. j Art.4Q F THE SUDGR TW 3 OF Po. TOIVTSin. ES CE BO TOIVIS, For purposes t in cases o¢ Convi ce fences of the sane Kind, the juage shell have the dics- en not to take into 8ccount 2 previous ep aviction for oftenc, en by the comron Penal or exclusivley military offences. ‘ art. 50 of reciatvien, excep CHaPTEt Tr NORE PERSONS PARTICIPatrnG ry z | aN Orvance —-— vy. - CIRGunat re, AGGRay aTING CIRCUMSTANCES , the case’ that yp ROONS Particitate in the mii nee, besides thn Senses in which are concurring ree cusstance of the ce {eles 72,an4 73 and the mpeerePh of the artione 7. PUPErion Be of 4) 2 prnel Code, éven for ths for Qfficer who has with en inferior in tre Pifenee, the Punishment +, imposed for the Offence committed Bhell be increaged; The dtentive bbe on cases in which ptiiering is cased, shel? entail, for the military ma ticibated in the offence with a in who has 1 the renoval, geo [eased m inferior, TANCES ‘Be punishment to *o be imposed for the military offence ed: 2 ) for the Anferior,, who has been Caused by the sup- anit the offence. for the n: fiitary man who, in the Preperation or ence; has played a Part of minar rortance, *he precedding artisio excepted. he off,-24— art. 85 OFFENCES aGarni ALLIED STATES QEFENCES AGAINS? ILOTED smamas The punishnent prescribed in articles 190 und the articles following it sholl elso apply where the offence is comuitted to the detriment of a atute allied or associated with the Somali state for purposes of ware . TieSTANG ‘BILIT RY CIRCUESTANCES The punishments proscribed for the offence in this Chap weg ing im the preceding Chapters shall be reduced where, by - | Sen OF the nature, type, meens, choracteristics or ciremmerancds of the act, or by reason of the perticular slightness sf the ins rs to be of slight importance. | jury or danger, the act appea PART-II OBFENCES AGAINST THE /LILIT RY SERVIOR SE ADIST THE LILIT RY _SERVIOD CHaPT=R~1 OFFENCES IN SERVICE ~OFFENCES IN SERVICE t VIOLATION OF GENERAL DUTIES CONCERNTN . commanD. art .87 ACTS OF THE COMM NDANT AGAINST A FOREIGN ¥ STATE. i 4 1. The militery man who, w Government, or apart from the cases of necessity, carriés out hostile acts against 4 foreign state, shall be| punished with bilitery imprisonment upto throo yeers; . Should the hostile acts be such as to expose the Huwlt State or its citizens wherever residing ben oever enjoys the protection of the laws of the state to the dengor of re- Priasals or retaliations, the punishment shell be militery ine pessonment from two to eight years. “hore a bremck se diplomatic reltions results, or where the Foteliations or reprissls occur, the punishment shall be military imprisonment from five to ten years; 3 Where the acts are such to expose the Somali state to the danger of war, ni ‘prisonment for not less than ton years shall be ie thout the approval of: the 4 Waere, for the purposes of th occurs, or fire breaks out, or. wh or mere persons resulted. shooting ay the chest; Be The conviction shell entail removal. © hostile acts, the war devastation, or death of one the punishment shall be’ death. by -amt ‘ sa ay cd . PART OV APPLICATION AND EXECUTION OF PUNISHMENT = Art. 52 CONEINFUENT ORDERED FOR DISCIPLINARY PURPOSES Equelization to ‘preventive imprisonment I The confine-nent for disciplinary purposes awerded by the military authorities awaiting criminal proceeding shall be compared, for the purposes of the expiry of the punishmert, with the imprisonment served before the sentence is trrevo- cable. art. 3 op fq, SUPERVISION OVER THD EXECUTION OF.MILTTARY PUNISHMENT. Organization of tha places in which military punishment is 1. The execution of the punishmeut of military imprison- nent shall be supervised by the military Attorney's Office; 2. The military regulations passed with decree of the President of the Republic shall establish the organization of the places if which military inprisonzent is served, and shall ‘provide reletively for the ways of execution of the military imprisonment to the relative supervision. 