MILITARY PENAL CODE FOR THE GERMAN KMl'IKi:, [WITH THE ORDINANCE ESTABLISHING IT.] Issued June 20, 1872; to take effect from Oct. 1, 1872. BERLIN. PUBLICATION OF THE BOYAL PRIVATE COURT PRINTING ESTABLISHMENT. TRANSLATED BY MAJOR W. WINTHROP, JUDGE ADVOCATE, ,U. S. ARMY. WASHINGTON, D. C. 1873. ORDINANCE ESTABLISHING THE MILITARY PENAL CODE FOR THE GERMAN EMPIRE, OF JUNE 20, 1872. We William, by the grace of God Emperor of Germany, King of Prussia, &c., in the name of the German Empire, with the concurrence of the Federal Council and the Impe- rial Diet, do order- as follows : §1- The Military Penal Code for the German Empire is to take effect throughout the entire extent of the Federal juris- diction on October 1, 1872. §2. On that day all military penal laws, so far as they materi- ally relate to the subject of authority to impose punishment, are to go out of force throughout the entire jurisdiction. There shall remain in force, however, the provisions of law relating to the punishment of criminal acts committed by the military police, (Sanbgcnbarntcn,) as well as those which (under the subject of the treatment of insubordination) relate to the punishment of deserters from the colors. On the other hand, the provisions of the present Code shall apply to those official attaches not belonging to the military state,* who are temporarily admitted to the exercise of military functions: such application continuing during the period of such exercise, and relating to acts committed by them against military discipline while wearing the military uniform. *See of the Code, and note; also Appendix. 4 §3 A punishment in accordance with the Military Penal Code may be imposed only upon the basis of a judicial sentence. In petty cases there may be punished, in the ordinary course of discipline,* the following offenses : 1. Offenses in violation of §§ 64, 89, (first clause,) 90, 91, (first clause,) 92, 121, (first clause,) 137, 141, (first clause,) 146, 151. 2. Offenses in violation of §114, where the punishable act consists only in the borrowing of money, or the accepting of presents without the knowledge of the common superior. In the course of discipline, however, no other punishment involving deprivation of liberty may be en- forced, except arrest; and the duration of the same may not exceed four weeks of mild arrest, or arrest in quarters; three weeks of moderate arrest; or fourteen days of rigorous arrest. Authentic, under our royal sign manual and imperial great seal. Given at the Castle of Babelsberg, the 20th of June, 1872. [L. S.] WILLIAM. Prince von Bismarck. *Upon the subject-constituting an important feature in the German mili- tary penal system, and forming of itself a separate minor code-of the punish- ments which may be imposed by superior officers in the course of discipline, without the intervention of courts martial, see Kletke's " Disciplinar-Bestra- fung;" Witzleben's " Heerwesen und Infanteriedienst," Part I, pp. 190-203; Wolff's " Organization und Dienst," pp. 315-325. MILITARY PENAL CODE FOR THE GERMAN EMPIRE. We William, by the grace of God Emperor of Germany, King of Prussia, &c., in the name of the German Empire, with th'e concurrence of the Federal Council and the Impe- rial Diet, do order as follows: INTRODUCTORY PROVISIONS. §1- An act which this Code threatens with the death-penalty, with imprisonment in a Penitentiary, or with imprisonment in a Jail or a Fortress for a term longer than five years, is a military crime. An act which this Code threatens with punishment in deprivation of liberty for a period not exceeding five years is a military offense. §2. Those rules and distinctions which, under the provisions of the German Civil Penal Code, prevail in regard to crimes and offenses generally, apply also to the corresponding military crimes and offenses. §3. Punishable acts of military persons which are not mili- tary crimes or offenses are to be judicially passed upon ac- cording to the general penal law of the land. §4. Under the term military persons are to be understood as included such persons of the Military State, (Solbatenftanb,) 6 and of the class of Military Officials, (SOlilitarbeamte,) as belong to the army or to the navy.* Under the term Army is to be understood the German army; under that of Navy, the Imperial navy. §5. The list annexed to this Code exhibits the classification of military persons. The members of the Sanitary corps and of the Engineer corps are to be subject, according to the measure of their rank, to the laws prescribed for other persons of tire mili- tary state. §6. Persons of the Absent-on-leave status (SBeurlaubtenflanbt) are to be subject to the laws in regard to punishment con- tained in this Code for the period during which they may be on military duty. Except at such period, those provisions of law only are to apply to them which are expressly declared in this Code to be so applicable. §7. Punishable acts committed by persons in a foreign coun- *For a general description of these two principal classes of military per- sons, viz, the exclusively military class, and the class of military functionaries partaking of a civil character, see zlppendix. j-The Beurlaubtenstand, or class of military persons in the status of being absent on leave, has a far more extended import than would attach to a cor- responding designation in our own service. As is well known, the term of obligatory military service for all subjects of the German Empire is twelve years; of which three are served in the Active Standing Army, four in the Reserve of the army, and five in the Landwehr. The first of these three divisions may be said, in general terms, to represent the peace establishment of the Empire; the great bulk of the officers and men of the other two being called out only for time of war. While peace prevails, and till the order for mobilization is telegraphed abroad, these officers and men remain upon furlough, and constitute the beurlaubtenstand. The existence of this class, numbering upwards of half a million, civilians but always soldiers, subject to the jurisdiction of military courts, and awaiting only the rappel of war to hasten to the colors, is a striking and spirited feature of that military sys- tem, the perfection of which we saw so brilliantly illustrated in 1866 and again in 1870. 7 try, while they are there with the troops or in some other' position connected with the military service, are to be pun- ished in the same manner as if they had been committed within the federal jurisdiction. §8. Military crimes and offenses, committed against military persons of allied States in mutual military relations with the Empire, are, if reciprocity is guaranteed, to be pun- ished in the same manner as if they had been committed against military persons of the army or navy. §9. The rules of military law, prescribed in this Code in re- gard to punishable acts committed in the field, are to be operative as follows: 1. For the term of the status of mobilization of the army or the navy, or of separate portions of the same. 2. For the term of a state of war (declared according to the provisions of law) in the localities in which it prevails. 3. In regard to those troops to whom, upon a sedition, a mutiny, or a warlike enterprise, the commanding officer has given due notice that the law military, applicable to a state of war, is operative upon them during the term of the existing status. 4. In regard to prisoners of war, whom the highest com- manding officer at the station at which they are held has duly notified that such law military is operative upon them. §10. • In the case indicated in § 9, number 1, are to be subject to such law military: 1. Persons of the active-service status, from the day of their mobilization to their unmobilization. 2. Persons of the absent-on-leave status, from the day on which they are called in for duty until they are relieved from it. 8 In the sense of this Code those troops are to be considered as actually before the enemy, which, while awaiting a meet- ing with the enemy, have commenced to take precautions against an attack by him. §11- Those provisions of this Code which affix a punishment, with reference to the fact that the act has been committed in the presence of the assembled body of troops, are to be applicable when, beside the actor and the individual affected by his act, there were present at least three other persons of the military state, assembled for military duty. §12. §13. Wherever a provision of this Code affixes a punishment, with reference to the act being a second offense, the same is to take effect in a case where a party, after having been convicted and sentenced by a German tribunal on account of a military crime or offense, commits the same crime or offense anew. Such rule applies also where the punishment for the first offense is only partially suffered, or is entirely or partially remitted. It ceases to apply, however, where, between the final execution or the remission of the punishment and the second commission of the same punishable act, five years have elapsed. The same rules hold good in cases of further repetitions of the crime or offense. FIRST PART. OF PUNISHMENT IN GENERAL. First Chapter. PUNISHMENTS FOR PERSONS OF THE MILITARY STATE. §14. The death-penalty is to be executed by shooting when it has been adjudged on account of a military crime ; or, in the field, when adjudged on account of a crime not military. §15. Whether a person of the military state has incurred pun- ishment in deprivation of liberty before or after his entrance into the military service, the same is to be executed by the military authorities. Where an