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Wartime Military criminal codes

FIRST BOOK - On military criminal law of war, in general

SECOND BOOK - On military offence and punishment, in general

THIRD BOOK - On military offences in particular

FOURTH BOOK - On military criminal procedure of war

FIRST BOOK - On military criminal law of war, in general

Title I - On military criminal law of war and its application

Art. 1. Concept of military criminal law of war.

Besides this Code, military criminal law of war comprises any other special law or lawful provision in military criminal matters pertaining to war.

Art. 2. Promulgation of laws of war when the national armed forces are in aforeign country.

The laws of war, issued when the national armed forces are in a foreign country, are promulgated either as prescribed therein or, if not prescribed, by the commander of the forces themselves; they become immediately mandatory unless otherwise provided by law.

Art. 3. Military criminal law of war in relation to time.

The military criminal law of war applies to offences named therein that have been committed wholly or in part from the moment when the state of war is declared to the moment of its cessation.

Art. 4. Military criminal law of war in relation to places.

The military criminal law of war applies to offences named therein when they are committed in places that are or are considered to be in a state of war.
Nevertheless, in a state of war, the military criminal law of war applies to offences provided for by law even if they are committed in places that are not nor are considered to be in a state of war:

    1. when specifically laid down by law;
    2. when these offences are likely to cause a damage to war military operations or relevant services or to the conduct of war in general.

Art. 5. Application of the military criminal law of war in case of urgent and absolute need. (1)

(1) This article has been abrogated by article 2 of Law n. 42 of March 18, 2003.

Art. 6. Military criminal law of war in relation to persons.

Military criminal law of war applies to all military personnel serving with branches of service, corps, vessels, aircraft or services in general destined to war operations, even if the offence is committed is places that are not in a state of war.
In places that are in a state of war military personnel are considered permanently in service.

Art. 7. Concept of military status.

Under this Code:

    1. military person refers to all members of the Army, Navy, Air Force, Customs Guard, (1) militarized individuals and any other person who is lawfully given military status, individuals assimilated to servicemen as well as the members of paramilitary corps or volunteer units authorized to take part in the war;
    2. national armed forces refers to all above-mentioned military forces.

The provisions of the military criminal law regarding the infringement of military regulations also apply to assimilated individuals both for infringements committed in relations among them and infringements committed against military persons as well as militarized individuals or viceversa. These provisions also apply to volunteer units or corps as laid down in the previous subsection.

(1) To include the Carabinieri Army, which has taken on the rank of armed force under article1 Law 31 March 2000, n.78.

Art. 8. Assembly of vessels or aircraft; detached land forces.

The application of the criminal law of war may also be ordered in time of peace by decree of the President of the Republic for an assembly of vessels of aircraft or detached land forces for any military or police operation.

Art. 9. Expeditionary forces abroad. (1) (2)

Until a new organic law on military criminal matters takes effect, expeditionary forces abroad for armed military operations are subject to the military criminal law of war, even in time of peace, from the beginning of border crossing or boarding a vessel or aircraft. The crews of military vessels or military aircraft are subject to the military law of war upon notification of their destination.
With regard to the matters related to the aforementioned operations abroad, for acts committed because of or on duty, the military criminal law of war shall also apply to the command and control and supporting staff, either on the national territory or in other countries, upon notification of their assignments.

(1) This article has been so replaced by article 2, sub-section 1, lett. a ), Law n. 6, January, 31, 2002.

(2) See article 3, Law n. 6, January 31, 2002, quoted here below:

«1. In relation to the multinational operation called "Enduring Freedom", the wartime military criminal Code applies to the subjects mentioned at article 9 of the same wartime military criminal Code, as modified by the present law».

Art. 10. Military operations for public order reasons. (1)

(1) This article has been abrogated by article 2 of Law n. 42 of March 18, 2003.

Art. 11. Mobilization of national armed forces.

In respect to the military offences committed by the members of the mobilized forces, partial or general mobilization of the armed forces implies the application of the military criminal law of war.

Art. 12. Prisoners of war who are in power or custody of the Italian State.

Prisoners of war who are in power or custody of the Italian State are subject to the military criminal law of war applicable to the Italian military personnel except as otherwise provided for in law and international conventions.

Art. 13. Offences committed by the members of an enemy military force against war laws and customs.

The provisions of Title IV, Book Three of this Code concerning offences committed against wartime laws and customs also apply to military personnel and any other member of the enemy armed forces when any of these offences have been committed to the detriment of the Italian State or a subject thereof or of an allied state or a subject thereof.

