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CHARTER 33 Crimes Against Military Service Article 366. Concept of Crimes Against Military Service (1) Crimes against military service are considered to be crimes stipulated by this chapter against the established order of military service committed by persons serving in the armed forces of the Republic of Tajikistan, other military units of the Republic of Tajikistan, citizens being in the reserve as well as persons who have status of serviceman in accordance with the acting legislation. (2 )Persons not mentioned in the present article shall bear responsibility for complicity in military crimes as organizers, accomplices and abettors in accordance with the appropriate articles. Article 367. Disobedience (1) Disobedience, i.e. open refusal to fulfill a chief's order, as well as another intentional disobedience of an order,- is punishable by detention in a disciplinary military unit for a period of up to 2 years or imprisonment for a period of 2 to 5 years. (2) The same action: a) causing grave consequences; b) committed during battle operations or wartime,is punishable by imprisonment for a period of 5 to 10 years. Article 368. Non-Performance of an Order (1) Non-performance of a chief officer's order by a subordinate which caused substantial damage to the interests of service, when there are no elements specified by Article 367, paragraph 1 of the present Code, is punishable by service restrictions for up to 2 years, confinement for up to 6 months, or detention in the disciplinary unit for up to 2 years. (2) The same action committed during battle operations or wartime,- is punishable by imprisonment for a period of 5 to 15 years. Article 369. Obstructing an Officer or Coercing an Officer Into Violating Duties (1) Obstructing an officer or any other person who performs duties entrusted to him according to the military service, or forcing him to infringe these duties, committed with violence or threat of violence, is punishable by service restrictions for up to 2 years or detention in the disciplinary unit for up to 1 year or by up to 5 years of imprisonment. (2) The same actions, committed: a) by a group of persons, by a group of persons in a conspiracy or an organized group; b) using weapons; c) with infliction of serious bodily injury or other aggravated consequences, are punishable by imprisonment for a period of 5 to 10 years. (3) The same actions committed during battle operations or wartime, are punishable by imprisonment for a period of 5 to 15 years. Article 370. Using of Violence Towards an Officer (1) Infliction of bodily injury, beating or any action of violence toward an officer, committed in connection with the discharge of military duties or while performing these duties, is punishable by service restrictions for up to 2 years, detention in the disciplinary unit for up to 1 year or by up to 5 years' imprisonment. (2) The same actions, committed: a) by a group of persons, group of individuals in a conspiracy or organized group; b) using weapons; c) causing serious minor or major bodily injury or other grave consequences, are punishable by imprisonment for a period of 5 to 10 years. (3) The actions specified by paragraphs 1or 2 of the present article committed during wartime or battle operations, are punishable by deprivation of freedom for a period of 10 to 15 years. Article 371 Threat to an Officer
http://legislationline.org/download/action/download/id/1707/file/207b8150765af2c85ad6f... 11/29/2011