employment of convicts is allowed or enjoined by the German Civil Penal Code, the same may be resorted to for military purposes and under military superintendence. Non-commissioned officers and privates condemned to jail may, without their consent, be employed outside of the institution. If imprisonment in a penitentiary is incurred, or removal from the army or navy, or dismissal from the service gen- erally, is adjudged, or if the military service-relation is from any other cause severed, the execution of the punishment is to be transferred to the civil authorities. §16. Punishment in deprivation of liberty, in the sense of this Code, is imprisonment in a jail or in a fortress, or arrest. This punishment is either one for life or one for a limited 10 term. Of the latter, the maximum is fifteen years; the minimum one day. Where this Code, in imposing this kind of punishment, does not expressly declare that it shall be for life, the same is to be understood as one for a limited term. §17. Punishment in deprivation of liberty, when its term amounts to more than six weeks, consists in imprisonment in a jail or in a fortress ; when its term is shorter, in arrest. If a punishment of imprisonment in a penitentiary for a shorter term than one year is to be mitigated, confinement in a jail for a like term is to be substituted for it. §18. Where the term of a punishment in deprivation of liberty is longer than six weeks, it cannot be reckoned in as a part of the legal term of service of the party in the standing army or in the fleet. §19. Arrest is divided into arrest in quarters, mild arrest, moderate* arrest, and rigorous arrest. §20. Arrest in quarters is to be employed in the case of officers; mild arrest in the cases of non-commissioned officers and privates; moderate arrest in the cases of non-commissioned officers without sword-knotsf and privates; rigorous arrest in cases of privates only. §21. Where punishment in deprivation of liberty is threatened generally in this Code, imprisonment in a jail or fortress and arrest are to be considered as imposable under it at option ; the proper measure of each punishment as fixed by law being at the same time observed. * Literally intermediate, i. e., in severity, between the mild and the rigor- ous form. fSee Appendix. 11 §22. Where arrest is threatened generally in this Code, any one of the kinds of arrest which is admissible, in view of the military rank of the offender, may be adjudged. Where a distinct form of arrest is threatened in this Code, and the, military rank of the offender is such that the same cannot legally be imposed upon him, the next following form of the series, which is admissible in view of his rank, is to be adjudged. Rigorous arrest, where not expressly and in special cases threatened by the Code, is admissible only in the case of a party who, on account of a military crime or offense, has already been the subject of a punishment in deprivation of liberty. §23. Arrest in quarters is to be suffered by the sentenced party in his lodgings. During the term of such arrest, he may not leave his lodgings nor receive visits. In cases of cap- tains of foot and of horse and subaltern officers, the pun- ishment may, by judicial sentence, be directed to be exe- cuted in a special officers' arrest-room. Mild, moderate, and rigorous arrest are to be suffered in solitary confinement. The maximum term of rigorous arrest is four weeks. §24. §25. Moderate arrest is to be so executed that the party under sentence receive a hard bed, and as victuals, water and bread. But these aggravations are to come only on the fourth, eighth, and twelfth days, and thereafter on each succeeding third day. §26. Rigorous arrest is to be executed in a dark cell, but in other respects like moderate arrest. The aggravations come on the fourth and eighth days, and thereafter on each third day succeeding. 12 If the bodily condition of the sentenced party does not admit of the enforcement of the rigorous or the moderate arrest, a mild arrest is to be substituted. §27. §28. Such deviations in the mode of executing punishments by arrest as may be incident to these conditions, viz, that the punishment is to be enforced in time of war, or upon a ship put in commission, or other vessel of the navy, are to be determined by Imperial orders. §29. Where the general penal law of the land threatens fine, (©elbftrafe,) or punishment in deprivation of liberty at option, the punishment by fine may not be adjudged, where in the commission of the punishable act an obligation of the mili- tary service has at the same time been violated. §30. For persons of the military state, the particular punish- ments involving the loss of honors are: 1. Removal from the army or from the navy; 2. In cases of officers, dismissal from the service; 3. In cases of non-commissioned officers and privates, reduction to the second class of the military state ;* 4. In cases of non-commissioned officers, degradation. §31. In cases of non-commissioned officers and privates, re- *In regard to this punishment, (which may be imposed upon privates and upon non-commissioned officers in conjunction with degradation,) and the forfeiture of rights and privileges, and other penal consequences, which it involves, as well as in regard to the rehabilitation of a soldier subjected to such punishment, see the treatises, before cited, of Witzleben, Part I, p. 175; Part II, pp. 31, 32; Wolff, pp. 328, 329. See also § 39. To avoid repetition of words, this punishment will hereafter be designated in the translation as reduction simply. 13 moval from the army or from the navy must always be adjudged in conjunction with a sentence to imprisonment in a penitentiary, and in conjunction with a sentence of for- feiture of civil honorary rights, whenever the term of the forfeiture exceeds three years. In cases of officers, such removal must be adjudged- 1. In conjunction with a sentence to imprisonment in a penitentiary, or a sentence of forfeiture of civil honorary rights, without regard to the term of the forfeiture; 2. Wherever in cases of non-commissioned officers or pri- vates reduction is enjoined. Removal from the army or the navy may be adjudged in conjunction with a sentence of confinement in a jail for a term exceeding five years; it may be adjudged moreover against officers in all cases in which, for non-commissioned officers and privates, reduction is allowable. §32. Removal from the army or the navy involves, as legal results : 1. The loss of the party's position in the service and of the distinctions connected with it, as well as of all claims acquired through military service, so far as the same can be taken away by judicial sentence ; 2. The permanent loss of orders and badges of distinction ; 3. Disqualification to re-enter either the army or the navy. §33. In the case of officers retired on pension, in lieu of re- moval from the army or navy, there is to be adjudged a loss of the official title. With this loss ensue in law, at the same time, the consequences indicated in numbers 2 and 3 of § 32, as well as the forfeiture of the right to wear the uniform of an officer. §34. Dismissal from the service must he adjudged- 1. In conjunction with a sentence of disqualification to hold public office ; 14 2. In cases where, as against non-commissioned officers, degradation is made imperative. Dismissal from the service may be adjudged- 1. In conjunction with a punishment in deprivation of liberty for a term longer than one year; 2. In cases where, as against non-commissioned officers, degradation is made discretionary. §35. Dismissal from the service involves as a legal consequence the loss of the party's position in the service, and of all claims acquired through service as officer, so far as the same can be taken away by judicial sentence; as likewise the for- feiture of the right to wear the uniform of an officer. Loss of military title is not connected with this punishment. §36. In the case of officers retired on pension, who have the right to wear the officer's uniform, a loss of this right is to be adjudged in the place of dismissal from the service. §37. Reduction must be adjudged in connection with the for- feiture of civil honorary rights, when the term of this for- feiture does not exceed three years. Reduction may be adjudged- 1. In a case where the offense has been reiterated after the second instance; 2. In cases of sentences for theft, embezzlement, robbery, extortion, concealing stolen property, fraud, or falsification of documents; and also where a forfeiture of civil honorary rights is not incurred. § 38. One who, having been already twice convicted and pun- ished on account of military offenses, is a third time con- victed of such an offense, may, in conjunction with the punishment in deprivation of liberty, be also sentenced to reduction. 15 The same penalty may be imposed where, beside a judicial punishment, several discipline-punishments of the highest grade have been executed in the case, and, upon the occa- sion of a second commission, there ensues a condemnation for a military offense. The increase of the punishment will not be incurred where, since the act last punished up to the commission of the offense, six months have elapsed. §39. Reduction involves, in law, the permanent loss of orders and badges of distinction. Further, one sentenced to this punishment may not wear the military cockade, and will be precluded from making good his claims to maintenance, so far as the same can be divested by judicial sentence. §40. Degradation must be adjudged- 1. In conjunction with the punishment of confinement in a jail for a term longer than one year; 2. In conjunction with reduction; 3. In conjunction with a sentence of disqualification to hold public office. Degradation may be adjudged- 1. In conjunction with the punishment of confinement in a jail for one year or a shorter term; 2. In a case where the offense has been reiterated after the second instance; 3. In a case of the commission of a punishable act of the kind indicated in number 2, clause 2, § 37. Degradation legally involves a return to the rank of pri- vate, and the forfeiture of claims acquired through service as a non-commissioned officer, so far as the same can be divested by judicial sentence. §41. If a person of the absent-on-leave status be sentenced, §42. 