Art. 14. Persons unrelated to the national armed forces.

In addition to the cases explicitly provided for in law, the military criminal law of war applies to any persons unrelated to the national armed forces who commit one of the offences punishable under articles 138, 139, 140, 141 and 142.

Art. 15. Military persons belonging to allied states or states associated in war.

For the purpose of military criminal law of war, the offences committed by Italian military persons or by persons unrelated to the Italian armed forces to the detriment of military persons or armed forces of an allied state are considered as having been committed to the detriment of Italian military persons or armed forces. The observance of this provision is subject to the condition that the allied state ensures equal criminal protection to the Italian military persons and armed forces.
For the purposes of the provisions of this Code, the term allied state also comprises the state associated in war operations or participating in the same expedition or campaign. (1)

(1) This sub-section has been replaced to reflect article 2 of Law n. 6 of January 31, 2002.

Art. 16. Offences committed by Italian war prisoners, or other Italian military abroad.

Except for the preceding articles provisions, the military criminal law of war applies in case of offences committed by Italian military, who are war prisoners of the enemy, to the detriment of other Italian military or of the Italian State; it also applies in case of general mobilization, for offences committed abroad by any other Italian military.

Title II - Supreme Commander

(1) The original rubric: "On the issuing of military calls-up" has been so replaced by article 2, sub-section 1, lett. i), Law n. 6, January 31, 2002.

Art. 17. Supreme Commander. (1) (2)

For the purposes of the military criminal law, supreme commander is the one who is invested with the command of all the operating forces.

(1) See note at Title II.

(2) The first three sub-sections of this article have been abrogated by article 2, sub-section 1, lett. h), Law n. 6, January 31, 2002.

Art. 18. Cases of serious and impending external danger. (1)

(1) This article has been abrogated by article 2, sub-section 1, lett. h), Law n. 6, January 31, 2002.

Art. 19. Military occupation. Military expeditionary corps. (1)

(1) This article has been abrogated by article 2, sub-section 1, lett. h), Law n. 6, January 31, 2002.

Art. 20. Mandatory effect of military calls-up. (1)

(1) This article has been abrogated by article 2, sub-section 1, lett. h), Law n. 6, January 31, 2002.

Title III - On the cessation of the application of the military criminal law of war

Art. 21. Armistice.

Armistice do not suspend the application of the military criminal law of war and the exercise of the wartime military jurisdiction, unless otherwise provided for by decree of the President of the Republic.

Art. 22. Cessation of the application of the military criminal law of war.

With the cessation of the state of war, the application of the military criminal law of war and the exercise of the wartime military jurisdiction also cease, unless otherwise provided for by law.
For members of national forces abroad, the application of the military criminal law of war ceases upon their repatriation.

Art. 23. Ultra-activity of the military criminal law of war.

For offences provided for by the military criminal law of war, committed during the state of war, the penalties under the above mentioned law shall still apply, even if the criminal proceedings start after the cessation of the state of war, and even though the military criminal law of peacetime or the common criminal law do not envisage those facts as offences and provide for more favourable provisions for the offender.

Art. 24. Prisoners of war in power or in custody of the Italian State.

Even after the cessation of the state of war, war prisoners in power or in custody of the Italian State are subject to the military criminal law of war for the offences envisaged by it, until their repatriation.
International conventions shall apply for those war prisoners who, at the date of the cessation of the state of war, are under penal proceedings or serving a sentence.

SECOND BOOK - On military offence and punishment, in general

Title I - General provisions

Art. 25. Place of execution of the death sentence (1).

During the state of war, the death sentence shall be executed in the place established by the Unit command where the military court which passed the sentence is located, except as otherwise prescribed by law.

(1) The punishment has been cancelled in respect to offences punishable under the penal Code (legislative decree n. 224 of August 10, 1944) and in respect to crimes made punishable by special laws, other than wartime military laws (legislative decree n. 21 of January 22, 1948). The Law n. 589 of October 13, 1994 establishes that in respect to offences punishable under the military penal Code of war and the military laws of war, the death penalty has been abolished and commuted to the maximum punishment prescribed under the penal Code.

Art. 26. Mitigated punishments owing to serious injury or acts of military valour.