7%,’ ar 54 se” It : EXBCUION OF COMMON PUNISHMENTS — | i [+exen | INFLICTED A T MILITATY MEN | IN SERVE ARMS ; | For the offences referred to in the ordinary criminal lew, the following provisions shall, in the execution of Bnishuents imposed upon military men in servieo to ame, be observed: a) the punishment of écath, ea abu executed by shoo— ting at the back with “et OUS cashiering; mishnent of life imprisonment and that of sunment, where the conviction does not cause perpetual interg@iction fron public offices, shall be executed in the ordinery ways with the convicted to be cashicred according to the provisions laid ~ down by the law and by the militery regulations; c) the puniShnent of imprissnnent, where the convic— tion does not caube perpetual interdiction from public offices, shall be substitutea for by the military imprisonment for equel duration, though the imprisonmént is less than one nonth} 4) the punishaent of arrest shall be substituted for by military imprisonment cczputing one day of mili- | tary imprisonment for two deys of arrest; |e) the fine, not executed for insolvoney of the convicted, shall be eubstituted ay Bilitery inprison— nent for not more than one year, computing .ane-dzy sof nilitaty imprisonnent for cach of Sov gree 25/— or ‘raction of SO.SHS. 25/- of fine. 1 iet. 55 I EENCUTION OF MILIT. RY. PUNISHKUNTS: IRFOSED UPON Fa WHO HAVE NOT, OR Have t TARY QUaLlty oR PROM CHE COMBAT SERVIOB SERN uC ETVE COMBAT SERVICE. 1. In the cases ref2rred to in the anti le 13, for the pkecution of nilitary punishment, tne following provisions siall ig be observed: 8) thepunisbm of death shall be executed according to the provisions of article, 19 >) the puni.ument of militar; substituted by +) equal duration. She provigions of this article shall ve y imprisonment shell ve punishment of imprisonment for applied even Hinishzent is imsosed upon thos:, who Go not belong to the armed fonore of the state, upon the assimilas ted to the militery men upon the nombers of militerily organized civil bodies ang upon the other persens not belonging to the said LLPARY OFFDNOR np! MLUTDARY PUNISH ONT Art. 56 GENERAL PROVISTONS iH’: The provisions of crimi Pfience end punishment, sin, pilitery criminal offence, ead for the military puni stay 2 law on the extinction of the joy ere applicable in the matter of all be observed even for the offence Li ents, with the modifications laid down by the following articies. . For the pursoses referred to in the preosding peragraph, ere Punishment of death prescribes in the military penal'law ang “Bp punishment oF a nsidered equal res- pectively to the puiish th © punishment of in— Prisonment prescribed in very criminal law. TIONAL SU ihe accessory mili nec shall oxtend to, onfrom employmént Bnd-of the suspensi rant.CONDITIONAL RBLBASE EPETIONAL RELEASE Mf; The person sentenced to a military imprisonment for a period BAttcceding three years, who has served half of the punishuent, or least three-fourths, if he is recidiviet, end dn every: case not Diese thon three Years, may be granted conditional release, where gyi tenaining punishhent does, not exceca three years, -provided he as given continuous Proof of good conduct, Bao? Crests tae consequences and the revocation of fyi) rekease shall be governed by the common penal lew, jeonai~ HH by the common penal law does not fhe military accessory penalties and every othen nili- ary consequence. va ecinet the Lerson rehabilited according to the ways prescri- i in the militery penal law, the military accessory penalties fii otery other military penal consequence shell te extinguished The sentehce of rehabilitation awarded fits contained in the preceding paragraph s escrived iu article Art. 60 "BEEECTS OF AMNESTY, INDULT, PARDON , AND _MIGITARY JEHABILIPATION CONCERNING t SHE LOSE 'OF RANK RESULTING FROM CONYIGTION / “1G FROM CONYICRION i Except otherwise is provided by the decree, the amnesty, inault| pr pardon do not give back the rank lost in consequence of the 'co~ | tietion; « Except otherwise is provided by law, wilitery rehabilitation Kes not give back the rank lost in consequence of the conviction PARD VII fr2[t to SECURITY by BS ae Art. = General Provisions the provisions of the coamon pe wires shall be observed even in the cilitery penal matters, pt the provisionsiof the following articles, For the purposes"of the pyovisions of the preceding pan Punishnent of death prescribed in the wit. Bpeowered respectively with the Pp nt of iuprisonnent pres: according to the provi- hell be revoked by 154 of the common ‘penal law, 1 4 nal law concerning the security aph, itery penal law. shall unishwont cf death and this.puni— eribed in the penal code,Art. 62 PROHIBITION OF 82. u.vy the offender is guilty of eny of the offences agenist the'fidelity and the armed defence, there can be imposed upon him the prohibition of stay in one or more istricts or in ove or uore regions, appointed by the judge, being obsorved the pro- visions of the commen penal low. lart. 63 SUSPENSION OF TIE EABCUTION J | ~~ —~OF SEOURITY MEASURES | i Daring the service to arms there shall be suspended the | execution of the security mesures ordered in application of the conion penal law or of the military penal law, except where the ratter concerns treatment in nursing tome or custody, in lumatio- uu, in reformatory, or if it concerns confiscation. IN PARTICUL Chapter’ 1 Art. 64 Treason PART-4 7 NCES COMMITTED AGAINST THE Higa treason .