16 during the term of his leave of absence, either to imprison- ment in a penitentiary, forfeiture of civil honorary rights, or disqualification to hold public office, he incurs also, as a legal consequence, those punishments involving loss of mili- tary honors, which, according to the provisions of §§ 30 to 40, must be adjudged in the case of such a person. If a person of the same class incurs, during the term of his leave of absence, a conviction, on account of the com- mission of a punishable act of the kind indicated in number 2, clause 2, § 37, a separate procedure by court martial* may be ordered, for the purpose of passing upon the case, whether dismissal from the service or degradation is to be adjudged. Second Chapter. PUNISHMENTS FOR MILITARY OFFICIALS. Loss of office may be adjudged in cases of military offi- cials- 1. In conjunction with a punishment in deprivation of liberty for a term longer than one year ; 2. Where a conviction has been incurred by reason of the commission of a punishable act of the kind indicated in number 2, clause 2, paragraph 37. §43. *The courts-martial in the German army are distinguished as corps, divis- ion, regimental, and garrison courts. The peculiarity of their make-up, in which they differ most from our courts, is, that upon the detail there are at least two members of the same grade as the accused, whether he be officer, non-commissioned officer, or private. Upon the general subject of such courts, see the treatises, before cited, of Witzleben, Part I, pp. 168-180; Wolff, pp. 333-342; also Fleck's " Strafverfahren," pp. 5-43. 17 §44. Arrest is to be enforced against military officials of the superior grade in the form of arrest in quarters ; against those of the inferior grade in the form of mild arrest. §45. The rules prescribed in §§ 14 and 15, apply also to mili- tary officials. Third Chapter. ATTEMPT. §46. Where, in conjunction with the penalty for a consum- mated crime or offense, punishments involving the loss of military honors are either mandatory or permissible, the same are permissible also in conjunction with the penalty for the attempt to commit such crime or offense. Fourth Chapter. PARTICIPATION. §47. Where a penal law is violated through the execution of an order, in a matter connected with the service, the supe- rior officer giving the order is alone accountahle. The in- ferior, however, who obeys the order, incurs a penalty as a participator, in the following cases: 1. Where he has exceeded the order given him. 2. Where it was known to him that the order of the superior had reference to an act which had in view a civil or a military crime or offense. 18 Fifth Chapter. GROUNDS WHICH PRECLUDE, MITIGATE, OR ENHANCE THE PUNISH- MENT. §48. The punishableness of an act or omission is not removed by the fact that, in the estimation of the perpetrator, his conduct was enjoined by his conscience or the precepts of his religion. §49. The violation of a military obligation through fear of personal danger is to be punished in the same manner as where the result of deliberate purpose. In the case of punishable acts against the obligations of military subordination, as well as of all punishable acts committed in the performance of military service, the self- induced drunkenness of the offender constitutes no ground for mitigation of punishment. The punishment of military crimes and offenses, as pro- vided by law, is to be adjudged irrespective of the age of the offender. §50. §51. A military crime or offense is to be prosecuted independ- ently of the motion of the injured party, or of that of any other person authorized to move in the matter. §52. In fixing the term during which a punishment may legally be continued or executed, arrest is to be reckoned as imprisonment. §53. Wherever this Code provides for the increase, under cer- 19 tain circumstances, of a stated punishment in deprivation of liberty, the same may be raised to double the term prescribed for the particular crime or offense; provided, however, it does not exceed the legally-authorized maximum of the spe- cies of this punishment which is to be imposed. (See §§ 16, 17, 24.) §54. Where there concur several punishments in deprivation of liberty, of specific terms, a total-punishment is to be ad- judged in conformity with the precepts of the German Civil Penal Code. The same may in no case exceed the legally- authorized maximum of the species of this punishment which is to be imposed. If the consolidated punishment is ad- judged because of the concurrence of military with civil crimes or offenses, the maximum of the punishment for the latter is determined by the precepts of the German Civil Penal Code. If the concurring punishments, in deprivation of liberty, consist only of forms of arrest, the consolidated punishment may consist also only in arrest. If the punishments by arrest are of different kinds, one day of rigorous arrest is to be treated as equivalent to two days of moderate arrest, and one day of moderate arrest to two days of mild arrest. The imposition by sentence of a consolidated punishment does not exclude the imposition at the same time of a pun- ishment involving the loss of civil honor: provided, that the latter is mandatory or permissible in conjunction with one of the incurred separate punishments. §55. In the absence of special provisions on the subject in this Code, an increased punishment is to be adjudged in the fol- lowing cases: 1. Against superior officers who join with their subor- dinates in the commission of an act of a punishable charac- ter, or are otherwise concerned in such an act as committed by the latter. 20 2. Where punishable acts are committed in the misuse of arms, or the abuse of military authority, or in the course of the performance of military service. 3. Where several individuals, amidst a tumultuous gath- ering, or in the presence of an assemblage of people, jointly commit punishable acts. SECOND PART. OF THE SEPARATE CRIMES AND OFFENSES AND THEIR PUNISHMENT. FIRST TITLE. MILITARY CRIMES AND OFFENSES OF PERSONS OF THE MILITARY STATE. First Chapter. HIGH TREASON, (TREASON AGAINST THE EMPERORj) TREASON AGAINST THE COUNTRY ; WAR TREASON. §56. To the case of a person of the Military State who becomes guilty of a high treason against the Emperor or against the Country, the provisions of the German Civil Penal Code (§§ 80-93) are applicable. §57. Whoever, in the field, commits a treason against the country, is to be punished, as for a war treason, with im- prisonment in a penitentiary, either for life or for a term not less than ten years. §58. A person is punishable with death, for the offense of war treason, (§ 57,)who, with the intention to give aid to a hos- tile force, or to cause injury to the German or allied troops: 1. Commits one of the punishable acts indicated in §90 of the German Civil Penal Code; 2. Destroys or renders unserviceable roads or telegraph lines or apparatus; 3. Betrays the secret of the guard, the rallying or war- cry, or the countersign ; 22 4. Who, in the presence of the enemy, makes false an- nouncements or transmits false communications relating to military matters, or neglects to make or transmit true ones ; 5. Who serves the enemy as a guide on a military expe- dition against German or allied troops, or as' a guide leads astray German or allied troops engaged in war; 6. Who, in the presence of the enemy, makes military signals or other signs calculated to alarm or lead astray the troops, or calls upon them to take to flight, or prevents the rallying of dispersed troops; 7. Who entirely or partially leaves unexecuted, or arbi- trarily modifies, a military order; 8. Who orally or in writing carries on, or endeavors to carry on, intercourse in regard to matters relating to the conduct of the war, with persons in the army, the navy, or the territory, of the enemy; 9. Who divulges to the army invitations or proclamations on the part of the enemy; 10. Who* neglects the care which his duty requires him to take for the maintenance of the troops ; 11. Who sets free prisoners of war taken from the enemy ; or, 12. Who communicates to the enemy a signal-book or an extract from one. In cases of the less grave offenses of this class, the pun- ishment is incurred of imprisonment in a penitentiary for life, or for a term not under ten years. §59. Where several persons have concerted a war treason, without its reaching a consummation or a criminal attempt at the same, a punishment is incurred of imprisonment in a penitentiary for not less than five years. §60. Whoever, at a time when the prevention of the crime is possible, receives authentic information of an intended war treason, and neglects to give seasonable notice of it, is, if the 23 crime itself or a criminal attempt at it is actually committed, to be punished as a participator. §61. A party to an intended war treason secures exemption from punishment, if, while the military authorities remain unapprized of the same, he gives notice of it in such a man- ner that the prevention of the crime is possible. Second Chapter. ENDANGERING THE ARMY IN THE FIELD. §62. Whoever, in the field, through an intentional violation of a military duty, causes the enterprises of the enemy to be promoted, or exposes to danger or involves in loss either German or allied troops, is to be punished with imprison- ment in a penitentiary, or in a jail or a fortress, for a term not exceeding ten years. In the less aggravated cases, as well as in cases where the violation of duty was not inten- tional, punishment in deprivation of liberty is incurred for a term not exceeding three years. In conjunction with imprisonment in a jail, there may also be adjudged the punishment of reduction. §63. The following are to be punished with death, viz: 1. The commandant of a strong place who surrenders it to the enemy without having previously exhausted all means for its defense; 2. The commanding officer in the field who, neglecting his available means of defense, either abandons the post intrusted to him, or surrenders it to the enemy; 3. The commander who, without previously doing all that 24 his duty requires of him, capitulates in the open field, and his act involves the laying down of their arms by the troops under his command. 