In case of serious physical injury suffered by the culprit in action or during war duties, or in case of acts of valour performed in the same circumstances, the established punishment may be reduced as follows:

    1. a death sentence (1) with demotion and a life sentence may be commuted into confinement from ten to twenty years;
    2. a sentence to be shot in the chest may be commuted into military confinement from six to fifteen years;
    3. the other punishments may be reduced by a third to two thirds.

(1) See note at article 25.

Art. 27. Publication of the verdict of guilty.

Unless otherwise directed by the judge, an abstract of the death sentence (1) or life sentence pronounced by a Court Martial for treason, espionage or desertion to the enemy or in the enemy's presence, shall be published and posted in the places designated by the peacetime military penal Code as well as in the municipal office of the last place of residence/abode of the convict.

(1) See note at article 25.

Art. 28. Commander's power to remit punishments.

In wartime, the supreme commander, by issuing individual orders, has the power to remit any terms of confinement not exceeding one year and any money penalties adjudged by Courts Martial.
The commander of an expeditionary force during war operations outside Europe has the same power.
The remit is null and void if, in wartime, the convict commits a malicious offence punishable by confinement under the law, or a more severe punishment.

Title II - On deferred execution of confinement and additional punishments

Art. 29. Confinement.

Except as provided under article 32, the execution of confinement for not more than ten years, inflicted by any judge for any offence, shall be deferred if the convict committed the offence while serving with mobilized units or if he was assigned to such units after committing the offence.
The Minister of Defence or the Supreme Commander, if the convict is subordinate to him, having heard the military attorney general of the Italian Republic, may order to defer the execution of any term of temporary confinement also in other cases than those mentioned in the previous subsection.
In wartime, a deferred execution of punishment under the previous subsections does not prevent the execution of punishments inflicted by successive sentences from being deferred.

Art. 30. Suspension from duty and privation of rank.

In the cases in which the execution of punishment is deferred under the previous article, also the execution of the additional punishments of suspension from duty and privation of rank is deferred.

Art. 31. Demotion.

Any military person who has been demoted as a result of a sentence to confinement, whose execution has been deferred under article 29, shall continue to serve with the armed forces as long as the punishment is not executed and in that period demotion will produce the effects of dismissal.

Art. 32. Conditions barring deferment of punishment execution.

Deferment of punishment execution cannot be ordered or, if ordered, is annulled:

    1. if the convict is no longer serving with the armed forces for any reason or has become permanently unfit to carry out war duties, unless his unfitness is due to physical injury suffered or illness caught in action or during war duties;
    2. if the convict's enlistment has been declared void.

Art. 33. Deduction of the term of service with special combat units from the term of confinement.

If a person sentenced to confinement, whose execution has been deferred, is assigned to special combat units as a result of his condition, his term of service with the special combat Unit shall be deducted from his term of confinement.

Art. 34. Deferred execution of punishment of persons unrelated to the armed forces.

If the supreme commander believes that a person unrelated to the armed forces performs indispensable and irreplaceable functions in facilities or corps ready for war, to which that person is assigned, the commander, having heard the military attorney general of the Italian Republic, may order to defer the temporary confinement inflicted to the above person.
The same power is exercised by the Commanders in Chief of the maritime and air forces within the scope of their respective commands.

Art. 35. Deferment of punishment execution in relation to its extinction.

The period of deferment of a punishment execution under the previous articles is not taken into account when reckoning the length of the term of punishment in view of its extinction.

Art. 36. End of the state of war: execution of punishment.

At the end of the state of war, except as provided under Title III of this Code, confinement and the additional punishments of suspension from duty and privation of rank, whose execution has been deferred under the previous articles, shall be executed.
In addition, if the sentence to confinement whose execution has been deferred includes demotion, the convict shall be separated from the armed forces.

Art. 37. Execution: commutation of punishments. Enemy prisoners of war.

When a sentence must be executed under the previous articles during or after a state of war, the provisions of the peacetime military penal Code on commutation of punishments apply.
If convicts are prisoners of war, article 166 applies.

Title III - On special cases of extinction of offence

Art. 38. Extinction due to the convict's conduct.

At the end of the state of war, an offence is extinguished if the offender sentenced to military confinement for not more than three years, whose execution has been deferred under articles 29 and 34, has not committed any further offence and has not been repeatedly subject to very severe disciplinary punishments after the sentence.
In that case, the main punishment is not executed and the sentence has no longer any penal effects.

Art. 39. Sentences for offences provided for in the common criminal law.

The previous article is also applicable to sentences to confinement for not more than two years inflicted for offences provided for in the common criminal law.

