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12. Offences against the state
 
  Article 81-Offences relating to assets of the military  
81.1 Offences relating to assets of the military  
  The assets of the military is any and all realised and unrealised property, whether or not having monetary value, held by the state whether it be by law, regulation or for the general operation of government and the business of government administration.  
81.2 Undervalued sale or transfer  
  The offence of undervalued sale or transfer of assets of the military is when a person is involved in the sale and/or transfer of assets of the military and the sale/transfer price is substantially lower than the open market value of the asset(s).  
 
 Primary Fact(s)
 1. That at a time and place an asset of the state was sold and/or transfered for a value;
 2. That prior to and/or subsequent to the transfer/sale of the particular asset of the state, a valuation of the asset indicated that it was sold for substantially less than its open market value, for no lawful reason;
 3. That the actions of the accused contributed to the undervalued sale and/or transfer of the asset in question;
 4. That the actions of the accused were done with the knowledge and intent to undersell/transfer an asset.
 
 
 Penalty Conditions (Level 2-Offence)
Type
 Condition(s)
1-3
 a) if total under valuation of assets is less than 1 times annual average wages;
4-6
 a) if total under valuation of assets is more than 1 times and less than 3 times annual average wages;
 
 
 Penalty Conditions (Level 3-Offence)
Type
 Condition(s)
1-3
 a) if total under valuation of assets is more than 3 times and less than 6 times annual average wages;
4-6
 a) if total under valuation of assets is more than 6 times and less than 12 times annual average wages;
 
 
 Penalty Conditions (Level 4-Offence)
Type
 Condition(s)
1-3
 a) if total under valuation of assets is more than 12 times and less than 24 times annual average wages;
4-6
 a) if total under valuation of assets is more than 24 times and less than 36 times annual average wages;
 
 
 Penalty Conditions (Level 5-Offence)
Type
 Condition(s)
1-3
 a) if total under valuation of assets is more than 36 times and less than 50 times annual average wages;
4-6
 a) if total under valuation of assets is more than 50 times annual average wages;
 
81.3 Unlawful sale or transfer  
  The offence of unlawful sale or transfer of assets of the military is when a person is involved in the sale and/or transfer of assets of the military that is unlawful according to existing statutes and/or regulations concerning the disposal of such specific assets.  
 
 Primary Fact(s)
 1. That at a time and place an asset of the state was sold and/or transfered;
 2. That such a sale and/or transfer required a proper approval process and/or disclosure which did not take place as required by law;
 3. That the actions of the accused contributed to the unlawful sale and/or transfer of the asset;
 4. That the actions of the accused were done with the knowledge and intent to unlawfully sell and/or transfer of the asset;
 
 
 Penalty Conditions (Level 2-Offence)
Type
 Condition(s)
1-3
 a) if total value of assets is less than 1 times annual average wages;
4-6
 a) if total value of assets is more than 1 times and less than 3 times annual average wages;
 
 
 Penalty Conditions (Level 3-Offence)
Type
 Condition(s)
1-3
 a) if total value of assets is more than 3 times and less than 6 times annual average wages;
4-6
 a) if total value of assets is more than 6 times and less than 12 times annual average wages;
 
 
 Penalty Conditions (Level 4-Offence)
Type
 Condition(s)
1-3
 a) if total value of assets is more than 12 times and less than 24 times annual average wages;
4-6
 a) if total value of assets is more than 24 times and less than 36 times annual average wages;
 
 
 Penalty Conditions (Level 5-Offence)
Type
 Condition(s)
1-3
 a) if total value of assets is more than 36 times and less than 50 times annual average wages;
4-6
 a) if total value of assets is more than 50 times annual average wages;
 
     
     
 
 

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