4. The commander of a ship of the navy, who surrenders the same, or the ship's company, to the enemy, without having previously done everything that duty required of him to avoid such surrender. In cases of the less grave offenses of the classes indicated in numbers 2 and 3, there is incurred the punishment of imprisonment in a fortress either for life or for a term not less than five years. Third Chapter. UNAUTHORIZED ABSENCE AND DESERTION FROM THE COLORS. §64. Whoever arbitrarily absents himself, or intentionally re- mains at a distance from his troop or his military station, or arbitrarily exceeds the leave of absence granted him, is, for the offense of unauthorized absence, to be punished with deprivation of liberty for a term not exceeding six months. §65. It is alike to be regarded as an unauthorized absence when, in the field, a person of the military state neglects- 1. To attach himself again to a troop from which he has deviated, or to the nearest troop; or, 2. Upon ceasing to be held as a prisoner of war, to report himself forthwith to some detachment of troops. The act is similarly to be regarded, where a person of the navy, upon being separated from his ship outside of home- waters, neglects to report himself without delay to the same or some other German ship of war, or to the nearest Ger- man consulate. 25 §66. If, through the fault of the absent person, the absence continues longer than seven days, or-in the field-longer than three days, a punishment is incurred of imprisonment in a jail or a fortress for a term not to exceed two years. §67. Where, in the field, the absence lasts longer than seven days, there is incurred a punishment in deprivation of lib- erty of from six months to five years. §68. A like punishment (§ 67) is incurred by a person of the absent-on-leave status, who, upon the state-of-being-in-read- ness for war being made known, or a mobilization of the forces being ordered, neglects to comply with the call to service thereby communicated or with a public summons to repair to his station within three days after the expira- tion of the term fixed. §69. Whoever becomes guilty of an unauthorized absence, (§§ 64, 65, 68,) with the view of permanently avoiding the fulfillment of the obligation, imposed by law or voluntarily assumed by him, to render military service, is to be punished as for an abandonment of his colors or desertion. §70. The offense of deserting the colors is to be punished by imprisonment in a jail from six months to two years; a first repetition of the offense by a similar imprisonment of from one year to five years; and a further repetition, by im- prisonment in a penitentiary of from five to ten years. The attempt is punishable. • §71. The offense of deserting the colors, when committed in the 26 field, is to be punished with imprisonment in a jail of from five to ten years; upon a repetition of the offense, where the first instance did not occur in the field, there is incurred imprisonment in a penitentiary of not less than five years; where the same did occur in the field, there is incurred the death-penalty. §72. Where several persons have concerted and jointly execut- ed a deserting of the colors, the punishment incurred by each, of imprisonment in a penitentiary or a jail, is increased by a term of from one year to five years. If the act is committed in the field, there is incurred, in- stead of imprisonment in a jail, an imprisonment of a like term in a penitentiary; in the cases of the ring-leader and the author of the combination, there is incurred the death- penalty. §73. Deserting the colors by fleeing from a post before the enemy, or from a besieged fortress, is to be punished with death. The same punishment is to befall the fugitive from the colors who deserts to the enemy. §74. In conjunction with the punishment of imprisonment in a jail, incurred for the offense of deserting the colors, is to be adjudged that of reduction. §75. If a deserter from the colors appears and surrenders him- self within six weeks after the consummated desertion, and the same was not committed in the field, the punishment of imprisonment in a penitentiary or a jail, incurred by him, may be abated up to one-half; further, when there has been no repetition of the offense, the incidental punishment of reduction may be omitted. In cases, however, of non- commissioned officers, degradation must be adjudged. 27 §76. The punishment incurred by a deserter from the colors can no longer legally be executed from and after the day on which the party, if he had not committed the act of deser- tion, would have fulfilled the engagement for service legally imposed upon, or voluntarily assumed by, him. §77. Whoever receives authentic information of an intended desertion of the colors, at a time when it is possible to pre- vent it, and neglects to give prompt information thereof to his superior officer, is, if the desertion has actually been consummated, to be punished with deprivation of liberty, for a term not to exceed six months, or if the desertion is committed in the field, with the same punishment for a term of from one year to three years. §78. • Whoever deliberately induces another person to desert his colors, or promotes such a desertion, is, if the desertion has been consummated, to be punished with imprisonment in a jail of from six months to two years; in the field, with the same punishment for a term of from five to ten years. And at the same time he may be sentenced to reduction. The attempt is punishable. §79. A prisoner who sets himself free, if not incurring the more severe punishment of a desertion from the colors, is to be punished with deprivation of liberty for a term not exceeding six months. §80. An officer who, while undergoing an arrest in quarters, quits at will his lodgings, is to be punished with deprivation of liberty for a term not exceeding six months; and at the same time he is to be sentenced to a dismissal from the service. 28 An officer who, while undergoing an arrest in quarters, receives visits contrary to the prohibition of § 23, is to be punished with deprivation of liberty for a term not exceed- ing six months; and, in the more aggravated cases, is also to be sentenced to be dismissed. Fourth Chapter. SELF-INJURY AND SIMULATION OF BODILY DEFECTS. §81. Whoever, by self-mutilation or in any other manner, de- liberately makes himself unfit for the fulfillment of his legally-imposed or self-assumed obligation to render ser- vice, or causes himself to be made unfit by another person, is to be punished with imprisonment in a jail for a term of from one year to five years; and at the same time he is to be sentenced to reduction. If incapacity to perform labor for military purposes is in- duced by the act, the term of imprisonment incurred by the offender is to be extended by a period of from three months to one year; and at the same time there is to be adjudged in the case a removal from the army or the navy. The attempt is punishable. §82. The same punishments in deprivation of liberty are to be- fall a party who renders another person, at the instance of the latter, unfit for the fulfillment of his legal, or voluntarily- assumed, obligation to render service; and with such pun- ishments may be adjudged also that of reduction. §83. Whoever, with the intention of avoiding, entirely or par- tially, the fulfillment of his legal, or voluntarily-assumed, obligation to render service, resorts deliberately to expedi- 29 ents for imposition, is to be punished with deprivation of liberty for a term not to exceed five years; and at the same time may be sentenced to reduction. The same provisions in regard to punishment apply to the case of a participator. Fifth Chapter. COWARDICE. Whoever, during an engagement with the enemy, takes to flight through cowardice, and, by words or signs, induces his comrades to fly, is to be punished with death. §84.. §85. Punishment of imprisonment in a penitentiary for a term not exceeding five years is to be visited upon one who, through cowardice- 1. In the advance to battle, during the engagement, or upon the retreat, secretly remains behind his detachment, slinks away or keeps himself hidden from the same, takes to flight, throws away or abandons his arms or ammuni- tion, or renders unserviceable his horse or his arms; or, 2. By pretending to be wounded or