Part Two Special Provisions
Chapter Ⅲ: OFFENCES AGAINST THE MILLITARY DUTY OF OFFICER
Article 42
A commander who leaves the subordinate, leaves the assigned defensive place or move the post without authorization shall be punished with imprisonment for not less than one year and not more than seven years.
If the above-mentioned offence committed in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years.
If the offence caused the injury to the military shall be punished with death or imprisonment for life.
Article 43
A commander who deserts the injured subordinate without reasons shall be punished with imprisonment for not less without reasons than one year and not more than seven years.
If the death of a soldier results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if the soldier is seriously harmed , the commander shall be punished with imprisonment for not less than three years and not more than ten years.
Article 44
A commander who abuses the subordinate shall be punished with imprisonment for not less than three years and not more than ten years. If the death of the soldier results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the commander r shall be punished with imprisonment for not less than five years and not more than twelve years.
A senior officer or senior soldier who finds an excuse or takes the advantage top abusing the soldier shall be punished with imprisonment for not more than five years and not more than ten years. If the death results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the commander shall be punished with imprisonment for not less than three years and not more than ten years.
A commander who knows a soldier’s offence committed still connives and harbors the offence without report shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
The term “abuse” mentioned above indicates the range of education, training, mission, operation or other necessary military actions which are considered as inhuman treatment to soldiers.
Terms relevant to educations, training, mission, operation or other necessary military actions are authorized and defined by the military formulations regulated by MND.
Article 45
A commander who punishes the subordinate’s act which the commander knows is not punishable shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A commander who punishes the subordinate without the regulations category and limitation as the Code shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
Article 46
A commander who by violence, threat, or fraud obstructs the subordinate to present a petition, complaint, litigate, state and plead shall be punished with imprisonment for not more than three year, detention, or a fine of not more than 300,000 yuan.
A person who takes the duty of examining or informing and the offence of the preceding paragraph is also punishable.