT
ARTICLE 9.-1. Those who, together and in number of three or more, make claims or petitions, incur a penalty of deprivation of liberty from six months to five years.
2. If the fact described in the previous paragraph does not cause serious consequences and there are any of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation applies.
3. For the purposes of this article, it is considered that there is a claim or collective request even if one is only the one that expresses or presents it, provided that it has the representation of the others and they agree.
SECTION 7
OFFENSE TO THE BOSS OR A SUPERIOR
ARTICLE 10.-1. The subordinate or subaltern who offends the boss or a superior, meeting one or the other in the performance of his military duties, incurs a three-year sentence of imprisonment of three months.
2. If any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
CHAPTER III
OFFENCES IN THE EXERCISE OF COMMAND
SECTION FIRST
VIOLENCE AGAINST SUBORDINATE OR SUBALTERN
ARTICLE 11.-1. The boss or the superior who, on the occasion of the fulfilment of his military obligations, exercises violence against a subordinate or subaltern, without causing injury or without requiring medical assistance, incurs a penalty of deprivation of freedom from six months to five years.
2. If, as a result of the event provided for in the previous paragraph, injuries are not endangering the life of the victim, nor do they leave a deformity, incapacity or any other anatomical, physiological or psychological sequelae, but they require treatment For his healing, the sanction is from two to eight years of imprisonment.
3. If, as a result of the event referred to in paragraph 1, serious injury or death of the victim is caused, the penalty is imprisonment of eight to twenty years or death.
SECTION 2
OFFENSE TO SUBORDINATE OR SUBALTERN
ARTICLE 12.-1. The Chief or the superior who, on the occasion of the performance of his military duties, seriously offend a subordinate or subordinate, incurs a penalty of imprisonment of three months to three years.
2. If any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION III
ABUSE IN OFFICE
ARTICLE 13.-1. The chief or officer who, in a repeated or personal interest, carries out functions which are not attributed to him or who exceeds his position, incurs a sentence of imprisonment of six months to three years.
2. If, because of the facts provided for in the preceding paragraph, serious consequences are caused to the activity or to the interests of the military institutions or to any of the members of the military, even if it is not in a repeated or personal interest, the sanction is of imprisonment of two to ten years.
3. In the case of paragraph 1, if any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION 4
NEGLIGENCE IN THE SERVICE
ARTICLE 14.-1. The chief or officer who, in a repeated manner, negligently performs his duties or duties of the service, incurs a penalty of imprisonment of three months to two years.
2. If, because of the negligent conduct, even if it is not repeated, serious consequences are caused to the activity or to the interests of the military institutions, the sanction is one to eight years of imprisonment.
3. In the case of paragraph 1, if any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION QUINTA
COMMON PROVISION
Article 15.-For the purposes of this Chapter, an official is considered to be an officer who, whether or not having the status of chief, is a temporary or permanent member by reason of his or her military duties or duties, duties of head or other economic-administrative, organizational or management.
CHAPTER IV
CRIMES AGAINST THE MILITARY IN SERVICE OF GUARD
SECTION FIRST
VIOLENCE AGAINST SENTINEL OR OTHER MILITARY
ARTICLE 16.-1. The person who acts violence against a sentinel or other military officer who is in compliance with the obligations of the combat guard, guard, guard, escort, guard, patrol or other special service, incurs a penalty of Three-month deprivation of liberty for three months.
2. If the fact provided for in the previous paragraph is carried out in a group or used to use a weapon or a serious consequence, the penalty is a imprisonment of two to eight years.
3. If, as a result of the facts provided for in the preceding paragraphs, serious injury or death of the victim is caused, the penalty is of imprisonment of eight to twenty years or death.
SECTION 2
RESISTANCE OR COERCION AGAINST SENTINEL OR OTHER MILITARY
ARTICLE 17.-1. The person who is resisting or coercing a sentinel or other military officer who is in compliance with the obligations of the combat guard, border guards, guard, escort, custody, patrol or other special service, incurs Three months to two years of imprisonment.
2. If the fact referred to in the previous paragraph is carried out in a group or used to use a weapon or a serious consequence, the sanction is one of imprisonment of one to five years.
3. If, as a result of the facts provided for in the preceding paragraphs, serious injury or death of the victim is caused, the penalty is of imprisonment of eight to twenty years or death.