- FEDBLTTY ND TE RED TBF NC 1 The military men, who commifidany of the crimes ageinst the personality of the state prescribed by the articles 184,217, 218, 222, and 225: of the penal law shal? be punished in conformity with the corresponding provisions of the same code, eubetituting the punishment of death or imprisonment for life by the punishment of death with cashicrins, and increasing by one-third the punish-. | uent of imprisonment is 2. The militaryi#to commits any of the ae prescribed in the articles 185, and 221 of the penal law, for the only fact the he rise in arms, or has born the arms against the state, or has | particiapted in an armed insurrection, shall be wsttence> te death with cashiering. Art. 65 INSTIGATION OF HIGH TRE.SON» It is. punished in conformity with the correspond: i provisions of the penel code increasing the punishment of i tent fron one third to half: a) “the militery sun who is responsible for act of ins- tigation or conspirkcy aimed at committing ony of the offences referred to in the preceding articles} >) the miditary man who, in ordcr to commit any of the oxfendes ened to in the preceding article, promotes, constitutes or orgunizes an arved band or participates in it.IW art.66 ~ 4 OFFENCES sGaINST THE i . OR PRESTIGE OF THE HBA: STATE The military man, who offends'the honour or prestige of e Presdient of the Republic shall be punished with militery prisonment from five to fifteen years. i art. 67 BRINGING THE NATION AND THE STATE INTO CONTEMPT BRINGING THE NATION AND SHE STATE INT CONTREPT The military man, who publicly brings into contempt the mali Nation, the state, the national flag or emblem, the cons- sutionel organs or the armed for of the state, shall be Ja nished with imprisonment from two to seven years. ~ we4 Art. 68 ate: . ie.f Sem INTELLIGENCE WITH PORELGHDRS : (D OFFER OF SERVIOD. KL AND OFFER OF SERVICE. The military man, who holds intelligence with foreigners rected to favour, for the case of war with the Somali state, the litary operations of a foreign state, shell be punished with wrisonment for not lees than fifteen: years} if the case is offer of service not still accepted, the mishnent shell be imprisonment for not less than ton yoars. art. 69 . SUZPRESSION, D3STRUCTION TON OR PURLOINING OF PAPERS, DOCUMENTS OR THINGS FORCE, THE PRE- PARATIIN aND THE MILITARY DE FENCE OF THE STATE. ‘ The military man, who, wholly or in part, suppresses, istreys, felsifies, seizes, purloins or diverts, even tenporar— Wy: papers, documents or things concerning the force, tne pre- sation or the armed defence of the, state, which ought to re Hn secret, shall be punished with imprisonment for not less ten ten years} p : The punishment of death shall be imposed where’ the act 38 seriously affected the preparation or the armed defence of he state. CHaPTER-1y ITARY SSTION AND DISCLOSURE OF NILIT RY SECRETSArt. 70 DISCLOSURE oF MILITARY SECKETS FOR THE PURPOSE OF MILITARY. ESPIONAGE - OFS: t I The’militery mon, who discloses, in the Anterest of a foreign state, news concerning the force, ‘the preperation or the Hmed defence of ‘the st.te, which ought to remein.secret, shall Ne cashiered and punished with death. art.71 AGREEMENT OF MILIT.RY MEN 10 COM.IT THE AC2 OF DISCLOSING THE MILITARY SECKDTS FOR THS FURPOSES OF ESPIONAGE. 