ill, or by purposely making himself drunk, attempts to withdraw himself from an engagement, or from the performance of some other ser- vice before the enemy w'hich is accompanied with personal danger. In cases of the less grave offenses of this class, there is incurred the punishment of imprisonment in a jail for from one year to five years, as also that of reduction. §86. If in the case of any of the offenses specified in § 85, the cowardice of the party has involved a material loss or in- jury, there is incurred the punishment of imprisonment in a 30 penitentiary for a term not less than five years. If it has occasioned the death of a man, there is incurred the same form of imprisonment, either for life or for a term not under ten years. §87. Whoever, in any case other than those designated in §§84 and 85, is induced, by apprehension of personal dan- ger, to violate an obligation to perform certain military service, is to be punished with deprivation of liberty for a term not to exceed three years, and at the same time with reduction. • §88. Where the offender, in one of the cases specified in §§ 85 and 86, has, since his offense, exhibited conspicuous proofs of courage, his punishment may be abated below the mini- mum of the punishment in deprivation of liberty threatened by the law; and, in the cases specified in. §§ 85 and 87, may even be entirely omitted. Sixth Chapter. PUNISHABLE ACTS IN VIOLATION OF THE OBLIGATIONS OF MILITARY SUBORDINATION. §89. Whoever, while on duty, or in connection with a matter pertaining to the service, violates his obligation to pay due respect to his superior officer, especially if, in public, he makes complaints or manifests opposition to a rebuke, is to be punished with arrest. Where the offense of disrespect is committed under arms, or in the presence of the assembled body of troops, or where it takes the form of a menace, there is to be adjudged the punishment of rigorous arrest for not less than fourteen 31 days, or of imprisonment in a jail or fortress not to exceed three years. §90. Whoever, upon being interrogated about a matter per- taining to the service, knowingly tells an untruth to his superior officer, is to be punished with arrest. §91. Whoever offers an affront to his superior officer, or to one higher in rank in the service than himself, is to be punished with deprivation of liberty for a term not to exceed two years; and if the affront is offered during the performance of military duty, or in relation to an act connected with such duty, with the same punishment, for a term not to exceed three years. If the affront is offered by the making public of writings, representations, or pictures, imprisonment in a jail or fort- ress for a term not to exceed five years is to be adjudged. If the affront is of a defamatory .character, there is in- curred imprisonment in a jail for the same term. §92. Disobedience of orders in matters pertaining to the ser- vice, whether through a non-observance, or arbitrary vari- ation, or transcending of, the same, is to be punished with arrest. §93. If a considerable loss or injury be caused through a dis- obedience of orders, there is to be imposed the punishment of a rigorous arrest of not under fourteen days, or of impris- onment in a jail or fortress for a term not to exceed ten years; if caused in the field, the offender is to be punished with deprivation of liberty for a term not under one year, or for life. If, through the disobedience, there is incurred the risk of a considerable loss or injury, the punishment is to be depri- vation of liberty for a term not exceeding two years; and in 32 the field, the same punishment for from three months up to three years. §94. Whoever positively refuses obedience to an order, or else by words, gestures, or other acts intimates such a refusal, or calls to account a superior officer because of an order or a rebuke received from the latter, or persists in disobeying an order as to a matter relating to the service when such order has been reiterated, is to be punished with a rigorous arrest of not under fourteen days, or with imprisonment in a jail or fortress for a term not exceeding three years. §95. Where one of the offenses specified in § 94 is committed before the assembled body of troops, and either while under arms, or in reference to an order to go under arms, there is incurred the punishment of imprisonment in a jail or fort- ress for a term not less than one year. Where one such offense is committed in the presence of the enemy, there is incurred deprivation of liberty for a term not less than ten years. Where the offense consists in the positive refusal by word or act to obey an order issued in the presence of the enemy, the death-penalty is to be imposed; or, in the less aggravated cases, deprivation of liberty for a term not less than ten years or for life. Whoever by means of force or threats attempts to obstruct a superior officer in the execution of an order relating to the service, or to constrain him either to do or to omit to do an act pertaining to the service, is to be punished, for the offense of resistance, or opposition to authority, by depriva- tion of liberty for from six months up to ten years; and, in the field, with imprisonment in a jail for a term not less than two years. The same punishment is incurred where the act of the offender is directed against troops ordered or rallied to the relief of the superior. §96. 33 §97. Whoever violently lays hands upon a superior officer, or attempts to make a violent assault upon him, is to be pun- ished with deprivation of liberty for a term not less than three years; or, in the less aggravated cases, with the same punishment for a term not less than one year. Where the offense is committed while under arms, or else on duty, or in the presence of the assembled troops, or is committed with arms or other dangerous weapon, there is incurred dep- rivation of liberty for a term not less than five years; or, in the less aggravated cases, the same punishment for a term not less than two years. Instead of imprisonment in a jail or fortress, there is to be adjudged imprisonment in a penitentiary for an equal term, where the violence has caused the severe bodily injury or death of the superior. Where the violence is committed in the field, there is in- curred the death-penalty; or, in the less aggravated cases, or where the violence is committed off duty, deprivation of liberty for a term not under ten years or for life. In conjunction with imprisonment in a jail, or in a fort- ress, is also to be adjudged dismissal from the service. §98. Where a subordinate, exasperated by the fact that his superior has treated him contrary to existing orders, or has exceeded his authority over him, is instantly hurried away to the commission of one of the punishable acts indicated in §§ 89 to 97, and the same is an act threatened with death or deprivation of liberty for life, there is to be adjudged the offender a deprivation of liberty for a term not less than three years. If the act is threatened by law with depriva- tion of liberty for a specific term, the punishment to be im- posed may be reduced to a half of the minimum term of the deprivation as threatened; and if such half amounts to more than one year, the reduction may be extended to a one year's term. In the case of officers also the punishment of dismissal may be omitted. 34 If the proceeding of the superior takes the form of ill- usage or degrading treatment of the inferior, the punish- ment, where the half of its minimum as threatened by law amounts to more than six months, may be reduced to a term of six months; it may in no case exceed the third part of the maximum as fixed by the law. §99. Whoever invites or incites a person of the military state to an act of disobedience, of resistance, or of violence against his superior officer, is to be punished equally with such per- son, if the inviting or inciting has actually resulted in the commission by the latter of a punishable act or a punish- able attempt at one. If the inviting or inciting has remained without result, there is to be adjudged a deprivation of lib- erty for a term not to exceed two years; and, in the field, a moderate or rigorous arrest, or imprisonment in a jail or fortress, not to exceed five years. The punishment, how- ever, may not be more severe, in proportion to its kind or measure, than that threatened for the act itself. §100. Whoever invites or incites several persons of the military state jointly to refuse obedience to a superior, or to oppose themselves to him, or to do him violence, is, without regard to whether a result has ensued, to be punished-for the offense of insfo'gatfwn to rebellion-with imprisonment in a jail for a term not under five years. If through the act a considerable loss or injury has been caused to the service, there is incurred imprisonment in a jail of not under ten years; and, in the field, the same kind of imprisonment for life. Whoever, without authority, gets up a meeting of per- sons of the military state for the purpose of consultation about military matters or regulations, or collects signatures to a joint remonstrance in regard to such subjects, is to be punished with deprivation of liberty for a term not to §101. 