CHAPTER V
AVOIDANCE OF MILITARY SERVICE OBLIGATIONS
SECTION FIRST
DESERTION
ARTICLE 18.-1. A penalty of imprisonment of one to five years is incurred, which, without justified cause and for a term of more than 15 days, is absent from the unit or place where it provides services, or is not present after the end of the term, where available, or at the end of a pass, permit, vacation or other authorization, or when assigned to a command, transferred or designated to serve any service, or to be released, or discharged from a hospital.
2. In a war situation or during combative actions, the crime provided for in the previous paragraph is integrated after forty-eight hours.
3. If the actions provided for in paragraph 1 are evidence of the intention to definitively evade military service, the offence is considered to be committed regardless of the end of the period.
SECTION 2
ABSENCE WITHOUT PERMISSION
ARTICLE 19.-1. It is punishable by imprisonment of three months to two years, which, without justified cause and for a term of more than forty-eight hours without exceeding 15 days, is absent from the unit or place where it provides its services or is not present. after the expiry of the term of office, or at the end of a pass, leave, vacation or other authorization or when assigned to a command, transferred or designated to serve any service, or to be released, or given discharge from a hospital.
2. In the same sanction, it incurs the fact that, on a number of occasions, it commits the event provided for in paragraph 1 for up to forty-eight hours in a period of three months and has imposed disciplinary corrections for that infringement.
3. In the case of paragraph 1, where one of the special circumstances provided for in Article 49.1 of this Law and the absence does not exceed seven days, the Disciplinary Regulation applies.
4. In a war situation or during combative actions, this crime is considered to be committed in the course of any term that does not exceed forty-eight hours.
SECTION III
EVASION OF THE OBLIGATIONS OF THE MILITARY SERVICE FOR SELF-HARM
ARTICLE 20.-The one who, in order to avoid the fulfillment of his obligations to the military service, is self-harming or intentionally contracting any illness, incurs penalty of deprivation of liberty from six months to five years.
SECTION 4
AVOIDANCE OF SERVICE OBLIGATIONS THROUGH SIMULATION OF DISEASE, FRAUD OR OTHER MEANS
ARTICLE 21.-1. The fact that, in order to evade the fulfilment of its obligations to the military service, simulate illness, falsify medical document, permit or pass or any other document, or use another deception or artifice, it incurs a sanction of deprivation of freedom of one to five years.
2. In the same way, it incurs that under any pretext, the fulfillment of its obligations with the military service is rehrun.
3. If any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
CHAPTER VI
OFFENCES RELATING TO THE OPERATION OF MILITARY TRANSPORT
SECTION FIRST
INFRINGEMENT OF RULES ON THE CONDUCT OR OPERATION OF ARMOURED OR TRANSPORT VEHICLES
ARTICLE 22.-The fact that, in violation of the provisions relating to the safety of the transit or the specific rules that govern the operation or the driving of the armoured cars or of transport, cause the death or serious injury to another one or cause other serious consequences, it incurs a penalty of deprivation of liberty of one to ten years.
SECTION 2
INFRINGEMENT OF RULES ON THE PREPARATION OR PERFORMANCE OF FLIGHTS
ARTICLE 23.-The one who, in violation of the rules governing the preparation or performance of flights, causes death or serious injury to another or causes an aerial catastrophe or other serious consequences, incurs a sanction of deprivation of liberty of three to ten years.
SECTION III
INFRINGEMENT OF THE RULES ON NAVIGATION
ARTICLE 24.-The one that, in violation of the rules that norman the navigation, causes the death or serious injury to another or the sinking or breakdowns of consideration to military ship or other serious consequences, incurs in sanction of deprivation of freedom of three ten years.
SECTION 4
ABANDONMENT OF MILITARY SHIP SHIPWRECKED OR IN DANGER OF SHIPWRECK
ARTICLE 25.-1. The commander of a military vessel that is shipwrecked or in danger and leaves him
In order to comply fully with its obligations, it incurs a penalty of imprisonment of five to fifteen years.
2. The member of the crew who leaves a military vessel that is shipwrecked or in danger without the authorization of his or her commander or who has replaced him shall be subject to a penalty of imprisonment of three to eight years.
