A soldier who commits a prohibited act being the execution of an order shall not commit a crime, unless, by carrying out the order, he intentionally commits a crime. A soldier does not commit a crime if, in the event of disobedience or resistance, he applies the measures necessary to enforce obedience to the order he was entitled to issue, if the circumstances require immediate action, and obedience to the order cannot be achieved otherwise. If the limits of the final need are exceeded, the court may apply extraordinary leniency.
Inability to do military service
In relation to the perpetrator of the offense specified in the military part, who at the time of the act was incapable of performing military service, the court may apply extraordinary mitigation of punishment, or even withdraw from its assessment.
Military arrest is also a punishment applied to soldiers; provisions on the penalty of deprivation of liberty shall apply accordingly to the penalty of military detention. The period of military detention is the shortest of a month, and the longest of 2 years; it is imposed in months and years. Military arrest is served in a designated prison; while serving his sentence, the convicted person is also subject to military training.
Limitation of freedom
While serving a restriction of liberty, the convicted person:
- cannot be appointed to a higher military rank or appointed to a higher official position;
- may not participate in the celebrations and parades organized in a military unit or with the participation of the unit.
Soldiers of services other than the basic serve a sentence of restriction of liberty, remaining in a specific place at the disposal of their superior during the period from the end of their official duties for 4 hours 2 days a week. The court may also order a deduction of 5 to 15% of the monthly basic salary for the indicated social purpose. Basic military service soldiers serve a sentence of restriction of liberty in a separate military unit.
Additional punitive measures
Criminal measures against soldiers are also:
- expulsion from professional military service;
Expulsion from military service
Expulsion from professional military service includes immediate removal from service and the loss of badges and honorable mentions awarded by the relevant commander. The court may order expulsion from professional military service if the perpetrator has grossly abused his powers while committing an intentional crime or has proved that the continued performance of this service poses a threat to important rights protected by law.
Demotion includes the loss of a military rank and a return to a rank. The court may adjudicate in the event of a conviction for an intentional crime, if the type of act, the manner and circumstances of its commission allow it to be assumed that the perpetrator has lost the properties required to hold a military rank, especially in the case of acting in order to gain financial gain. The court may adjudicate a demotion only against a person who was a soldier at the time of committing the prohibited act, even if he was no longer a soldier at the time of the ruling.
With respect to a regular service soldier who has been convicted for an offense specified in the military part committed during this service, to a fine, restriction of liberty or imprisonment not exceeding one year, the court may order expunging the sentence after transferring him to the reserve, if the penalty or the measure imposed criminal were made.
[Legal status as at 18/08/2020]