Art. 40. Extinction of offence due to acts of valour.

Even before the end of the state of war, an offence is extinguished if the offender, sentenced to a punishment whose execution has been deferred under articles 29 and 34, has obtained a promotion for war merit or an award for bravery owing to acts of personal valour performed after the sentence. In that case, article 38, second subsection is applicable.

Art. 41. Concurrence of punishments in case of annulled deferment.

The provisions on concurrence of punishments are applicable in case of annulled deferment of execution of punishments inflicted by more than one sentence.

..OMISSIS..

THIRD BOOK - On military offences in particular

ON MILITARY OFFENCES, IN PARTICULAR.

.. OMISSIS ..

Title IV
ON OFFENCES AGAINST WAR LAWS AND USAGES.

Chapter I
GENERAL PROVISIONS.

Art. 165. Enforcement of the wartime military criminal law in relation to armed conflicts. (1)

The provisions of this title apply to all cases of armed conflict, independently from the declaration of the state of war.
For the purposes of the wartime military criminal law, by "armed conflict" a conflict is meant, where at least one of the parties involved makes a militarily organized and extended use of arms against another to carry out war operations.
Pending the issuing of rules organically regulating the matter, the provisions of this title shall also apply to military operations carried out by Italian armed forces abroad.

(1) The first sub-section and the rubric of this article have been replaced by art. 2, sub-section 1, lett. d) of Law 31 January 2002 n. 6; the second and third sub-sections have been added by art. 2, Law 27 February 2002 n.15.

..OMISSIS..

Chapter III

ON UNLAWFUL ACTS OF WAR.

..OMISSIS..

Section II

ON UNLAWFUL ACTS AGAINST ENEMY PRIVATE CITIZENS OR PROPERTIES.

Art. 185. Violence of Italian military personnel against enemy private citizens or of inhabitants of occupied territories against Italian military personnel.

Any military person who, unnecessarily or in any case without any justification, does violence, for reasons associated with the war, against enemy persons who are not participating in military operations, shall be punished with military confinement for up to five years. (1)
If the violence is a murder, an attempted murder or a manslaughter or a serious or very serious wound, the punishments provided for in the penal Code shall be applicable. However, the temporary sentence of detention can be increased.
The same punishments shall be applicable to the inhabitants of the enemy territory occupied by the Italian armed forces, who do violence against any member of the foregoing armed forces.

(1) At first sub-section, the words "up to two years" have been replaced by "up to five years", to reflect article 2 of Law n. 6, of January 31, 2002.

Art. 185-bis. Other offences against persons protected by international conventions. (1)

Except when the fact constitutes a more serious offence, the serviceman who, for reasons associated with the war, is guilty of torture or inhuman treatment, illegal transfers or other conduct prohibited by international conventions, including biological experiments or medical treatments not justified by health conditions, against war prisoners, civilians or other persons protected by international conventions, is punished with two (2) to five years military imprisonment.

(1) This article has been added by article 2 of Law n. 6, of January 31, 2002.
(2) The words " with one to five years" have been replaced by "with two to five years", to reflect article 3 of Law n. 15, of February 27, 2002.

Art. 186 Looting.

Any person who commits an act deigned to lead to looting in attacked towns or other places shall be punished with death (1) and demotion.

(1) See note at article 25.

Art. 187. Fire, destruction or damage in an enemy country.

Any person in an enemy country who, not being compelled by the need to conduct military operations, sets a house or a building on fire or destroys them by any other means shall be punished with imprisonment for no less than fifteen years.
If the death of one or more persons results from this act, shall be punished with the death sentence (1) with demotion.
The same provisions apply in case of fire or destruction or serious damage suffered by historic monuments, works of art, scientific works or buildings destined to worship, charity, education, arts or sciences, including those belonging to the enemy State.

(1) See note at article 25.

Art. 188. Unlawful appropriation of goods.

Any military or non military person serving or accompanying the national armed forces who, without being compelled or authorised, unlawfully appropriates victuals, clothing or equipment or has them handed over to him, shall be punished with military confinement for up to five years.
If the offence is committed in concert with one or more persons, the punishment shall be increased by a third to a half.
If violence is done, a term of military confinement from one to eight years is applicable.

Art. 189. Failure to prevent unlawful appropriation of goods.

Any officer or NCO, who does not do everything in his power to prevent the offence provided for in the preceding article, shall be punished with military confinement for up to one year.