35 exceed three years; and at the same time there may be adjudged a dismissal from the service. The parties concerned in such an assembling, remon- strance, or complaint, are to be punished with deprivation of liberty for a term not to exceed six months. Whoever undertakes to stir up discontent in regard to the service among his comrades, by means of verbal state- ments, is to be punished with deprivation of liberty not to exceed three years. If the same is done by means of the making public of writings, representations, or pictures, or if it is done in the field, there is to be adjudged either moderate or rigorous arrest of not less than fourteen days, or imprisonment in a jail or fortress for a term not to exceed five years. §102. §103. Where several persons have jointly concerted a diso- bedience of orders, or an act of resistance or violence to a superior officer, the same is to be punished as mutiny. The punishment to be imposed is to be determined by the par- ticular provision of law having reference to the act of which the commission has been concerted, and is further to be increased by a term of from three months to two years. If a punishable overt act has been committed as a result of such concerting, the punishment with which it is threat- ened by law is to be enhanced according to the provisions of § 53, provided the punishment thereby authorized is more severe than that which would be incurred under the above first clause of the present paragraph. Whoever receives authentic information of a mutiny at a time when the prevention of the concerted act is possible, and neglects to give prompt information of it, is, if the act has been consummated, to be punished with deprivation of liberty for a term not to exceed three years. §104. 36 §105. A person secures exemption from punishment who, being concerned in a mutiny, gives notice of the same before the military authorities are otherwise apprized of it, and in such a manner that the prevention of the concerted act is pos- sible. §106. Where several persons have conspired together and united in a plot to deny obedience to the orders of a superior, or to resist him, or do him violence, each person taking part in such conspiracy is, for the offense of military sedition, to be punished with imprisonment in a jail for a term not less than five years; and, in the field, with the same punish- ment for a term not less than ten years. At the same time is to be adjudged also the penalty of reduction. §107. The originator and the ringleader of a military sedition, as well as the persons engaged in it, by whom an act of vio- lence is committed against the superior officer, are to be punished with imprisonment in a penitentiary for a term not less than five years, or for life; and if the sedition occurs in the field, with death. §108. Where the sedition occurs in the presence of the enemy, those engaged in it incur the death-penalty. Those concerned in a military sedition who return to dis- cipline before any act of violence has been committed against the superior officer, are, if not originators or ringleaders, to be punished with imprisonment in a jail or fortress for a term not to exceed two years. Where the return to discipline ensues on the part of all those concerned in the sedition, there is to be adjudged, in the case of the originator and ringleader, the punishment of imprisonment in a jail or fortress of from two to five years. §109. 37 §no. Equally with the originator of a military sedition is to be punished any person concerned therein, who, 1. Although personally summoned to obedience by the superior, positively refuses by word or act to comply; 2. By improper use of military signals, or by other signs resorted to in connection with the sedition, promotes the same; or 3. Assumes the highest military rank among those engaged in the sedition. §111. Whoever violates the obligation to pay the respect due to a military guard, or is guilty of an affront to him, or of disobeying his directions, or of an act of resistance to him or of violence against him, is to be punished in the same manner as if he had committed the offense against a supe- rior officer, As military guards, in the sense of this Code, are to be regarded all persons of the military state, ordered upon guard or military-police duty, inclusive of the field-police and the personale of the staff-guard of the navy, who are engaged in the performance of this service and are out- wardly distinguishable as such. Whoever, for some cause growing out of the military- service, challenges to fight a duel his superior officer, or one of higher military rank than himself, is to be punished with deprivation of liberty for not less than one year; and, if the duel shall actually come off, with the same punish- ment for not less than three years, and at the same time with dismissal from the service. Like punishments befall the superior who accepts the challenge or engages in the duel. §112. §113. A person of the absent-on-leave status, though not on duty, will be punished according to the directions of this 38 chapter, if he commits one of the offenses specified in § 101, or any other of the punishable acts provided for in this chapter, in the course of his military relations with a supe- rior, or while wearing the military uniform ; or if he is guilty of disobedience of orders or of resistance to a lawful order in a matter connected with the service. Seventh Chapter. IMPROPER USE OF MILITARY AUTHORITY. Whoever abuses his military authority over an inferior by orders or requirements which have no relation to the ser- vice, or for private purposes; as well as he who exacts presents from an inferior; or accepts from him a loan of money or a present without the previous knowledge of the common superior; or else, through his position in the ser- vice, induces an inferior to enter into obligations to him which are injurious to such inferior or which may prejudice their reciprocal relations to the service-is to be punished with imprisonment in a jail or fortress for a term not to exceed two years; or, in the less aggravated cases, with arrest. In the more aggravated cases, especially in a case of a second offense, the offender may be further sentenced to dismissal from the service or degradation. §114. §115. Whoever, through an abuse of his authority or position in the service, deliberately induces an inferior to commit an act which is threatened by law with punishment, is himself to be visited with an increased punishment, as perpetrator or as originator of the offense. §116. Whoever attempts, through an abuse of his authority or 39 position in the service, to induce an inferior to commit an act threatened by law with punishment, is to be punished with deprivation of liberty for a term not to exceed one year. §117. A superior who, by threat of injurious consequences, or by other unlawful means, seeks to deter one or more inferi- ors from the making or prosecuting of complaints; or sup- presses or attempts to suppress a complaint regularly trans- mitted to him, and which he is officially bound to forward or investigate-is to be punished with deprivation of liberty for a term not to exceed five years, and at the same time may be sentenced to dismissal from the service or degradation. §118. Whoever deliberately exceeds his authority to inflict pun- ishment, especially if he orders the imposition of a punish- ment which he knows to be unmerited or unauthorized, is to be punished with imprisonment in a jail for a term not to exceed five years, and at the same time may be sentenced to dismissal from the service. §119. Whoever deliberately exercises an unlawful influence upon the administration of justice, shall be punished with confine- ment in a jail for a term not to exceed five years, and at the same time may be sentenced to dismissal from the service or degradation. In the less aggravated cases is to be adjudged confinement in a fortress for a term not to exceed five years. §120. Whoever, without authority, assumes to do an act which may be done only by virtue of an adequate authority to issue orders or impose punishment, is to be punished with depri- vation of liberty for a term not to exceed one year. §121. Whoever offers offense to an inferior, or is guilty of an 40 unlawful treatment of one, is to be punished with depriva- tion of liberty for a term not to exceed two years. If the offense is of a defamatory character there is incurred imprisonment in a jail for a term not to exceed five years. Whoever deliberately strikes or beats an inferior, or other- wise bodily maltreats him or injures him in health, is to be punished with imprisonment in a jail or fortress for a term not to exceed three years. In the less aggravated cases the punishment may be reduced, provided it does not fall below one week's arrest. There also may, and in cases of offenses after the second must, be adjudged, in conjunction with the punishment of imprisonment in a jail or fortress, that of dismissal from the service or degradation. §122. §123. Where the superior has, by his act, caused a severe bodily injury to the inferior, he is to be punished with imprison- ment in a penitentiary for a term not to exceed five years; or, in the less aggravated cases, with imprisonment in a jail or fortress of from six months to five years. Where the injury as effected was intentional, there is to be adjudged imprisonment in a penitentiary of from two to ten years. Where the injury done causes the death of the inferior, there is incurred imprisonment in a penitentiary for a term not under three years, or, in the less aggravated cases, im- prisonment in a jail or fortress of not under one year. §124. Such acts as a superior may commit ixl order to avert a violent assault of an inferior, or to procure obedience to his orders in a case of extreme necessity and pressing danger, are not to be regarded as misuse of official authority. This applies especially to a case where an officer, in de- fault of other means to maintain an absolutely necessary