Military Service in Malta - Essay Example

Offences and Punishments Arising Out of Military Service In Malta Number Department Offences arising out of military service in Malta can basically be categorized into treachery and cowardice, malingering and drunkenness, offences in relation to court martial, mutiny and insubordination, offences relating to property, civil offences, offences relating to and by persons in custody, desertion and absence without leave and finally, miscellaneous offences. According to the Military Forces Act, each of these offences is punishable and degrees of punishment for these offences are equally stipulated in the act (The Economist, December 17, 1988). An individual who serving in the military who intentionally assists the enemy by acting in a way to retard the success of military programs, abandons their posts or causes another to abandon their posts during military activity, protects or is in possession of an enemy not a prisoner of war, gives any false air signals or interferes with air signals or its equipment, arms the enemy in any way, a prisoner of war assisting the enemy in any way, even through moral influence, causing capture or destruction of force’s and friendly aircrafts or when commanded to carry out operations in the air but fails to do so effectively shall be liable to life sentences or any other punishment provided by the Forces Act. However, if such intentional acts can not be proved, the individual may be convicted and imprisoned or given lesser penalties (Laws of Malta, 2003). Communication with the enemy and any such dangerous disclosures through intentional and unauthorized issuance of intelligence to enemies faces up to a life sentence or any other punishment in the act. Such information may include codes, ciphers, signals, passwords, countersigns, measures for defense, munitions of war or number or description of armament, equipment, disposition, movement or state of forces, number, description or location of the prisoners of war or any ongoing or planned activity of the military. Cowardly behavior exhibited by abandoning posts and dropping arms shall be, upon conviction, be punishable by imprisonment or any less punishment in the act just like the offences against morale which comprise spreading reports in a way determined to cause fear or unnecessary alarm. In addition, a soldier becoming a prisoner of war through disobedience or willful neglect of duty or failing to take opportunity to rejoin forces or preventing/ discouraging other prisoners of war from taking steps to return to forces shall be open to imprisonment or any less punishment in this act (Malta, 1988). Offences regarding sentries or guards on duty (that is, one posted to patrol or is a member of a guard/ other party on patrol for purposes of preventing/ controlling access to or egress from any premises or of regulatory traffic), included drunkenness, sleeping at post or leaving assigned post. If anyone under military law uses force against such a guard on duty to achieve an objective shall be guilty against the said article. However, if offence is committed when one is not on active duty, he/ she must not be imprisoned fro more than two years. Looting offences included stealing from or the intent to steal from person wounded or killed in military operations or any property left exposed and unprotected after operations or anything left behind by the enemy with punishments ranging from imprisonment or any less punishment in the act. Mutiny by persons subject to military law by inciting another person or is themselves involved in threats of use of violence in order to avoid military duty is punishable on conviction for up to a life sentence or any other less punishment in the act. It involves the participation of at least two persons subject to military law to overthrow or resist authority, hamper conduction of military duty or to disobey authority in any way that causes deterioration of discipline in the forces. Failure to suppress, report without hesitation or prevent perceived mutiny based upon open intention or not, shall be convicted and punished accordingly with up to a life sentence for intentional mutiny or any other punishment under the act. Insubordinate behavior such as violence, threats or insubordinate language against superior officer(s) upon conviction by court martial is liable to imprisonment or lesser punishments. However, mutiny on part of those not in active military service and do not exhibit or threaten use of force against a superior officer can no be jailed for more than two years. In the article of insubordinate behavior, a superior officer denotes any officer of a superior rank or that of an equal ranking but of greater seniority. Disobedience/ willful defiance or even neglect of particular orders from persons subject to military law is punishable by imprisonment or any lesser punishment in the military act and if person convicted was not on active duty at the time of offence, they shall not be liable to imprisonment more than two years (Laws of Malta, 2003). Obstruction of provost officer or any refusal to offer help to a provost officer or any such individual who may be acting on behalf of the provost officer is an offence punishable by imprisonment not more than two years or any lesser punishments. Disobedience to standing orders by contravening or failing to abide to such an order is punishable by imprisonment not exceeding two years or any les punishments in the act. This applies to standing orders or any other routine orders of continuing nature designed for any unit/ body/ formation of troops or command, garrison, ship, train or aircraft. Malingering is punishable by imprisonment for a term not more than two years or any less punishment provided in the act upon conviction by the court of law. Malingering entails practices such as a person under military law with intent does or fails to do anything whereby the consequence of their action or absence of their action leads to prolonged or aggrieved sickness or disability, pretends to be sick or disabled, purposely harms themselves with intent to make themselves unfit for service or intentionally does this to harm another individual and hence their inability to perform military duty. A person under military law is in offence of drunkenness if under influence of alcohol or any other drug or a combination of drugs which renders them unfit for duty. If the person was not on duty or active at the time, they could be jailed upon conviction but not for more than 6 