1. Where two or more military men agree in order to commit te offence referred to in the preceding article, each of then hell be puniShed, if the offence is not committed, with imprison— ent from five to ten years} es For the heads, promotors and organizers, the punishment tell be imprisonmerft for not less than fifteen years. ialt.72 PROCURING SECRET ‘ORMATIONS FOR THE PURPOSES OF ESPIONAGE ' ; 1 The wilitary man, who,in order to make Khown to another foreign etate, procures information concerning the, force, the hreparation or the. armed defence of the state, whith ought to enain se¢ret, shall be punished with imprisonment for not less then twenty years} - 2. The punistment of death shell be imposed where the act ts seriously affected the preparation of the armed defénce of the state. art.73 PROCURING SECRET INFORHATIONS NOT FOR THE PURPOSES OF SSPIONAGE 1. The militery man, who, apart from tho cases referre3 to in the pregeding article, procures, without the authorigstion of the cometent military authorities, the informations réferred to thereinyor perfors acts directsd to procure for himself, shell te punished with military imgrisonemtn from three to ten years; . 2. Where the act has affected the preparation, or the armed defence of the state, the punishment of military imprisonment for not less than ten years shall be imposed. art. T4 UNDJE EX2CUTION OF PLAN;CaLANDBSTIN - | PENETRATION INTO .ZEAS OF EILTTARY INTEREST UNJUSTIBIABLE POSSESSION OF MEANS OF ESPIONAGE.The military man: ta) Lys". ou, who, without the necessary suthori— tation, executes plans, models sketches, or photographs of things organ tine the force,’ preperation or armed defence of the stete,; °F sseerteins the above mentioned things? . ») Pos who, in order to commit any of the | offences referrea to in the letter a) or in order to procure inform.tions, in respect of the same acts, penetrates, clandes- Hnely or by deception, into places on areas, whether on lana, peyer OF Sir, access to which is proni ted in the militery interest of the state; ec) “eae oe 1 who, in the aforesaid places, area fa the proximity of then is' supprisea in the unjustif, ” On of meaus suitable for conmitting any of the acts reterrea to in the letter a); a a) on rr eatho> 18 surprised in the unjustit possession” of papers, writings, drawings, modele, sketches, pho~ togrephs er shy other means suitabie feo furnishing informations <1ii g the force, preparation or the anaes defenre of the preter shell be yunished with imprisonment from five to ten years. 2. Tor the ‘only reaggns of penetrating clandestinely on wy deception in the aforesaid slasce OP areas, the military im- Pisonnent from two years to five veare shill be imposed. 3. ‘part from the above montioned cases, jthe military nen shall be punished with military imprisonment upto one year for ; Athout the necessary authorization jhe only reason of penetrating into places, access which ts Prohibited in the military interdet of the state. Art. 75 RE OP SECRED INFOR. TONS OSE OF ESPIONAGE = SES OF NSPIONAGE DISCLosu: NOE iB Apart from the case referred: to in thearticle 70, the nilitory man who discloses fnformations concerning the foxes, Maberation or the erped defence of the state, wh mete eecret, shell be punishee with military not less then five years; 2. Where the act has seriously af fhe defence of thé state, the punishme for not less than “twenty yders; 3+ Where the act is committed with Culpa, shall be militory imprisonnent from six months’ to two yeers, in pie case referred to in tho fires Paragraph, and from three’ to fifteen’ years, in the cose roforsnd eo in the seéond pareg ra,u. fected the preparation or nt shall be imprisonment the punishment1. Where the guilty of the offence referred to in the Preceding article, for reason of office or service, was knowing the informations referred to ther: + or where -the act 2s commit— | ted with whatever means of publicity, the Punishment shdll be increased. Art.77 PROCURING OR DISCLOSURT RESERVED INFORM For the acts referred to in the preceding articles, There the informations referred to in the same articles are not the ones which ought to remain secret, but character of which is reserved, because the competent cuthorities have Prohibited their fivalgations, the punishment of death ehell be substituted by imprisonment for not less n twonty years and the other punish= ; nents shall be reduced fromsonc-*.ird to. ‘helt , Z Art.78 COMMUNICATTON To FO: ABOUT INFORMATIONS “ARE NEDTHBR SECRET NoR-RESERVED i The military man, who ecaquainte e foreign stete with ; informations concerning the force, the preparation or the aruca | defence of the state, different from the informations ought to | Terain secret, or reserved, shall te punisheéy where the act oar! Geuse harm to the force, to the proparation or to the armed Gefence of the state, with military imprisonment upto five yoars. MILITARY BEN oH INFORMATIONS Ri; THE