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Star Army Articles of Military Justice

The Articles of Military Justice provide the body of statutory law by which the Star Army of Yamatai polices itself. The Articles describe the basic composition of the military justice system, the rights and responsibilities of individuals within the system, and the crimes and punishments soldiers of the Star Army are subject to. These are generally enforced by the Star Army Military Police.

As a function of the Commander of the Star Army’s constitutionally delegated powers, the Articles and the attendant justice system perforce derive their authority administratively. Thus any or all of the Articles may be suspended or altered at will by the Commander or at the direction of the Empress. However, since consistency and predictability are essential to maintaining discipline across the entirety of the Star Army changes are made only under the most dire of circumstances.

The Articles

Chapter I - General Provisions

Article 1 - Authority

The Articles of Military Justice are enacted under the authority of the Commander of the Star Army of Yamatai, by the direction of the Empress of Yamatai. These laws do not only apply to employees of the Star Army, including enlisted, warranted or commissioned personnel - they also apply to citizens of the Yamatai Star Empire if inside areas considered property of the Star Army of Yamatai or zones controlled by the Star Army of Yamatai.

Article 2 - Rights of the Accused

The Accused in any tribunal composed under these articles has ;

  • 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;
  • The right to competent legal counsel;
  • The right to face their accuser;
  • The right to call witnesses in their defense;
  • The right to be free from compulsory self-incrimination.
  • The right not to be compelled to have their mind or memories checked.

Article 3 - Counselors

The Accused must be afforded access to a competent counselor before, during, and after any trial composed under these articles. A competent counselor is defined as an attorney well versed in military law and legal procedure who acts in their client’s best interest. Counsel shall be appointed to the Accused from the ranks of military advocates in the Star Army. The Accused, at their own expense, may secure representation by civilian attorneys, certified by the tribunal to be competent as defined above. The Accused may serve as their own counsel, so long as they follow the trial procedures laid out in these articles.

In such conditions as prevent the presence of attorneys, Temporary Counselors may be appointed. These individuals must attempt to the best of their ability to follow military law and legal procedure and to act in their client’s best interest. Temporary Counselors may only participate in Summary Tribunals. The Temporary Counselor may be chosen by the Accused if the Summary Tribunal occurs in times of war, if those suggested by the Commanding Officer are not accepted.

All counselors are bound to not violate the privilege of their clients. Any violation of said privilege shall result in a mistrial, expulsion from their profession if attorneys, and disciplinary action if serving members of the Star Army.

Article 4 - Application of the Articles

These articles apply to all personnel serving under the Star Army. Reserve personnel are subject to these articles when under active orders or if their actions impact the Star Army. These articles apply to all locations at all times.

In addition, these laws apply to citizens of the Yamatai Star Empire inside territory under direct control of the Star Army of Yamatai as well as ships, stations and other facilities.

Chapter II - Apprehension and Restraint

Article 5 - Reasonable Suspicion

If law enforcement personnel can articulate specific facts and inferences showing the reasonable suspicion of the commission of a crime, they may detain any individual suspected thereof for the purpose of conducting an investigation. This detention is of a temporary and limited nature, lasting only so long as to allow the investigation of the immediate facts and to maintain the safety of all parties.

Article 6 - Probable Cause

Before taking more serious action, law enforcement personnel must be able to provide sufficient information to convince a prudent person that there is a substantial chance of the truth of the matter. This information may not necessarily be admissible in court; it need only be reliable and legally obtained.

Article 7 - Arrest

If an investigation of the facts should give probable cause to suspect commission of a crime or if a judge has issued an arrest warrant based upon a presentation of probable cause, law enforcement personnel may affect an arrest upon an individual. An arrest is of a greater duration and scope than investigatory detention but is still limited. The arrested individual must be charged in a timely manner and placed in pretrial confinement or otherwise must be allowed to go free.

Article 8 - Search Warrants

A judge may issue a search warrant upon presentation of probable cause. Such warrants authorize law enforcement officials to enter private areas and to search for and seize such items as the warrant indicates may be required for evidence in a trial. Searches and seizures conducted without a warrant or outside the restrictions of a warrant render any evidence acquired inadmissible during trial.

Article 9 - Personnel

For the purposes of these articles, law enforcement personnel are considered to be those individuals who hold the responsibility of maintaining the good order and discipline of the Star Army and who hold the authority to take enforcement action. Such authority is the natural prerogative of command, and as such is held by all Commanding Officers. It may also be delegated either by the express deputation of subordinate personnel by a Commanding Officer or more generally by the assignment of an occupational specialty or duty, such as Investigator, that confers the authority. Star Army Command may set policy as necessary to determine further personnel as may be additionally granted this authority.