obedience, finds himself in a position where he is obliged to 41 make use of arms against an inferior who violently opposes his authority. §125. A military guard who commits any of the acts specified in §§ 114 to 116 and 118 to 123, is to be punished in the same manner as where the same are committed by a supe- rior officer. Where the act is committed against a person who is the superior of the offender, when not on guard, an increased punishment is incurred. The law, as prescribed in §124, applies here also. §126. A person of the absent-on-leave status, though not on duty, will be punished according to the rules prescribed in this chapter, if in his military intercourse with an in- ferior, or while wearing the military uniform, he commits one of the punishable acts which are the subject of this chapter. Eighth Chapter. UNLAWFUL ACTS IN THE FIELD AGAINST PERSONS OR PROPERTY. §127. If a person of the military state commits, in the field, a larceny, an embezzlement, a bodily injury to some one, or a crime or offense against morality, the prosecution of the punishable act is to proceed independently of any action on the part of the injured individual, or other person entitled to take action in the case. §128. Whoever, in the field, strays at will from his troop for purposes of plunder, or appropriates as booty things subject only to be so taken for public uses, is to be punished with deprivation of liberty for a term not exceeding three years; and at the same time may be sentenced to reduction. 42 A like punishment befalls a person who illegally appro- priates to his own use property rightfully taken by him as booty, and which he is bound to deliver up. §129. A person makes himself guilty of plundering, who, in the field, availing himself of the terror inspired by war, or by an improper use of his military superiority- 1. Openly takes or extorts from an inhabitant of the country an article of property belonging to him, with the design of illegally appropriating the same; or, 2. Without authority levies war taxes or compulsory requisitions, or exceeds the measure of the requisitions proper to be made by him, provided the same is done for the purpose of personal profit. §130. It is not to be regarded as plundering when the appropria- tion extends only to articles of subsistence, clothing, fuel, or forage, or to means of safety or transport, and does not exceed a proper proportion to the existing necessity. §131. Plundering is to be punished with imprisonment in a jail not to exceed five years, and with reduction. §132. Malicious or mischievous destruction or waste of other peoples' property, in the field, is to be punished with dep- rivation of liberty not to exceed two years, and in the more aggravated cases is to receive the same punishment as plun- dering. § 133. Where plundering, or a similarly punishable act, is ac- companied with violence against a person, imprisonment in a penitentiary for a term not to exceed ten years is to be adjudged. Where, through such violence, a severe bodily injury is occasioned, there is incurred imprisonment in a penitentiary of not less than ten years; and where the 43 death of a man is caused, the death-penalty; or, in the less aggravated cases, penitentiary for life. In the same manner are the ringleaders to be punished where the act is committed by several. And those who are concerned in the offense, without themselves being guilty of any act of violence, incur imprisonment in a jail for a term not to exceed ten years, and at the same time the pen- alty of reduction. Whoever, in the field, with a view of illegally appropri- ating the same, takes a piece of property from a person belonging to the German or allied forces and who is left on the battle-field; or from a sick or wounded man upon the battle-field, upon the march, upon a transport, or in hos- pital ; or takes or extorts an article of property from a pris- oner of war who is intrusted to his custody and protection- is to be punished with imprisonment in a penitentiary for a term not to exceed ten years; or, in the less aggravated cases, with imprisonment in a jail not to exceed five years and with reduction. And at the same time there may be adjudged a forfeiture of civil honorary-rights. §134. §135. Whoever, in the field, as a straggler, commits acts of oppression against the inhabitants of the country, is to be punished, for the offense of marauding, with imprisonment in a jail for from six months to five years; and at the same time there may be adjudged the penalty of reduction. Where the act is committed by several persons, who have combined for purposes of such oppression, or where the same partakes of the nature of a plundering, or other simi- larly punishable offense, there is incurred by each person concerned the penalty of imprisonment in a penitentiary for a term not to exceed ten years. §136. Where one of the punishable acts specified in §§ 129 to 133 and in § 135, is committed against a German or an 44 inhabitant of an allied State, an increased punishment is to be adjudged; and if a punishment more severe than that provided for the offense in this Code be threatened by the general penal law of the land, the same is to be imposed in the case. Ninth Chapter. OTHER UNLAWFUL ACTS AGAINST PROPERTY. §137. Whoever deliberately and illegally injures, destroys, or abandons an article of property pertaining to the military service, is to be punished by deprivation of liberty for a term not to exceed two years; and, in cases of peculiar aggrava- tion, there may also be imposed the penalty of reduction. §138. Whoever, in the course of the performance of a military service, or in violating the obligations of his official position, renders himself guilty of a larceny or an embezzlement of property which, by reason of such service or position, has been intrusted to him or put in his way, is to be punished with moderate or rigorous arrest of not less than fourteen days, or with imprisonment in a jail for a term not less than five years; and at the same time there may be adjudged a forfeiture of civil honorary-rights. A like punishment is incurred by one who commits a theft or an embezzlement against a superior officer or a comrade, or against the inn- keeper or party upon whom he is billeted, or any person belonging to his household. Where the act constitutes a crime in the sense of the gen- eral penal law of the land, the punishment therein provided is to be imposed. 45 Tenth Chapter. VIOLATION OF OFFICIAL OBLIGATIONS IN THE PERFORMANCE OF PAR- TICULAR OFFICIAL FUNCTIONS. Whoever deliberately presents erroneous official certifi- cates, or makes erroneous official reports, announcements, or statements; or who knowingly forwards any such, is to be punished with imprisonment in a jail for from six months to three years, and with reduction. In the less aggravated cases is incurred moderate or rigorous arrest, or imprison- ment in a jail or fortress for a term not to exceed six months. §139. §140. Whoever, in consideration of an act which involves the breach of an official obligation, accepts presents or other benefits, or demands or suffers himself to be promised the same, is to be punished, for the offense of accepting bribes, with imprisonment in a penitentiary for a term not to ex- ceed five years. In the less aggravated cases is incurred deprivation of liberty for a term not exceeding three years; and where this punishment is imposed in the form of im- prisonment in a jail, there may be added the penalty of re- duction. Whoever, as commander of a military guard, detachment, or section of troops, or, as a sentinel or member of a guard, criminally disables himself from performing the duty incum- bent upon him, or wilfully abandons his post, or otherwise infringes the orders given him in relation to his duty-is to be punished with moderate or rigorous arrest of not less than fourteen days; or, in the field, with moderate or rigorous arrest of not less than three weeks, or with imprisonment in a jail or fortress for a term not to exceed two years. Where, through the violation of duty, a loss or injury is caused, there is incurred the punishment of imprisonment §141. 46 in a jail or fortress for a term not to exceed three years; or, if caused in the field, the same punishment for a term not less than three years; or, if caused in the presence of the enemy, the death-penalty; or, in the less aggravated cases, deprivation of liberty for life, or not under ten years. Where through the violation of duty in the field, there is incurred the risk of any considerable loss or injury, the punishment is to be deprivation of liberty of not less than one year ; or, where the offense is committed with the same result in the presence of the enemy, deprivation of liberty of not less than ten years. §142. Where through heedlessness in the perception of an order, there is caused any considerable damage to a ship or its ap- purtenances, such offense is to be punished with deprivation of liberty for a term not to exceed three years ; in the more aggravated cases dismissal from the service may also at the some time be imposed. Whoever, as commander of a military guard, detachment, or section of troops, or as a sentinel or member of a guard, knowingly suffers to be committed a punishable act, which he could have prevented, and which he was officially bound to prevent, is to be punished in the same manner as if such act were committed by himself. §143. §144. He who, having been charged with the duty of oversee- ing, escorting, or guarding a prisoner, deliberately allows him to escape, or effects or promotes his liberation; as well as he who fails to make a capture ordered by his superior to be made by him, or officially incumbent upon him-is to be punished with moderate or rigorous arrest of not less than fourteen days, or with imprisonment in a jail or fort- ress for a term not to exceed five years ; and in conjunction with imprisonment in a jail may also be adjudged the pen- alty of reduction. 