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7. Offences
against the code of combat
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Article 41-Offences
against orders
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| 41.1 |
Offences against orders in combat |
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An offence against a lawful order in combat is when a person in combat is given a direct lawful order by a superior officer to which they did not obey in susbstantial part, or whole; |
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Primary Fact(s) |
| 1. That at a time and place a member of the armed forces in combat was given a direct order by a superior officer; |
| 2. That the actions of the accused contributed to the non observance in substantial part, or whole of the direct lawful order; |
| 3. That the actions of the accused were done with the knowledge and intent to substantially disobey or wholly disobey the direct order; |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) If order related to an activity of clerical/functional/support, not involving weapons; |
4-6 |
a) If order related to a personal physical activity, not involving weapons; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) If order related to activity associated with military equipment not involving live ammunition; |
4-6 |
a) If order related to a system requiring safety standards involving dangerous materials; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) If order related to an activity involving the use of live weapons; |
4-6 |
a) If order related to the receiving/analysis of classified information;
b) If order related to the transmission of classified information; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) If order related to the staying at post and the use of live weapons; |
4-6 |
a) If order related to advance/attack on enemy and the use of live weapons;
b) If order related to support/defence of other personnel against the enemy and the use of live weapons; |
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