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====== JFSE Code of Military Conduct ======

===== §1 General Provisions =====

==== §1.1 Terms and Rules ====
  - All indviduals in service, whether officer, enlisted or otherwise, regardless of rank are subject to this chapter,
  - All officers dismissed from service can be tried by court martial for crimes committed in service,
  - The Code applies to all active service members, independent of national jurisdiction, while in the performance of their duties or otherwise
    - In the event an offense is committed in foreign territory, the service member will be tried by both host nation law, and by the Code,

==== §1.2 Judges Advocate Commanders and the Judge Advocate High Officer ====
  - A judge advocate commander must be present for all general tribunals, and must serve on a panel of no less than three (3) line officers, including themself,
  - The Office of the Judge Advocate High Officer reserves the right to dismiss cases on the basis of judicial misconduct, and investigate JACs for their actions within any given case,
    - If found guilty, they may be prosecuted under the Code.

===== §2 Apprehension and Restraint =====
==== §2.1 Scope of Authority ====
  - Security and Command service members have the right to:
    * Restrain an individual by due force, in accordance with and relevant to an offense committed by the Code or against National Law, and confine them to the necessary location to ensure crew safety,
  - Non Commissioned Officers, Warrant Officers, and Commissioned Officers have the right to:
    * Order a court martial, in accordance with and relevant to an offense committed by the Code or against National Law, and have the case heard by a military tribunal,

==== §2.2 Grounds for Apprehension ====
  - An individual may be apprehended utilising the following procedures:
    - Verbal Warning: An apprehension is made by clearly notifying the person to be apprehended that person is in custody. This notice should be given orally or in writing, but it may be implied by the circumstances,
    - Warrants: In the event of an act that requires the entrance of a service member's private dwelling, written warrants may be used to apprehend the individual and gain access to their domain,
    - Any person authorized under these rules to make an apprehension may use such force and means as reasonably necessary under the circumstances to effect the apprehension,

===== §3 Court Martial Procedures =====
==== §3.1 Rights of the Accused ====
  - The rights of the accused during court martial are defined below:
    - The right to an impartial hearing free from undue command influence,
    - The right to be free from a finding of guilt without the absence of reasonable doubt,
      - Save for summary judgements,
    - The right to competent legal counsel, as provided by the JFSE Office of the Judge Advocate High Officer,
      - Legal counsel may be provided on behalf of the individual at their request, but will not be provided unless asked for,
      - Legal counsel is bound by privacy, and may not disclose matters of the case to anyone other than the service member on trial,
      - Legal counsel may be waived in the finding of incompetence by the service member, however the appointment of a new counsel is at the discretion of the JFSE Office of the Judge Advocate High Officer,
    - The right to call witnesses in their defense,
==== §3.2 Pre-Trial Procedure ====
  - Charges Laid
    * Charges must be laid by the parties mentioned in section §2.1 (Subsection 2 and Subsidiaries),
  - Investigation/Evidence Gathering
    * Investigation must be performed by the parties mentioned in section §2.1 (Subsection 1 and Subsidiaries),

==== §3.3 Trial Procedure ====
  - Challenges
    - Counsel from both sides may challenge the validity of the case. If this is done, a JAC will be consulted to determine the validity. Their decision may be appealed as per
  - Oaths
    * All Counsel, Witnesses, Tribunal Officers, and the Service Member must swear an oath to tell the truth,
  - Pleas
    * The Service Member may plead as any of the following:
      - No Contest,
      - Not Guilty,
      - Not Guilty by Reason of Duress,
      - Not Guilty by Reason of Diagnosed Mental Illness,
      - Guilty (Skips Trial Phase)
  - Discovery
    * All evidence from both sides must be submitted in full to the Tribunal,
  - Contempt
    * The Tribunal Officers may render an individual in Contempt for disruption of the trial in an eggregious manner, this is at the discretion of the Tribunal officer and may warrant addtional punishment and or NJP as per section §5.1.