Chapter IV
ON BREACH OF OBLIGATIONS TOWARDS SICK, WOUNDED, SHIPWRECKED OR DEAD MILITARY PERSONS AS WELL AS MEDICAL PERSONNEL.

Art. 190. Failure to assist sick, wounded or shipwrecked military persons.

Any military person assigned to the medical service, who, during or after a combat, fails to assist sick, wounded or shipwrecked military personnel or non military persons accompanying the warring forces, including enemy, shall be punished with military confinement from one to ten years.
If any of the above-mentioned offences is committed culpably, a term of military confinement of up to seven years is applicable.

Art. 191. Use of weapons against ambulances, hospitals, ships and aircraft utilised for medical evacuation and relevant personnel.

Any person using weapons against ambulances, hospitals, mobile medical facilities, medical installations, hospital ships or relevant craft, aircraft assigned to the military medical system and any other place in which the sick or wounded are treated, or against the personnel assigned therein, who in compliance with the international law or conventions should be respected and protected, shall be punished with military confinement for no less than ten years.

Art. 192. Maltreatment of sick, wounded or shipwrecked persons.

Any person who mistreats sick, wounded or shipwrecked persons, including enemy, shall be punished with imprisonment for no less than five years.
In case of serious maltreatment or abuse, a term of imprisonment of no less than ten years shall be applicable; furthermore, if the offence is committed by a person charged with transporting or assisting the sick, wounded or shipwrecked person, a life sentence is applicable.
The death sentence (1) with demotion is applied if the death of the sick, wounded or shipwrecked person results from the offence.

(1) See note at article 25.

Art. 193. Despoliation of sick, wounded or shipwrecked persons.

Any person who despoliates sick, wounded or shipwrecked persons, including enemy, shall be punished with imprisonment from five to ten years.
If the offence is committed with violence against the person a term of imprisonment of no less than ten years is applicable.
If the culprit is a person charged with transporting or assisting the sick, wounded or shipwrecked person, the following punishments are applicable:

    1. imprisonment for no less than fifteen years in the case provided for in the first subsection;
    2. a life sentence in the case provided for in the second subsection.
    The death sentence (1) with demotion is applied if the death of the sick, wounded or shipwrecked person results from the offence.

(1) See note at article 25.

Art. 194.Violence against medical personnel and ministers of religion.

Except for the case provided for in article 191, any person who does violence against any member of the medical personnel who, in compliance with the international law and conventions, must be respected and protected, shall be punished with imprisonment from five to fifteen years.
The same punishment is applicable if the offence is committed against any of the ministers of religions assigned to the armed forces.
If the violence in question is a murder, an attempted murder or manslaughter, or a very serious personal wound, the corresponding punishments provided for in the penal Code are applicable. The temporary sentence of detention, however, shall be increased.

Art. 195. Failure to release members of the medical service or ministers of religion.

Any person who, breaching the international law or conventions, does not hand over or does not release or in any case detains any of the persons mentioned in the preceeding article, once they have accomplished their duties in hospitals, ambulances or other places where they served, shall be punished with military confinement from one to five years.

Art. 196. Mutilation, outrage and stealing of a corpse.

Any person who mutilates or disfigures the corpse of a soldier killed in battle or commits insulting, brutal or obscene acts on it or steals parts of it or all the corpse, shall be punished with imprisonment for no less than ten years.

Art. 197. Despoliation of a corpse or stealing of money or other property.

Any person who on the battlefield despoils a corpse in order to make a profit or steals money and valuables from a corpse shall be punished with imprisonment from five to fifteen years.
If the offence is committed in concert with one or more persons, the punishment shall be increased by a third to a half.

Art. 198. Discretionary disavowal of the status of legitimate belligerent.

The commander who does not treat the enemy legitimate belligerents who are in his power or who are sick, wounded or shipwrecked in compliance with the international law or conventions and, therefore, seriously harms the above mentioned persons or gives rise to reprisals, shall be punished, for this sole reason, with military confinement for no less than three years.

.. OMISSIS ..

FOURTH BOOK - On military criminal procedure of war

ON MILITARY CRIMINAL PROCEDURE OF WAR (1)

(1) In accordance with art. 9, decree law n. 421, December 1, 2001, converted, with amendments, into Law n. 6, January 31, 2002, the provisions of this Book Four, whose text is quoted here below, shall not apply to the multinational Operation called "Enduring Freedom":

"Legal provisions.