47 Where the escape of the prisoner has been promoted or facilitated, or the capture failed to be made, through negli- gence only-there is incurred the punishment of deprivation of liberty for a term not to exceed six months. A person of the military state, who, in the course of a business with which he is charged, pertaining to the admin- istration of the army or navy, commits an act which repre- sents a crime or offense in office in the sense of the general penal law, is to be punished according to the rules prescribed in that law for cases of civil officials. §145. Eleventh Chapter. OTHER ACTS AGAINST MILITARY ORDER. §146. Whoever, without permission, leaves the guard to which he is attached, or quits his place with a detachment or upon the march, is to be punished with arrest; or, if the offense is committed in the field, with moderate or rigorous arrest, or imprisonment in a jail or fortress for a term not exceed- ing six months. Whoever culpably neglects the proper oversight of his inferiors, which is incumbent upon him; or deliberately neglects to give notice of or to prosecute the punishable acts of his inferiors, as it is incumbent upon him to do-is to be punished with deprivation of liberty for a term not to exceed six months. In the case of officers, there may be at the same time adjudged dismissal from the service. § 147. Whoever, through incautious handling of arms or am- munition, inflicts bodily injury upon a man, is to be pun- § 148. 48 ished with deprivation of liberty for a term not to exceed three years; when the death of a man is caused, with im- prisonment in a jail or fortress for a term not to exceed five years. § 149. Whoever improperly makes use of his arms, or induces an inferior to make improper use of his, is-with the reser- vation that the higher punishment provided in the last section may in an appropriate case be imposed-to be pun- ished with imprisonment in a jail or fortress for a term not exceeding one year. § 150. Whoever marries without the requisite official approval, is to be punished with imprisonment in a fortress for a term not to exceed three months, and at the same time may be dismissed the service. The absence of the official authority does not affect the validity in law of the concluded marriage. Whoever, while on duty, or after he has been ordered on duty, makes himself, by drunkenness, unfit for the per- formance of his military function, is to be punished with moderate or rigorous arrest, or with imprisonment in a jail or fortress, not to exceed one year; and at the same time may be dismissed the service. § 151. § 152. Whoever, against his better judgment, prefers a com- plaint supported by untrue statements, is to be punished with deprivation of liberty for a term not to exceed one year. Whoever wantonly reiterates complaints supported by untrue statements, or gets in a complaint by a deviation from the prescribed official course, shall be punished with arrest. 49 SECON D TITLE. MILITARY CRIMES AND OFFENSES OF MILITARY OFFICIALS. § 153. A military official who, in the field, is guilty of one of the punishable acts indicated in the first to the third, in the sixth, and in the eighth Chapter of the First Title, is to be punished according to the rules there given for the pun- ishment of persons of the military state. Instead, however, of the penalty of reduction, there is to be imposed that of loss of office. Other violations of duty on the part of military officials are to be judicially passed upon according to the existing general provisions of law applicable to the cases of civil officials. § 154. THIRD TITLE. RULES FOR THE PUNISHMENT OF PERSONS SUBJECT TO MILI- TARY LAW ONLY IN TIME OF WAR. §155. During a war which has broken out against the German Empire, all persons folding any service- or contract-rela- tion with the army engaged in the war, or sojourning with, attending, or following such army, are subject to the precepts of this Code, and particularly to the laws applicable to a state of war. § 15G. In every instance where a person holding a service or contract relation with the troops is sentenced to deprivation of liberty, there may be adjudged at the same time a can- celling of this relation. § 157. Foreign officers who are permitted with the army while engaged in a war are, unless perchance the Emperor has 50 established special regulations on the subject, to be judged according to the existing rules of law prescribed for Ger- man officers. The provisions of § 155 apply to the retinue of such officers. The provisions of this Code, which correspond to the offense, apply, according to the rank of the offender, to punishable acts committed by prisoners of war. §158. § 159. A prisoner of war who escapes by violating the parole of honor which he has given, or, when enlarged upon a parole, violates the promise thereby made, is to be punished with death. The same punishment is to befall a person who, after hav- ing been released from captivity as a prisoner of war, upon certain conditions, violates those conditions at any time before the termination of the war. §160. A foreigner or a German who, during a war which has broken out against the German Empire, becomes guilty, within the theatre of war, of one of the acts for which pun- ishment is provided in §§ 57 to 59 and § 134, is to be pun- ished according to the rules prescribed in those paragraphs. §161. A foreigner or a German who, in a foreign territory, occupied or garrisoned by German troops, commits an act punishable according to the laws of the German Empire, against German troops or others appertaining to the same, or against any authority constituted by an ordinance of the Emperor, is to be punished in the same manner as if such act had been committed by him within the federal juris- diction. 51 FOURTH TITLE. SUPPLEMENTARY PROVISIONS FOR THE NAVY. §162. Of the terms relating to the circumstances of the Army, which are made use of in this Code, certain ones are to be regarded as synonymous with corresponding terms employed in the navy, as follows : Army as synonymous with navy or fleet; Troops as synonymous with ship ; Commander of a military guard as synonymous with officer of the watch ; Military cockade as synonymous with the corresponding mark of distinction in the navy ; Arrest in quarters as synonymous with arrest in cabin ; Lodgings as synonymous with cabin. § 163. Under the term Ship, in the sense of this Code, is to be understood any vessel of the navy upon which a military commander is embarked with a force intended for service on board. §164. In the navy, the war-status of a ship corresponds to the status of mobilization in the army. A ship of the navy is to be regarded as actually in a war-status, which sails with- out a consort outside of home-waters. Military persons of the navy who are on land are subject to be mobilized under the same conditions as military per- sons of the army. §165. A ship is to be considered as being in the presence of the enemy so long as, in the expectation of a meeting with the enemy, one or more guns of the ship are loaded with shot. §166. Besides the military persons, the civil employees of a ship are to be subject to the military penal laws. 52 Other persons also who are embarked on board are to be subject to the laws applicable to a state of war, so long as the ship remains in a war-status. Authentic, under our royal sign manual and imperial great seal. Given at the Castle of Babelsberg, the 20th of June, 1872. WILLIAM. [L. S.] Prince von Bismarck. APPENDIX. LIST OF THE MILITARY PERSONS BELONGING TO THE GERMAN ARMY AND TO THE IMPERIAL NAVY. The military persons belonging to the German army and to the Imperial navy consist of Persons of the Military State and of Military Officials. A. The Persons of the Military State are: I. The Officers. The officers are divided into four principal classes, as fol- lows : In the army. 1. Generals. 2. Field officers. 3. Captains of foot and of horse. 4. Subalterns. (First and second lieutenants.) In the navy. 1. Flag officers or admirals. 2. Captains. 3. Lieutenant-captains. 4. Subalterns. (Sea lieutenants and sub-lieutenants.) II. The Non-commissioned Officers are divided, in the army and in the navy, into: 1. Such as wear the officer's sword-knot. Unterofftgiere.) 2. Such as clo not wear it. (Unteroffigtere otjne III. The Privates, including lance corporals and upper- lance corporals. IV. The members of the Sanitary corps; and V. The members of the Engineer corps;-both belonging, according to the measure of their rank, to the several classes mentioned under numbers I, II, and III. 54 B. The Military Officials. These comprise all officials permanently or temporarily employed in the army or the navy, as the needs of either require, who have military rank, but do not belong to the military state, being under the minister of war or head of the admiralty as chief of administration.* Whether or not they have taken an oath of office is immaterial. Military officials who have the rank of officers are su- perior officials, (ohere All others are inferior officials, (untere W?tlitarbeamte.) *In this class of military officials are included surgeons, paymasters, chap- lains, law officers, intendants, and many minor functionaries. See the full list in the work, already cited, of Witzleben, Part I, pp. 9-11.