CHAPTER VII
OFFENCES COMMITTED IN THE PERFORMANCE OF SPECIAL SERVICES
SECTION FIRST
INFRINGEMENTS OF THE RULES RELATING TO THE SERVICE OF COMBAT GUARD
ARTICLE 26.-1. The one who, being a member of the duty shift of a combat envelope, crew, command post or small guard unit intended for the protection of the inviolability of the air, sea or land of the Republic of Cuba or to refuse a surprise attack by the enemy, placed in a situation that makes it impossible for him to fulfill his obligations, or abandons his post, or, in any other way, infringes the rules that govern the compliance of the combative guard and puts it (a) the extent to which the mission assigned or the purposes for which the service has been created is in danger; Six months to three years of imprisonment.
2. If the offence causes serious consequences, the penalty is imprisonment of three to twelve years.
3. In the case of paragraph 1, if any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION 2
INFRINGEMENTS OF THE RULES ON THE SERVICE OF BORDER GUARDS
ARTICLE 27.-1. The member of the troops in charge of the defence of the border who, in the duty of duty, is placed in a situation which makes it impossible for him to fulfil his obligations, or to leave his post, or, in any other way, to infringe upon them. rules which govern the enforcement of the border guard service, and thereby endanger the purposes for which that service is established, it incurs a penalty of deprivation of liberty from six months to three years.
2. If the offence causes serious consequences, the penalty is for three to ten years of imprisonment.
3. In the case of paragraph 1, if any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION III
INFRINGEMENTS OF THE RULES RELATING TO THE ON-CALL SERVICE
ARTICLE 28.-1 The sentinel or other member of the guard intended for the protection of warehouses or depots of arms, combat or ammunition, as well as other important objectives, which during his duty is placed in a situation which makes it impossible for him to fulfil his obligations, or to leave his post, or, in any other way, to infringe the provisions of the law relating to the on-call service, or the orders or instructions issued for the enforcement of that service; service and put in this way in danger the purposes for which it is established itself, incurs In the case of a three-month sentence of imprisonment, two years.
2. The one who, by providing the services of the patrol, infringes the rules that govern these services and causes, for this reason, harmful consequences for whose prevention was designated the patrol, postor or guard of vigilance that carries out, incurs in penalty for deprivation of liberty from six months to five years.
3. The member of the guard or custody services, which infringes the rules that govern such services and causes, for this reason, harmful consequences for whose prevention was established the guard or custody that performs, incurs in sanction from one to eight years of imprisonment.
4. If the infringement provided for in paragraph 1 does not cause serious consequences and there are any of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation applies.
SECTION 4
INFRINGEMENTS OF THE INTERNAL SERVICE REGULATION
ARTICLE 29.-1 The member of the guard of the internal service of the unit who, during his turn, infringes the provisions of the Rules of the Interior Service and thereby jeopardises the purposes for which he is established, incurs in penalty of imprisonment of three to nine months.
2. If the offence provided for in the previous paragraph results in harmful consequences for the prevention of which the service was assigned to the infringer, the penalty is for the imprisonment of six months to three years.
3. If the infringement provided for in paragraph 1 does not cause harmful consequences and there are any special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation applies.
CHAPTER VIII
CRIMES AGAINST THE SECURITY OF MILITARY SECRECY
SECTION FIRST
DISCLOSURE OF SECRETS
ARTICLE 30.-1. The one who reveals military information that constitutes a state secret, when the proposed purpose is not to cooperate with the enemy, is punishable by imprisonment of four to ten years.
2. If the fact provided for in the previous paragraph causes serious consequences, the penalty is a deprivation of liberty from eight to fifteen years.
3. When military information is not to be disclosed and is not a state secret, the sanction is a six-month period of imprisonment.
4. If the fact provided for in the previous paragraph causes serious consequences, the penalty is a imprisonment of two to five years.
5. If the fact provided for in paragraph 3 does not cause serious consequences and there are some of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation applies.
SECTION 2
LOSS OF DOCUMENT, EQUIPMENT OR OTHER SECRET OBJECT
ARTICLE 31.-1. He who, in breach of the rules, orders or provisions governing the special security and secrecy regime, loses a document content of military information or equipment or object, the data or characteristics of which constitute State secrecy, In the case of a sentence of imprisonment of six months to three years.
2. If the fact provided for in the previous paragraph causes serious consequences, the penalty is for three to ten years of imprisonment.