Chapter III - Non-Judicial Punishment

Article 10 - Commanding Officer’s Authority

A Commanding Officer may offer personnel under their command the option of facing non-judicial punishment in place of formal tribunal action for minor offenses. An offense is considered minor based on several factors: the nature and circumstances of an offense; the age, rank, experience, and duty position of the offender; and the maximum punishment possible under general tribunal. Similarly it is the right of any personnel to request trial by tribunal in the place of non-judicial punishment. After a comprehensive and unbiased hearing at which the Accused is allowed to speak in their own defense, the Commanding Officer may at their discretion choose to administratively assign one or more punishments, as befits the infraction. Commanding Officers may choose, after final disposition of the hearing and the issuance of punishment, to lessen the punishment assigned. In no circumstances may the punishment be increased by the Commanding Officer in this case. NJP must still be registered with the Star Army Military Police.

Article 11 - Punishments

As nonjudicial punishments are levied without the benefit of a full trial before a tribunal, they are restricted and perforce may not exceed;

  • Confinement to quarters for no more than two weeks;
  • Extra duties for no more than two weeks;
  • Restriction within prescribed limits for no more than three months;
  • Loss of pay for no more than two months;
  • Dismissal from duty or position;
  • Reduction in rank to no more than two grades below the current held rank, for enlisted personnel only;
  • Admonition and reprimand, to be noted in the permanent personnel file.

Chapter IV - Tribunal Jurisdiction

General, Special and Summary Tribunals must all register their findings with the Star Army Military Police. Special and Summary Tribunals can be assembled organically rather than by the Star Army Military Police, but must still register their findings with the Star Army Military Police. These are subject to Appellate Tribunals and those conducting them may be investigated by a Board of Inquiry if they are used maliciously.

Article 12 - General Tribunal

A General Tribunal shall have the jurisdiction and authority to hear all infractions and criminal acts, and to impose such sentences as seen fit under the guidelines laid down in these articles. As such, a General Tribunal shall consist of a military judge, a trial advocate for the prosecution, a defense counsel for the Accused, and a panel of jurors. This panel must consist of at least five officers. Enlisted personnel may choose for their panel to consist of at least one-third enlisted. The Accused may waive their right to a jury, in which case the military judge shall adjudicate both verdict and sentence. Before a General Tribunal may proceed, a full Article 16 investigation must be completed and presented before the judge, unless waived by the Accused. Additionally, Officers may only be dismissed by the sentence of a General Tribunal. Enlisted personnel may be issued a Dishonorable Discharge.

Article 13 - Special Tribunal

A Special Tribunal shall have jurisdiction and authority to hear only such cases as may be punished under Articles 26 and 27. Reflecting its limited authority, a Special Tribunal’s composition is identical to a General Tribunal except that its panel of jurors needs only three officers. Again, the Accused may request a one-third Enlisted panel if Enlisted and may waive the right to a jury entirely. An Article 16 investigation is not required. Enlisted personnel may be issued a Bad Conduct Discharge.

Article 14 - Summary Tribunal

Before it may proceed, the Accused must voluntarily submit to a Summary Tribunal. Submitting to Summary Tribunal serves as a waiver to the right to counsel, as the sole member of the tribunal is the presiding officer. In this instance, the presiding officer need not be a military judge but rather may be a Commanding Officer with convening authority. Only cases as may be punished under Article 27 can be heard.

In a time of war, as certified by an official declaration by the Commander of the Star Army, there are several exceptions. First, the Accused need not submit to be placed under a Summary Tribunal. Second, full jurisdiction and authority equal to that of a General Tribunal is conferred, and as such case as may be punished beyond Article 27 may be heard. Third, if cases as may be punished under Articles 23 or 24 are heard, the Accused does have the right to counsel. However, should the provision of regular attorneys as counsel be impossible, the presiding officer may choose such officers as they deem fit to serve as Temporary Counsel, as per Article 3. The Commanding Officer should be advised if they decide to hear the accused in such cases by Summary Tribunal and the punishment is considered after the fact to be unbefitting the crime by a superior officer, disciplinary action may be taken.