months. If on active duty, however, such a person is punishable by imprisonment nor more than two years or any less punishment in the act. A person who desert duty or military service in any way or fails to appear on time for duty without permission or induces another to desert is punishable by imprisonment for no more than two years or any less punishment under the act. In addition, the convict in question may have whole or part of his/ her service prior to the period of dissertation forfeited in addition to or lieu with the punishment prescribed by the court martial. Absence without leave or persuasion/ induction of another under military contract to be absent without leave is punishable by i9mprisonment not exceeding two years or any less punishment under the act. This includes failure to appear at the time and place of appointment. Any assistance to and concealing dissertation (for instance, by failing to promptly report it) and absence without leave upon trial by the courts is punishable by imprisonment for a period not exceeding two years or any less punishment in the act. This punishment upon conviction by the martial courts is equally applicable to the offence of falsely obtaining or prolonging leave for persons under military act and also failure to conduct military duty (Malta: Dept. of Information, 1988). Any person subject to military law whose intentional neglect results in fire damage or loss of public property or aircraft or its materials or without lawful authority gets rid of aircraft or its materials, intentionally damages or is involved in some way in such damages of any public or service property, steals or is involved in the theft of public or service property or aids another in the acquisition of stolen property shall upon conviction by the martial courts be liable to imprisonment or any less punishment in the act. However if the person lacks intention in any of the accused offences relating property, they shall not be imprisoned for a term exceeding two years. According to Boswell & Beeley, if one is involved in damage or conducts damage, steals or aids in theft of property belonging to fellow member of the force, upon conviction is punishable by imprisonment not exceeding two years or any less punishments in the act. Miscellaneous offences relating property under the Military Forces Act include offences such as failing to take good care of animal used in public service in their charge, losing or by carelessness destroying material given to him for military purposes, negligently causing fire damages to property and aircraft or aircraft material or does away with military decoration granted to him/ her or any arms, ammunition, clothing or any such military equipment given them to aid in service are liable to punishment, upon conviction by the martial courts, to imprisonment not more than two years or any less punishment under the act (Boswell & Beeley, 1998). Offences involving irregular arrests or confinement by military officers like failure to release or see to the release of the person in custody when it is their responsibility to lawfully do so, shall on conviction by court martial, be subject to imprisonment less than two years or any lesser punishment in the act. In addition, allowing escape and unlawful/ unauthorized release of prisoners is punishable by imprisonment (not exceeding two years) or any lesser punishments available under the act. Resistance to arrests by persons under military law for any reason whatsoever, upon conviction, is punishable by imprisonment less than two years or other lesser punishments. Escape from confinement, also, by a member of the Malta military force is punishable upon trial by court of law by imprisonment of a term less than two years or sentenced to lesser punishments in the act (Malta: Dept. of Information, 1988). Offences relating court martial like refusing to swear on oath during court martial, insults during sessions, interrupting proceedings or refusing to answer questions is punishable by a jail term not exceeding two years or equally, lesser punishments can be fated. This also applies to one proved to have intentionally offered false evidence in court and also for false accusations. Other miscellaneous offences such as making false statements during enlistment or manufacturing false documents upon determination by court martial is liable to a prison term not more than two years or any less punishments as like offences against the civilian population, ill treatment of officers or those of inferior rank and disgraceful conducts of cruel, malicious and unnatural types. Scandalous and unbecoming conduct and behavior of those under military law shall upon conviction by the courts be cashiered (Boswell & Beeley, 1998). Attempts to commit an offence whether completed successfully or not shall on conviction by the martial courts be punishable as like the punishment stipulated for that offence in the act. Conduct to prejudice of military discipline is liable to jailing for a period less than two years or any lesser punishments seen to it as is in the military act. Civil offences by a person under the military law are liable to punishment or a combination of punishments which the courts sentence in relation with the particular type of crime. In conclusion, punishments for military officers scale from imprisonment for life or for terms not more than two years, cashiering, and dismissal from service, forfeiture of the prescribed manner of seniority of rank, fines, and reprimands to stoppages. Other ranking officers under military law are punished in a scale from life sentences, jail terms not more than twenty five years, disgraceful dismissal from service, plain dismissal from service, less than two year detention term, field punishments for durations not more than ninety days, rank reductions, forfeiture of service, forfeiture of pay for awhile (not exceeding 90 days), fines, reprimands to stoppages depending on the offense (Ministry for Justice and Home Affairs, 2003). References Boswell, D. M., & Beeley, B. W., 1998, Malta (Rev. Ed.). Santa Barbara, Calif.: Clio Press. 1834, Case of Captain Atchison at Malta: giving the chief points in evidence and the unjust circumstances relating to the trial, London: Printed by Ibotson and Palmer. Valletta: Ministry for Justice and Home Affairs, 2003, Laws of Malta. Valletta, Malta: Dept. of Information, 1988, Malta The embassy business: a new ambassador's guide to diplomatic life in London. (Britain), 1988, December 17, The Economist, 5, 34. Read More