==== §3.4 Post-Trial Procedure ====
  - Execution of Sentece
    * The Sentence, as mentioned in section §4 (All Subsections), must be executed within ten (10) days of the sentence being issued,
  - Review
    * The Service Member may have their case reviewed by another JAC to reccomend further action,
  - Appeal
    * The Service Member may apply for appeal, in which case the Execution of Sentence will be delayed until a hearing can be called to review the case for appeal, and for the duration of the Appellate tribunal,

==== §3.5 Trial Types ====
  - Summary Tribunal
    - Held by the Commanding Officer under special circumstances as defined by [[faction:rathenka:jfse:alerts]].
  - Special Tribunal
    - Held by no less than three (3) line officers, in the field, for offenses requiring immediate punishment in the field.
  - General Tribunal
    - Held by The Office of the Judge Advocate Officer for Capitol-Level Offenses, save for marooning.
===== §4 Judicial Punishments =====
==== §4.1 Capitol Punishment ====
In the event of a judicial punishment punishment being issued, the tribunal may choose from the following punishments:
  - Death of Personality
  - Execution by:
    - Firing Squad
    - Spacing
    - Lethal Injection
  - Marooning/Exile
    - Non-Hostile Exoplanet
In the event of execution, the service member may choose their mode of death from the above optionsm. Marooning may be chosen as an alternative to Execution.

==== §4.2 Imprisonment ====
In the event of a judicial punishment warranting imprisonment being issued, the tribunal may choose from the following punishments:
  - Life Imprisonment
    - No Release
      - Without Parole
  - Long-Term Imprisonment
    - With Release, 50% of Species' Lifespan
      - With Parole, 50% of Sentence Served
      - Without Parole
    - With Release, 10% of Species' Lifespan
      - With Parole, 50% of Sentence Served
      - Without Parole
    - With Release, 5% of Species' Lifespan
      - With Parole, 50% of Sentence Served
      - Without Parole,
  - Temporary Imprisonment
    - With Release, 5 Years
      - Without Parole
    - With Release, 10 Months
      - Without Parole

==== §4.3 No Imprisonment ====
In the event of a judicial punishment not warranting capitol punishment or imprisonment, the tribunal may choose from the following punishments:

  - Officers
    - Dishonourable Discharge from Service
    - Removal of Commission and Demotion to Enlisted Rank,
    - Admonition and Reprimand (Written, Formal)
    - Restriction of Access (No More Than 6 Months)
    - Confinement to Quarters or Brig (No more than 1 Month)
    - Loss of Pay (No More Than 5 Years)
  - Enlisted
    - Dishonourable Discharge from Service
    - Demotion to Lowest Enlisted Rank
    - Admonition and Reprimand (Written, Formal)
    - Restriction of Access (No More Than 6 Months)
    - Confinement to Quarters or Brig (No more than 1 Month)
    - Loss of Pay (No More Than 3 Years)
===== §5 Non-Judicial Punishments =====
==== §5.1 No Imprisonment ====
The punishments referenced in this section may be handed down by any Line officer without tribunal, so long as they are documented accordingly:

  - Non-Judicial Punishments (Officers and Enlisted)
    - Confinement to Quarters (No More Than 1 Week)
    - Extra Duties (No More Than 2 Weeks)
    - Restriction of Access (No More Than 3 Months)
    - Loss of Pay (No More Than 2 Months)
    - Temporary Revokation of Duty or Position (Pending Review)
    - Reduction in Rank by 1 Grade (Enlisted Only)
    - Admonition and Reprimand (Verbal, Informal)

===== §6 Articles of Conduct =====
==== §6.1 Duties and Negligence ====
  - Abandonment of Duty
    * To abandon a post or Duty without permission, without the intention of returning.
  - Mishandling of Equipment or Negligence of Duty
    * To, through negligence or intent, misuse dangerous equipment in a manner that could harm others, sell or lose JFSE property or fail to properly secure dangerous equipment.
  - Absence Without Leave
    * To be absent from, or leave a place of duty without authorization.
==== §6.2 Orders, Regulations, and Authority ====
  - Assaulting or Obstructing an Officer
    * To directly obstruct an Officer's duties, or to attack them while they are carrying out their duties.
  - Failure to Obey or Pay Respect to a  Regulation or Procedure
    * To fail to follow or pay respect to an official regulation or prodedure, or to knowingly follow an unlawful order or command.
  - Insubordination
    * To knowingly disobey a lawful order given by a superior.
  -  Mutiny and/or Sedition of Command
    * To openly oppose, seek to radically change, or overthrow a lawful authority. To promote insurrection against the lawful order through speech, organization, or overt actions.

