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6. Offences
against the code of conduct
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Article 38-Offences
of unlawful orders
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| 38.1 |
Offences of unlawful
orders |
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The offence of unlawful order is when a superior rank gives a direct order to a lower ranked member of the armed forces both of whom are not in combat which is in contravention to the Military Code, Criminal Code and/or Constitution of Americas Union. |
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Primary Fact(s) |
| 1. That at a time and place a member of the armed forces was given a direct order by a superior officer; |
| 2. That all orders not in combat which contravene the Military Code, the Criminal Code and the Constitution of Americas Union are unlawful; |
| 3. That the actions of the accused contributed to the unlawful order; |
| 4. That the actions of the accused were done with the knowledge and intent to give an unlawful 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;
b) If order related to the staying at post and 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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