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7. Offences against the code of combat
 
  Article 41-Offences against orders  
41.1 Offences against orders in combat  
  An offence against a lawful order in combat is when a person in combat is given a direct lawful order by a superior officer to which they did not obey in susbstantial part, or whole;  
 
 Primary Fact(s)
 1. That at a time and place a member of the armed forces in combat was given a direct order by a superior officer;
 2. That the actions of the accused contributed to the non observance in substantial part, or whole of the direct lawful order;
 3. That the actions of the accused were done with the knowledge and intent to substantially disobey or wholly disobey the direct order;
 
 
 Penalty Conditions (Level 2-Offence)
Type
Condition(s)
1-3
a) If order related to an activity of clerical/functional/support, not involving weapons;
4-6
a) If order related to a personal physical activity, not involving weapons;
 
 
 Penalty Conditions (Level 3-Offence)
Type
Condition(s)
1-3
a) If order related to activity associated with military equipment not involving live ammunition;
4-6
a) If order related to a system requiring safety standards involving dangerous materials;
 
 
 Penalty Conditions (Level 4-Offence)
Type
Condition(s)
1-3
a) If order related to an activity involving the use of live weapons;
4-6
a) If order related to the receiving/analysis of classified information;
b) If order related to the transmission of classified information;
 
 
 Penalty Conditions (Level 5-Offence)
Type
Condition(s)
1-3
a) If order related to the staying at post and the use of live weapons;
4-6
a) If order related to advance/attack on enemy and the use of live weapons;
b) If order related to support/defence of other personnel against the enemy and the use of live weapons;
 
     
     
 
 

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