List of offenses under the Austrian Military Criminal Law

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This list contains all criminal offenses of the Austrian Military Criminal Law, including the penalty framework. There is no special military jurisdiction in Austria. The ordinary criminal courts have material jurisdiction.

I. Offenses against conscription

paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit
I. Offenses against conscription
§ 7 1 Failure to comply with the draft order 3 months 180 day sets
2 Convocation to the GWD does not comply for more than 30 days 1 year
3

1. to a militia exercise
2. to a substitute presence service
3. an extraordinary exercise
4. to a deferment
presentation service

1 year
§ 8th 1 Unauthorized absence longer than 24 hours 6 months 360 daily rates
2 longer than 8 days 1 year
§ 9 1 Desertion 6 months 5 years
2 Mitigation of sentences
§ 10 Induction of incapacity for service
1 longer than 24 hours 6 months 360 daily rates
longer than 8 days 1 year
2 forever 6 months 5 years
3 before he has become a soldier, commits an act specified in paragraph 1 6 months 360 daily rates
commits an act specified in Paragraph 2 3 years
§ 11 Disqualification through deception
1 longer than 8 days 1 year
2 forever 6 months 5 years
3 before he has become a soldier, commits an act specified in paragraph 1 6 months 360 daily rates
commits an act specified in Paragraph 2 3 years

II. Offenses against military order

paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit
II. Offenses against military order
§ 12 disobedience 2 years
§ 13 Negligent failure to obey orders 1 year
§ 14 Serious disobedience 5 years
§ 15 Common purpose
§ 16 Appointment for community disobedience 2 years
2 Exclusion reason
§ 17 Impunity for failure to obey orders
§ 18 mutiny 5 years ten years
§ 19 Appointment for mutiny 3 years
2 Exclusion reason
§ 20 Joint attack on military superiors 1 year ten years
§ 21 1 Appointment to jointly attack military superiors 2 years
2 Exclusion reason
§ 22 Assaulting a manager and assaulting a manager 1 year
§ 23 Intoxication on duty 6 months 360 daily rates

III. Offenses against the duty of guards

paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit
III. Offenses against the duty of guards
§ 24 Intentional absence of the watch
1 1 year
2 if there is a danger to life, health or physical safety or a significant disadvantage 2 years
in action 6 months 5 years
§ 25 Negligent failure to watch 1 year

IV. Offenses against other duties

paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit
IV. Offenses against other duties
§ 26 1 Deliberate disclosure of a military secret 2 years
2 if there is a danger to life, health or physical safety or a significant disadvantage 1 year ten years
§ 27 1 Negligent disclosure of a military secret 6 months 360 daily rates
2 if there is a danger to the life, health or physical safety of people or a significant disadvantage 1 year
§ 28 Common purpose
§ 29 1 Violations of the obligations to report and to transmit orders 2 years
in action 6 months 5 years
§ 30 Negligent Violations 1 year
§ 31 1 Military theft 3 years
2 who steals from another soldier 1 year
§ 32 Damage to military equipment 1 year

V. Criminal offenses against the duties of superiors and senior officials

paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit
IV. Offenses against other duties
Section 33 1 Neglect of the duty of care 1 year
when a soldier dies 3 years
§ 34 Abuse of the service position 2 years
§ 35 Degrading treatment 2 years
§ 36 Assault on subordinates and assault on subordinates 1 year
§ 37 Input suppression 6 months 360 daily rates

VI. Criminal offenses against duties in action

paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit
VI. Criminal offenses against duties in action
§ 38 1 Special breach of duty on duty 1 year ten years
2 1 year 5 years
3 3 years
4th 1 year
5 Non-application

See also

Individual evidence

  1. ↑ Federal Act of October 30, 1970 on Special Criminal Law Provisions for Soldiers (Military Criminal Law - MilStG) RIS , accessed on August 16, 2017