==== §6.3 Capitol Offences ====
These Offences require a General Tribunal with a JAC present, and cannot be tried in the field. In the event that a JAC is unavailable, or exigent circumstances exist, authorisation may be requested for a Special Tribunal. They may be punished by means of Capitol Punishment or Life Imprisonment.

  - Murder
    * To kill a sapient being with malicious intent and premeditation.
  - Manslaughter
    * To kill a sapient being without intent, or in a manner less extreme than murder. Includes provoked manslaughter, manslaughter in self-defense, negligent manslaughter, and impassioned killing.
  - Destruction of a Vessel or Habitat/Terrorism
    * To inflict physical injury with the intent to disfigure, degrade appearance, or impair function.
  - Damage or Destruction of Property
    * To engage in maliciously destructive actions which threaten to destroy, or successfully destroy a vessel or habitat.
  - Kidnapping/Hostage Taking/Illegal Confinement
    * To maliciously damage or deface public or private property or equipment, including legal evidence or recorded information.
  - Sexual Assault
    * An act in which one intentionally makes sexual contact with another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will.
  - Psionic Assault
    * An act in which one intentionally makes psionic contact with another person without that person's consent, or coerces or physically forces a person to engage in a psionic act against their will.
  - Rioting
    * To engage in a violent public disturbance which involves damage to people or property.
  - Espionage
    * The gathering or communication of confidential or secret information of the state to a foreign or unauthorized domestic recipient, or to intentionally misrepresent oneself as being an official of the United Rathenka Federation or Joint Forces for Space Exploration.
  - Resistance/Breach of Arrest/Escape
    * To intentionally and violently resist Masters at Arms, representatives of the URF legal system, or other authorized personnel in the execution of an arrest; to violently flee arrest; to escape arrest, custody, or confinement.

==== §6.4 General Offences ====
These offences can be prosecuted via General or Special Tribunal, or in exigent circumstances, Summary Tribunal. They do not require authorisation for such, however, cannot be punished by means of capitol punishment or life imprisonment. At the discretion of the CO, a Non-Judicial Punishment may be issued.
  - Assault
    * To threaten to use physical force against someone without the intent to kill or maim, while also having the capability and/or intent to carry out that threat.
  - Battery
    * To use physical force against a person, including any unlawful and or unwanted touching of the person by an aggressor or by a substance utilized by them, either directly or indirectly.
  - Theft
    * Unordered List Item To take the property of another individual, organization, or common property, without consent, and with the intent to deprive the rightful owner.
  - Endangerment
    * To recklessly put yourself or others in danger, either through direct action, or failure to act.	
  - Vandalism
    * To intentionally deface or superficially damage public or private property.
  - Trespassing
    * To enter an area which an individual does not have access to, whether by simple action, force, or coercion.
  - Animal Cruelty
    *  To inflict unnecessary suffering or harm on a non-sapient being with malicious intent.
  - Controlled Substances/Equipment
    * To wrongfully use, possess, manufacture, or distribute any controlled substances or items.
  - Sexual Harassment
    * To make unwanted sexual advances or obscene remarks to another individual.
  - Hooliganism
    * To intentionally engage in disruptive behavior such as indecent exposure, belligerent drunkenness, disorderly shouting, or aggressive assembly.
  - Cruelty and Maltreatment
    * To maltreat, be cruel to, or oppress an individual as that individual’s superior, or someone with authority over that individual.
  - Evasion of Arrest/Failure to comply with a warrant
    * To non-violently resist, escape, or avoid arrest or the execution of a search warrant by a Master at Arms or otherwise authorized member of the URF legal system.

==== §6.5 Behavior and Sovereign Law ====
  - General Article((Enlisted)) or Conduct Unbecoming((Officers))
    * General Article((Enlisted)) or Conduct Unbecoming((Officers)). To commit conduct prejudicial to good order and discipline or to commit conduct unbecoming of an officer.
  - Violation of Sovereign Territorial Law
    * To knowingly violate the sovereign law of any territory in which the Service Member is currently present.