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5. Military
justice and punishment
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Article 31-Level
5-Severe penalties
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| 31.1 |
Level 5 (Severe) penalties |
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Severe penalties are the second most serious class of penalties and reflect both community and justice standards for certain offences that a substantial sentence is warranted. Examples of serious offences that frequently qualify for a severe penalty are grievous violence, sexual offences against minors and repeat offenders. |
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| 31.2 |
Penalty selection |
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Penalties are divided into two sections for each (type):- absolution and penitence. Only the penalties listed under the appropriate section (e.g. penitence.) and under the appropriate type (e.g. Type 3) may be selected where the offence matches the same criteria. Under no circumstances shall the penalties listed for absolution be applied to an offence that only qualifies for penitence. and vice versa. |
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In terms of penalty selection, a minimum of two (2) and a maximum of (4) penalties may be selected as part of a recommended punishment. |
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| Where a penalty is listed with an asterisk (*) and the yellow color means it is a mandatory sentence component and must be included as part of the sentence. |
* |
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If no asterisk (*) and no color is listed over a sentence element, it means it is an optional sentence component and may be selected providing the total number of sentence components does not exceed four. |
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All sentence components must be served concurrently, that is in parallel. It is not permissible to artificially extend the length of a sentence by stating they must be served consecutively (one after the other). |
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| 31.3 |
Six types (levels) of severe penalties |
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Under the military Code, there are six types (levels) of Level 5-severe penalties. These levels match the specific conditions of severe offences. However, where types are grouped under the same offence, the severity or leniency within a category is to be determined by any mitigating and/or aggravating circumstances. |
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Type 1 penalties |
| Absolution |
| 1 |
Criminal Record: 9 yrs |
| 2 |
Imprisonment: 3 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
Skills/education courses; |
| 6 |
Honorable discharge; |
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| Penitence |
| 1 |
Criminal Record: 18 yrs |
| 2 |
Imprisonment: 6 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
Dishonorable discharge; |
| 6 |
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Type 2 penalties |
| Absolution |
| 1 |
Criminal Record: 12 yrs |
| 2 |
Imprisonment: 4 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
Skills/education courses; |
| 6 |
Honorable discharge; |
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| Penitence |
| 1 |
Criminal Record: 24 yrs |
| 2 |
Imprisonment: 8 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
Dishonorable discharge; |
| 6 |
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Type 3 penalties |
| Absolution |
| 1 |
Criminal Record: 15 yrs |
| 2 |
Imprisonment: 5 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
Skills/education courses; |
| 6 |
Honorable discharge; |
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| Penitence |
| 1 |
Criminal Record: 30 yrs |
| 2 |
Imprisonment: 10 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
Dishonorable discharge; |
| 6 |
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Type 4 penalties |
| Absolution |
| 1 |
Criminal Record: 18 yrs |
| 2 |
Imprisonment: 6 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
Skills/education courses; |
| 6 |
Honorable discharge; |
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| Penitence |
| 1 |
Criminal Record: 36 yrs |
| 2 |
Imprisonment: 12 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
Dishonorable discharge; |
| 6 |
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Type 5 penalties |
| Absolution |
| 1 |
Criminal Record: 21 yrs |
| 2 |
Imprisonment: 7 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
Skills/education courses; |
| 6 |
Honorable discharge; |
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| Penitence |
| 1 |
Criminal Record: 42 yrs |
| 2 |
Imprisonment: 14 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
Dishonorable discharge; |
| 6 |
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Type 6 penalties |
| Absolution |
| 1 |
Criminal Record: 24 yrs |
| 2 |
Imprisonment: 12 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
Skills/education courses; |
| 6 |
Honorable discharge; |
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| Penitence |
| 1 |
Criminal Record: 48 yrs |
| 2 |
Imprisonment: 16 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
Dishonorable discharge; |
| 6 |
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