3. When the document, equipment or object lost constitutes a secret for its classification and content, the penalty is for a three-month period of imprisonment.
4. In the case of the previous paragraph, if any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
SECTION III
INFRINGEMENTS OF THE SPECIAL SECURITY AND SECRECY REGIME
ARTICLE 32.-1. The person who infringes the rules, orders or provisions that regulate the special security and secrecy regime, incurs a penalty of imprisonment of three months to one year.
2. If any of the special circumstances provided for in Article 49.1 of this Law are met, the Disciplinary Regulation applies.
CHAPTER IX
CRIMES AGAINST MILITARY ASSETS
SECTION FIRST
DAMAGE TO MILITARY ASSETS
ARTICLE 33.-1 Which, without the purpose of cooperating with the enemy, intentionally destroys, inuses or damages considerably armaments, ammunition, means of transport, military installation or other military goods or goods assigned to the service of the military units or institutions, it incurs a penalty of deprivation of liberty of one to five years.
2. If the fact provided for in the previous paragraph causes death or serious injury to a person or produces serious consequences, the penalty is a imprisonment of two to ten years.
3. In the case of paragraph 1, where the injury is of limited value and there are any of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation or the Material Liability Regulation applies.
SECTION 2
DISPOSAL OR LOSS OF MILITARY ASSETS
ARTICLE 34.-1. The person who sells or in any way has assets of military property or assigned to the service of the military units or institutions, which have been delivered to him for the provision of the service or for personal use in the service, incurs a penalty Six months to three years of imprisonment.
2. If the goods referred to in the previous paragraph were weapons, ammunition or other means of combat, the penalty is one to eight years of imprisonment.
3. Where the good is of little value, the fact does not cause prejudice to the combative provision and there are any of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation or the Rules of Procedure Material Liability or both.
ARTICLE 35.-1. The fact that, in violation of the rules laid down in this respect, he loses arms, ammunition, technique, costumes or other goods that have been delivered to him for the use of the service, he incurs a sentence of imprisonment of three months to two years.
2. If the lost property is of limited value, it does not cause prejudice to the combative disposition and there are any of the special circumstances provided for in Article 49.1 of this Law, the Disciplinary Regulation or the Rules of Procedure Material Liability or both.
CHAPTER X
CRIMES AGAINST MILITARY HONOR
DISHONORABLE CONDUCT
ARTICLE 36.-The one who incurs in action or omission evidently unseemly or who seriously attacks against the military honor, is punished with imprisonment of three months to three years.
CHAPTER XI
OF THE AGGRAVATION OF SANCTIONS IN THE SITUATION OF WAR OR DURING THE FIGHTING ACTIONS
ARTICLE 37.-In a situation of war or during the fighting actions, because of their social danger, the crimes provided for in the present Law are related, they are sanctioned:
(a) with deprivation of liberty of one to five years the offences of negligence in the service (Article 14.1), resistance or coercion against sentinel or other military (Article 17.1), disposal of military assets (Article 34.1) and loss of assets military (Article 35.1);
(b) with deprivation of liberty of two to eight years of threat to the head or a superior (Article 6.1), violence against sentinel or other military (Article 16.1), evasion of the service by means of simulation of disease, fraud or other means (Article 21.1), and infringement of the rules relating to the service of combat guards (Article 26.1)
(c) with deprivation of liberty of three to ten years of violence against the boss or a superior (Article 4.1), threat to the boss or a superior (Article 6.2), insubordination (Article 7.1), collective complaint (Article 9.1), violence against subordinate or subaltern (Article 11.1), absence without permission (Article 19), infringement of the Internal Service Regulation with harmful consequences (Article 29 (2)) and damage to military assets (Article 33.1);
(ch) with deprivation of liberty of five to 15 years of violence against the boss or a superior (Article 4.2), resistance or coercion to the boss or a superior (Article 5.1), violence against subordinate or subordinate (Article 11 (2)), negligence in the service with serious consequences (Article 14 (2)), violence against sentinel or other military, group or arms (Article 16.2), resistance or coercion against sentinel or other military, group or arms (Article 17 (2)), military service obligations for self-harm or any intentionally contracted disease (Article 20) and the disposal of means of combat (Article 34.2);
(d) with deprivation of liberty of ten to twenty years or death the offences of resistance or coercion to the boss or a superior with arms or group (article 5.2), insubordination in group (article 7.3), abuse in office with serious consequences (article (i) a reduction in the number of accidents (Article 18), the abandonment of a military vessel shipwrecked or in danger of shipwreck (Article 25), infringements of the rules relating to the combat service with serious consequences (Article 26 (2)), service of border guards with serious consequences (Article 27 (2)), infringements of the rules relating to the on-call service with harmful consequences (Article 28 (3)), and damage to military goods with serious consequences (Article 33.2).
