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5. Military
justice and punishment
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Article 28-The design
and imposition of punishment of penitence
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| 28.1 |
Penitence |
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Where an offender is not willing to show early remorse upon the first opportunity of hearing of the charge(s) against them and subsequently upon the completion of a trial or military hearing is found guilty of the said charge(s), then they shall be liable for the sentence regime known as penitence corresponding to the articles of this Code. |
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If an offender does not offer a guilty plea to each and every charge brought before them at their pre-trial hearing, then they shall automatically not be eligible for absolution, regardless of how many guilty plea's they offered to various charges. |
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| 28.2 |
The traditional notion of punishment for offence |
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Where an offender is not willing to admit guilt for their offences at an early stage, then the more traditional notion of punishment for offence is appropriate. However, considering that all but the very worst of offences must take into account the eventual release of convicted militarys back into society, the concept of penitence is used. |
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Unlike a person who has admitted early to guilt and has shown a willingness to reform, a person who refuses to admit guilt automatically indicates that a period of compulsory actions must be applied "against their will" for some period. |
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It is only after such initial sentence elements are applied and that a person finally admits their guilt that any kind of rehabilitation can commence. |
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In extreme cases where a convicted person defiantly shows absolutely no guilt or remorse and even more rigourous regime of punishments must be considered to bring about some level of remorse, and eventual change of character. This then is the nature of penitence. |
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