PRECEDING The punishment prescribed in the preceding articles shall apply even to the military man, who obtains the informations referred to thenoin For the of’ences referred to in the preceding artic the guilty shall be punished even if he has acted wi thi the pur-, Pose to favour the Somali State. Howevér, thel punishment can bel reduced. ayal a aLE wesengn UT GENERAL PROVISIONS RELATING 10 THE PRECEDING CHAPTERS ” Art. 81 Facilitation #ith Culpa ea Ve THe military man who, for reasons of office or service, had the castody, or wes in posscssion,of the things or, for the sam@$EOREnE the informations or was supervising over’ the places of military intcrest, has rendered possible or las only facilitated, , with Culpa, the execution of any of the offences referred to in the articles 69,70,72,73, first paragraph 75, end 77, shall be punished with rilitary imprisonment upto five ycars; 2. Wnere the ‘act has seriously affected the prepdration or the armed defence of ‘the state, tho punishment shell be military imprisonment from three to fiftecn years. | Arty 82 NSTTGATION The military man who, instigates others to commit eny of the offences referred to in the articles 68 and 75, or offers for committing it, shall be punished, where the instigation or the offer is not accepted, or where the instigation or the offer | is accepted but the offence is not committeds a) with imprisonment from five to ten years, where the punishment prescribed for the offence is-.death with cashiering; oN b) in the other cases, with the punishment prescribed for ‘the offence, being reduced from half to two-third. Art. 83 CORRESPONDANCE {/ITH FOREIGN STaTE. DIRECT TO CoMMTT ACTS OF TREASON OR MILITARY BSPIONAGs The rilitory man who holds correspondance with pee state directed to commit any of the acts.referred to in the arti. clee 69,70,71,. znd 72 or who,however, cerries out acts directed to cmmit any of the sazie acts, shell be punished with imprison- sent for not less then ten years. art -B4 FAILURE TO REPORT 1. the military,man, who,h, ving information about any of the offences referred’@n this, Chapter end in the preceding Chap- ters, for which the law prescribes the punishment cf imprison- nent or of military imprisonment, not leas than, in the mexiun fiye years, or a’punisimeht more serious, does not inform the supcriars™ about it shall be punished with military imprison- nent from three months to two years; 2 Where the Offender is en officer, tho punishndnt shall ve militsry imprisonment from one’ to.three years.-24— art. 85 OFFENCES aGarni ALLIED STATES QEFENCES AGAINS? ILOTED smamas The punishnent prescribed in articles 190 und the articles following it sholl elso apply where the offence is comuitted to the detriment of a atute allied or associated with the Somali state for purposes of ware . TieSTANG ‘BILIT RY CIRCUESTANCES The punishments proscribed for the offence in this Chap weg ing im the preceding Chapters shall be reduced where, by - | Sen OF the nature, type, meens, choracteristics or ciremmerancds of the act, or by reason of the perticular slightness sf the ins rs to be of slight importance. | jury or danger, the act appea PART-II OBFENCES AGAINST THE /LILIT RY SERVIOR SE ADIST THE LILIT RY _SERVIOD CHaPT=R~1 OFFENCES IN SERVICE ~OFFENCES IN SERVICE t VIOLATION OF GENERAL DUTIES CONCERNTN . commanD. art .87 ACTS OF THE COMM NDANT AGAINST A FOREIGN ¥ STATE. i 4 1. The militery man who, w Government, or apart from the cases of necessity, carriés out hostile acts against 4 foreign state, shall be| punished with bilitery imprisonment upto throo yeers; . Should the hostile acts be such as to expose the Huwlt State or its citizens wherever residing ben oever enjoys the protection of the laws of the state to the dengor of re- Priasals or retaliations, the punishment shell be militery ine pessonment from two to eight years. “hore a bremck se diplomatic reltions results, or where the Foteliations or reprissls occur, the punishment shall be military imprisonment from five to ten years; 3 Where the acts are such to expose the Somali state to the danger of war, ni ‘prisonment for not less than ton years shall be ie thout the approval of: the 4 Waere, for the purposes of th occurs, or fire breaks out, or. wh or mere persons resulted. shooting ay the chest; Be The conviction shell entail removal. © hostile acts, the war devastation, or death of one the punishment shall be’ death. by -