CHAPTER XII
OFFENCES COMMITTED DURING THE FIGHTING ACTIONS
SECTION FIRST
ABANDONMENT OR SURRENDER TO THE ENEMY OF THE TROOPS OR THE MEANS OF EXECUTION OF THE WAR
ARTICLE 38.-The chief who abandons or gives to the enemy the troops who are under his command, when it is not for the purpose of cooperating with the enemy, incurs a penalty of imprisonment of ten to twenty years or death.
ARTICLE 39.-The chief who delivers or abandons the fortifications, the combat technique or other considerable material means, when this does not motivate him the circumstances of combat and whenever it is not in order to cooperate with him enemy, he incurs penalty of imprisonment of ten to twenty years or death.
SECTION 2
ABANDONMENT OF COMBAT OR REFUSAL TO COMBAT
ARTICLE 40.-1. The one who fled during war action or refuses to fight, remain or be placed in the post that is pointed out in the fight, or execute acts that can produce dispersion of own forces, incurs penalty of deprivation of liberty from ten to twenty years or death.
2. If, as a consequence of the requirement of a superior or of his own will, the required initiates or returns to the action or reoccupies his post, the sanction is of imprisonment of three months to five years.
3. In the case of the previous paragraph, where the fact does not cause loss of life or does not produce serious consequences, the exemption from criminal liability may be declared.
SECTION III
VOLUNTARY DELIVERY AS A PRISONER
ARTICLE 41.-The one who, by cowardice, does not fulfill his military duty and voluntarily surrender himself as a prisoner to the enemy, incurs punishment of imprisonment of ten to twenty years or death.
SECTION 4
MISTREATMENT OF A PRISONER OF WAR
ARTICLE 42.-1. The one who seriously mistreats a prisoner of war, incurs imprisonment of six months to three years.
2. In the same sanction, it incurs that in any way he mistreates an injured or sick prisoner or disregards the fulfillment of the obligations that are assigned to him for his care and healing.
SECTION QUINTA
LOOTING
ARTICLE 43.-1. The one who, in the region of military actions, with profit motive, despoiled money or other belongings to the wounded, dead or prisoners, incurs punishment of imprisonment of one to five years.
2. If the fact provided for in the previous paragraph is committed repeatedly or in a group or the appropriate amount is of considerable value, the penalty is of imprisonment of five to twenty years or death.
SECTION 6
VIOLENCE AGAINST THE POPULATION IN THE REGION OF MILITARY ACTIONS
ARTICLE 44.-1. The fact that, in the region of military actions, acts violence against the population or destroys or illegally occupies property under the pretext of military necessity, it incurs a penalty of imprisonment of one to eight years.
2. If the facts described in the previous paragraph are committed repeatedly or with ensing or are caused considerable material damage, the penalty is of imprisonment of eight to twenty years or death.
SECTION 7
MISUSE OF RED CROSS BADGES OR SYMBOLS
ARTICLE 45.-The one who, in the region of military actions, uses illicitly insignia, flags or symbols of the Red Cross, incurs punishment of imprisonment of three months to two years.
CHAPTER XIII
CRIMES COMMITTED IN THE SITUATION OF A PRISONER OF WAR
ARTICLE 46.-The prisoner who voluntarily participates in works for the military benefit of the enemy or in other activities that harm the Cuban State or its allies, provided that the fact does not constitute treason to the Fatherland, incurs sanction of deprivation of liberty from five to fifteen years.
ARTICLE 47.-1. The prisoner who holds a command post and acts violence or mistreats other prisoners, incurs imprisonment of five to twenty years.
2. If, as a result of the fact provided for in the previous paragraph, serious injury or death of a prisoner is caused, the penalty is imprisonment of eight to twenty years.
ARTICLE 48.-1 The prisoner who carries out acts intended to harm other prisoners by personal ambition or in order to achieve advantages on the part of the enemy, incurs imprisonment of two to eight years.
