Military criminal law
The military criminal law is the special criminal law for offenses within or against the armed forces are committed in a country. Criminal offenses against international legal provisions during war do not belong to military criminal law in the narrower sense. These are regularly referred to separately as international criminal law .
In principle, military criminal law is based on general criminal law. However, certain peculiarities require different regulations.
- The action on the command may be a justification his or excuse.
- A danger to yourself can not apologetic usually emergency pose for a soldier.
- There are also forms of sanctions ranging from disciplinary measures to criminal arrest .
Important criminal offenses in military criminal law include desertion , unauthorized absence ("from the troops") and refusal to obey.
Germany
Criminal offenses within the Bundeswehr are regulated in the Military Penal Act. The criminal offenses against national defense comprises a separate section in the Criminal Code (5th section in the special part), Sections 109 - 109k StGB. Crimes against international law (war crimes and genocide ) are regulated in the International Criminal Code.
Austria
In Austria, military criminal law in the narrower sense can largely be found in the Military Criminal Law (MilStG). Criminal offenses against the armed forces can be found in §§ 259, 260 Austrian Criminal Code . Genocide is regulated in Section 321 of the Austrian Criminal Code.
Switzerland
In Switzerland, the military criminal law largely determines after the Military Criminal Code . For formal law there is an independent procedural order for the military criminal process . Criminal offenses against national defense are classified in the thirteenth title of the civil penal code , Art. 276–278 StGB-CH; Genocide is included under Article 264 of the Swiss Criminal Code.
United States
The Uniform Code of Military Justice serves as the legal basis for American military justice .