1. The provisions contained in Book Four of the military criminal Code of war on wartime military criminal procedure, approved with Royal decree n. 303, February 20, 1941, shall not apply.

1. The provisions concerning the wartime military judicial rules contained in Part II of the military judicial rules, approved with Royal decree n. 1022, September 9, 1941, and later amendments, shall not apply.

1. The territorial jurisdiction lies with the military tribunal of Rome.

1. Besides the cases envisaged by article 380, sub-section 1, of the criminal procedure Code, military law enforcement Officers shall proceed to arrest all those caught in the act of any of the following military offences:

    a) aggravated disobedience, as per article 173, sub-section 2 of the peacetime military criminal Code;
    b) revolt, as per article 174 of the peacetime military criminal Code;
    c) mutiny, as per article 175 of the peacetime military criminal Code;
    d) violent insubordination, as per article 186 of the peacetime military criminal Code, and aggravated violence against a subordinate, as per article 195, sub-section 2, of the same Code;
    e) desertion of post or violation of confinement on the part of military on sentry or watch duty, or on the lookout, as per article 124 of the wartime military criminal Code;
    f) forced aggravated confinement, as per article 138, sub-sections 2 and 3, of the wartime military criminal Code.

1. In cases of arrest in the act or detention, if war or operational requirements do not allow that the person under arrest is immediately put at disposal of the military judicial authority, the arrest still maintains its effectiveness, provided that the relative record arrives to the public prosecutor, even via IT means, in 48 hours, and the confirmation hearing takes place -necessarily before the defence counsel- within the following 48 hours. In this case, the notification to the person under arrest or detained is made by the public prosecutor and, unless the objective or operational war circumstances do not allow it, the public prosecutor proceeds to the interrogation, as per article 388 of the criminal procedure Code. The confirmation hearing is held before the investigating judge, under article 391 of the criminal procedure Code, at a distance, via a video-telematic or audiovisual link, which is also achievable via provisional work posts connecting the public prosecutor office (i.e. the courtroom where the confirmation hearing is taking place) and the place of the temporary custody, keeping to procedures such to ensure the simultaneous, actual and mutual visibility of those who are present at the hearing, in both places, and the possibility to hear what is said, without increase of the legal costs for the copies of the acts. The defence counsel, or his substitute, and the defendant can consult with each other confidentially via appropriate technical means. A law enforcement Officer shall be present in the place where the arrested or detained person is, and shall attest his identity, certify that there are no impediments or limitations to the exercise of the rights and faculties he is entitled with and draw up the minutes of the hearing. Without prejudice to the timeliness of the interrogation, the defendant has the right to be assisted, in the place where he is, by another counsel he trusts, or by an Officer present there. Without prejudice to the actions resulted from the interrogation itself, once back in his country, the defendant has the right to be further interrogated according to regular procedures.

1. By the same ways as per sub-section 5, the interrogations of those subjected to the coercive measure of precautionary custody in jail are carried out, when this measure cannot be implemented in a military prison, as provided for by article 294 of the criminal procedure Code, to remain at disposal of the military judicial authority". See also art. 12 of decree law n. 9, January 20, 2004, converted, with amendments, into Law n. 68, March 12, 2004, quoted below:

" Provisions on criminal matters.

1. The military employed in the operations under articles 2 and 3, sub-sections 2 and 3, are subject to the wartime military criminal Code and article 9 of decree law n. 421, December 1, 2001, converted, with amendments, from Law n. 6, January 31, 2002.

1. Offences committed by a foreigner on the Iraqi or Afghan territory, to the detriment of the Italian State or citizens participating in the missions under articles 2 and 3, sub-sections 2 and 3, shall always be punished on request of the Minister of Justice, having heard the Minister of Defence, for offences committed to the detriment of members of the armed forces.

1. For offences under sub-section 2, the territorial jurisdiction lies with the tribunal of Rome.

1. The military employed in operations under articles 3, sub-sections 1, 4 and 5, 4, sub-sections 2, 3 and 4, are subject to the peacetime military criminal Code and articles 9, sub-sections 3, 4, letters a), b), c) and d), 5 and 6 of decree law n. 421, December 1, 2001, converted, with amendments, into Law n.6, January 31, 2002".

..OMISSIS..
[Source: Wartime Military Criminal Codes, Office of the Military Attorney General of the Republic, III Edizione Roma, agosto 2006. By way of: Ministero della Difesa website.]

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This document has been published on 05Sep17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.