2. If, as a result of the event provided for in the previous paragraph, the death of a prisoner is caused, the penalty is imprisonment of eight to twenty years or death.
CHAPTER XIV
APPLICATION OF THE RULES OF THE DISCIPLINARY REGULATION
ARTICLE 49.-1. The special circumstances provided for in this Law, which replace the requirement of criminal liability to the military for disciplinary responsibility, are, inter alia, the following:
(a) good discipline maintained by the military before the event and the successes achieved in political and military preparation;
(b) where the offender has acted or ceased to act on account of fatigue or physical exhaustion as a result of the excessive provision of services;
(c) direct influence on their conduct for physical or psychological indisposition;
(ch) absence or ignorance of military habits of the military service of the short time;
(d) have acted in a rational response to provocative or offensive actions of the boss or of the superior, or of the subordinate or subaltern;
(e) the unlawful conduct of the head or the superior or the subordinate or the deputy has led to the commission of the act;
(f) the fact has been committed under the influence of another military man with more time on the service;
(g) that the commission of the event has been caused by an erroneous interpretation of the functional duties or the interests of the service;
(h) any other circumstance which the uses of the military service, the political, moral and disciplinary state of the unit or the socialist legal conscience advise to appreciate.
2. Under war or during combat actions, where there are any special circumstances, the provisions of the Disciplinary Regulation may be applied in dependence on the social danger of the event or the personality of the offender.
3. The concurrence of special circumstances is determined by the corresponding chiefs or by Military Prosecutors or the Military Courts.
CHAPTER XV
GENERAL PROVISIONS
ARTICLE 50.-1. The military is exempt from criminal responsibility, which, finding itself as sentinel, patrol or in compliance with other guard services, makes rational use of the weapons to repel an obvious attack against the people or objectives it protects or custody, as well as the personnel who are part of the service that they serve; and also when, finding themselves in compliance with these services, their orders or preventive voices are not obeyed, as established in the military regulations.
2. Third parties are released from the corresponding civil liability.
ARTICLE 51.-The exemption from criminal liability of the work driven by insuperable fear established by the Penal Code is not applicable to the military.
ARTICLE 52. In the crimes committed by the military are mitigating circumstances, in addition to those mentioned in the General Part of the Penal Code, the following:
(a) have observed good military conduct prior to the commission of the offence;
(b) have executed a heroic action before or after the commission of the offence;
(c) have provided relevant services to the Homeland before or after the commission of the offence;
(ch) have shown sincere repentance through the moral reprobation of his criminal conduct.
ARTICLE 53.-In crimes committed by the military, are aggravating circumstances of criminal responsibility, in addition to those mentioned in the General Party of the Penal Code, the following:
(a) to commit the event when the unit is in a high or complete combat arrangement and is involved in any of the offences which have aggravated sanctions in the situation of war or during the fighting;
(b) commit the criminal act by being the chief or superior in union of his or her subordinates or in the presence of them;
(c) attempt to divert all or part of their criminal liability at any stage of the criminal proceedings, by means of false and intentional imputations with respect to an innocent person;
(ch) the previous commission of a criminal offence, where the Court considers that the offender is more dangerous.
ARTICLE 54. In military crimes, the concerted union of three or more persons is called a group for its commission.
ARTICLE 55.-1. The Military Courts may reduce the minimum limit of the penalty provided for the offence in those cases where, due to the exceptional circumstances of the fact and the personal conditions of the accused, they advise him, which they do On the basis of their judgments.
2. In no case can the Military Court increase the maximum limit of the penalty provided for the offence.
ARTICLE 56.-1. The sanctions of deprivation of liberty imposed on the military are fulfilled in the disciplinary units established for the military.
2. When the penalty of deprivation of liberty imposed on the military does not exceed one year, it can be accomplished in its own unit, if it is decided by the corresponding Military Tribunal.
3. Sanctions that cause the active military service to be reduced are sent to prison establishments that are common to comply with the penalties of deprivation of liberty imposed.
4. In other words, the order of compliance with the custodial sanctions imposed on the military is regulated in the Military Criminal Procedure Law.
ARTICLE 57. In no case, the Military Courts impose on the military personnel who continue to provide the active military service with any ancillary sanction whose execution is incompatible with the order of compliance with the military service and the principles that they are not directly and expressly provided for in the crime committed.
