1 Alexander I, c. 09.XI.10
Chapter I: Application
Chapter II: Service Offences
Chapter III: Disciplinary Procedure
[top]
1. Subject to the pleasure of the Sovereign, this Code binds members of the Royal Hapan Armed Forces and the Royal Hapan Support Corps exclusively.
2. Any person under the authority of this Code who:
a) Actually commits,
b) Does or omits to do something for the purpose of aiding someone to commit,
c) Counsels another soldier or officer to commit,
d) Or conspires with other soldier(s) or officer(s) in committing
a listed offense shall be punished according to the disciplinary measures of this Code.
3. Ignorance of a provision of the present Code or of any other Hapan statute or regulation passed by the Sovereign in Council shall not be an excusable defense for violation thereof.
4. Unless otherwise specified, the accused must have had intent to commit an act or omission specified in Section 2, above.
5. All soldiers, officers and other personnel under the authority of this Code are also subject to any provisions of the Criminal Code that do not conflict with, overlap with, or simply repeat a provision of this Code.
[top]
1. Insubordination: Any soldier who disobeys, defies, threatens, or fails to show proper respect to a superior officer.
a) A subordinate who reasonably doubts the lawfulness of his superior’s command has the right and obligation to report to the latter’s superior officer and be instructed on whether such concerns are founded.
b)The subordinates of an officer who follow the unlawful command of the latter will neither be incriminated nor disciplined for having followed such a command for so long as they had acted in good faith.
2. Misuse of Equipment: Any person who uses conferred Hapan equipment outside the scope of his assigned task or duty, without the approval of his Division officer.
3. Abuse of Authority: Any officer who abuses his rank or appointment. This includes, but is not limited to:
a) Bribery;
b) Allowing unauthorized cargo or passengers into a Hapan ship, vehicle or building;
c) Mistreatment of subordinates; and
d) Reckless and grossly unreasonable command decisions.
4. Unauthorized Information Sharing: Any person who relays, or renders public, information pertaining to the internal functions, roster, inventory, missions or any other tactical or restricted subjects to people outside of his/her division or fleet without the written authorization of His Division commander.
Any soldier who divulges the aforementioned information to people outside of the Hapes Consortium shall be charged with violating c. IV s. 2 (Espionage) of the Criminal Code.
5. Desertion: Any soldier who willfully abandons from His Majesty’s service without a duly consented leave or release thereof, or fails to report to duty with the intention of evading said service.
6. Mutiny: Any person who starts, leads or partakes in an open or covert revolt to overthrow the legitimate authority of a ship, army, or any other division of the service.
[top]
1. The High Court shall have jurisdiction over all cases and violations arising under this Code, and shall be considered a Military Tribunal for such purposes, in which the Chancellor shall utilize the military rank that is equivalent to his or her civilian rank.
2. The High Court may subpoena any person to speak or testify before them.
3. The accused has the right to be represented by counsel. This right may be waived if the waiver is clear, unambiguous, and recorded.
4. Any participants of a process under this Code that provide false testimony may be charged with c. II s. 11 (Perjury) of the Criminal Code.
5. The High Court shall have authority to render judgment in all cases arising under this Code and to levy any appropriate military disciplinary measures on the accused if deemed guilty.
6. The guilt of the accused shall be decided on the balance of facts, with no burden of proof borne by either the Defense or the Crown.
7. The following are considered to be military disciplinary measures that may be exercised by the High Court:
a) Reprimand: A severe and formal reproof condemning the offender’s actions.
b) Censor: An order banning the offender from speaking in any channels or forums specified by the presiding authority for a specified time frame.
c) Punishment Tour: The offender shall be transferred to a less favourable or more dangerous assignment for a specified duration.
d) Suspension: The offender shall be relieved from his rank and duties within the Forces, including all authority and privileges thereof, for a specified amount of time.
e) Withholding Pay: The offender’s monthly salary shall be withheld for a determinate period of time.
f) Demotion: A reduction in the offender’s rank, accompanied by all applicable loss of privileges and responsibilities.
g) Expulsion: The offender is formally stripped of all his military commendations, rank and uniform, and expelled from the Service.
8. Petitions for appeal of a ruling of the High Court may be submitted to the Royal Court no later than two (2) days following the date of the High Court's final judgment.
|