ARTICLE 58.-1. Military-grade deprivation is an ancillary sanction that consists of the descent into a soldier and is established for the military who commit crimes, while circumstances are evidently repulsive to the socialist and incompatible legal conscience, to The trial of the Military Tribunal, with the principles of the military service.
2. In the cases of senior officers, where appropriate, the Military Tribunal proposes that the military grade be deprived of the military grade.
Article 59. In cases where the circumstances referred to in the first paragraph of the previous article are present, the Military Courts may request the body concerned that the penalty be withdrawn from its decorations or titles. or be deprived of them.
ARTICLE 60.-1. In relation to offences committed by the military, they shall not be taken into account to assess the recidivism or the multipurpose:
(a) the penalties for deprivation of liberty provided conditionally where the sanction has not infringed the provisions laid down for the probationary period;
(b) the penalties for deprivation of liberty in respect of which, since their fulfilment, they have decurated the terms laid down in the Penal Code, for the cancellation of criminal records;
(c) the penalties for warning and fine when one year has elapsed since they were complied with.
ARTICLE 61.-1. Before the time limits mentioned in the cases referred to in the previous article are met, the Court may, at the request of the controller or of the collective to which the sanction belongs, declare the relevant criminal record cancelled, if such After extinguishing the sanction, he has demonstrated, with his exemplary and honest conduct in the face of military service and society, that he has been fully reeducated.
2. The Court which has the advance cancellation of a criminal record shall release the communication corresponding to the body in charge of the Central Registry of Sanitary, for the relevant purposes.
ARTICLE 62.-1. The Military Courts, in passing judgment, may have the conditional remission of any penalty of deprivation of liberty imposed if, appreciating the exceptional circumstances of the fact and the personal conditions of the author, exist justified reasons to consider that the objective of the sanction can be achieved with the exemplary reeducation of the sanctioned in the surrounding social environment and not with his internment, which will be stated in the sentence.
2. Conditional Remission is not applicable when, for the offence committed, the loss of a life has been caused, or serious consequences, or the elements of his commission are repulsive to the socialist legal conscience.
3. The remission of the principal sanction of deprivation of liberty may extend its effects to all or some of the ancillary sanctions imposed.
4. The Military Courts, which will make moderate use of this faculty, may agree to the conditional remission of the sanction, in accordance with the provisions of this article, at the request of the military chief or of the collective to which the sanction or the Prosecutor belongs, or ex officio.
5. In the cases provided for in the previous paragraph, the military or collective leader to which the sanction belongs is responsible for the surveillance and re-education of the latter.
6. In the case of conditional remission of the penalty of deprivation of liberty, the trial period, at the end of which the penalty is considered to be extinguished, is fixed by the court for one to five years. If, during the probationary period, the penalty does not observe good conduct or commits a new international crime, the Tribunal leaves that without effect.
7. the penalty for the new crime, plus the previous one, will be fixed to the sanction according to the rules established in the Penal Code for the determination of the joint sanctions.
8. The head or the responsible collective may request the court to reduce the probationary period by taking into account the anticipated performance of its objectives, provided that it has decreased more than half of the period set by the Military Tribunal.
9. It is for the Military Tribunal to sanction the conduct of the sanctioned and any further decision related to the sanction referred to.
Article 63.-In relation to crimes committed by the military, the Court may exceptionally have probation, but in cases where it makes use of this power, the penalty must be met, at least, the third part of the sanction.
Article 64.-In crimes committed by the military, if the fact is not of a social danger, little entity of its consequences and the personal conditions of its author, it can be referred to the Court of Honour by the disposition of the Chief of the Unit, Prosecutor or Military Tribunal.
FINAL PROVISIONS
FIRST: The Minister of the Revolutionary Armed Forces is in charge of presenting to the Council of Ministers the Disciplinary And Material Liability Regulations, applicable to the military.
SECOND: The Law No. 1200 of September 30, 1966, Military Criminal Law, Article 16 of Law No. 1278 of 11 September 1974, and the more laws and laws and regulations that oppose compliance with the provisions of Law No. 1200 of September 30, 1966, are repealed. that is available in this law.
THIRD: This Law will begin to rule once the Penal Code enters into force.
City of Havana, on the 15th of February of a thousand nine hundred and seventy-nine.
Blas Roca Calderio