Chapter V - Pre-Trial Procedure

Article 15 - Charges

After an arrest is made, military prosecutors in consultation with the investigators must forward charges to the appropriate convening authority. Personnel with convening authority include Commanding Officers, Flag Officers, and such other personnel as granted the authority by Star Army Command. Upon review of the charges and the determination that there is probable cause for the charges to be forwarded, the convening authority is responsible for convening the tribunal and having a judge assigned, as appropriate to the situation. The convening authority will also, at a hearing, determine whether the Accused must remain in pretrial confinement, be granted bail, or be released on recognizance.

Article 16 - Investigation

After the forwarding of charges but before the trial may proceed a thorough and impartial investigation must be made, beyond the initial investigation leading to arrest and charging. The investigation must examine all facts, circumstances, and contexts surrounding the case as is practical.

Article 17 - Reference for Trial

Upon completion of the Article 16 investigation, a hearing must be held before the judge. Prosecutors must present not just probable cause but substantial evidence of the crime. The prosecutors may call witnesses to be examined by the judge. Should substantial evidence be found, the judge shall refer the case for trial and order a jury empanelled. Otherwise, the charges shall be dismissed.

Chapter VI - Trial Procedure

Article 18 - Challenges

Both trial advocates and defense counsels are allowed to challenge the proceedings of the case. These challenges are only to be made on procedural grounds, with a specific objection to the conduct of a witness, opposing counsel, other individuals present in the court, or the judge. The outcome of the challenge shall be decided by the judge on the basis of precedent.

Article 19 - Oaths

All witnesses testifying before the court must be sworn in before the judge. Once so sworn, the witness must only speak the truth or they will be subject to charges of perjury under Article 61.

Article 20 - Pleas

Before the trial may begin, the Accused must make a plea before the judge. Acceptable please are Guilty, Not Guilty, and No Contest. A plea of No Contest may only be made with the permission of the judge. In the event that the Accused is unwilling or unable to make a plea, a plea of Not Guilty shall be automatically entered with the Tribunal.

Article 21 - Discovery

The Accused must be informed by the prosecution of all exculpatory information as soon as is practicable. Likewise, all information going to the impeachment of a witness must be provided by the prosecution in a reasonable timeframe, should the prosecution choose to call the witness in court.

Article 22 - Contempt

The judge may hold those individuals in contempt who disrupt the trial proceedings or violate the orders of the tribunal. Such disruptions and violations include outbursts in the witness stand or audience, failure to obey a summons or subpoena, and failure to respond to questioning in the witness stand, where the witness is not exercising their Article 2 right against compulsory self-incrimination. The judge may, at their discretion, choose to eject the individual from the tribunal chamber, levy fines, or be taken into confinement for any length or to any degree that is deemed necessary to produce the coercive effect necessary to ensure compliance with the procedures and orders of the Tribunal.

Chapter VII - Sentences

Article 23 - Capital Punishment

Only the most heinous and severe criminal acts that warrant capital punishment. The punishment shall include execution, in a manner determined by the Commander of the Star Army, and permanent deletion of all mental backup data. The imposition of the death penalty requires an additional trial phase after a finding of guilt. The jury is not dismissed but rather must hear additional testimony from both prosecution and defense. The jury then must vote a second time to impose capital punishment. The case is then automatically submitted for appeal under Article 30. Only upon the resolution of all appeals will the sentence of death be executed.

In a time of war, as certified by an official declaration by the Commander of the Star Army, certain exceptions are made. Cases heard by a Commanding Officer’s Summary Tribunal may impose capital punishment without a jury vote. In the field - i.e. not at their designated post - these punishments can be enacted without appeal.

Article 24 - Life Imprisonment

A sentence of life imprisonment is levied in two degrees. First, it may be indeterminate. In such instances, parole is possible after a period determined by the tribunal. Second, it may be determinate. Parole is not possible if the sentence is determinate.

Article 25 - Substantial Imprisonment

Substantial imprisonment entails individual sentences between five and twenty-five years. Prisoners are eligible for parole after serving at least half of their sentence. Multiple sentences may be levied consecutively or concurrently.

Article 26 - Limited Imprisonment

Limited imprisonment entails sentences of no more than five years. Prisoners are eligible for parole after serving at least half of their sentence. Multiple sentences may be levied consecutively or concurrently.

Article 27 - No Imprisonment

All punishments that fall short of formal imprisonment are included under this Article. They include;

  • Confinement to quarters for no more than one month;
  • Extra duties for no more than one month;
  • Restriction within prescribed limits for no more than six months;
  • Loss of pay for no more than one year;
  • Dismissal from duty or position;
  • Reduction in rank to the lowest grade or any intermediate rank, for enlisted personnel only;
  • Removal of commission and reduction to enlisted grade, for officers only;
  • Admonition and reprimand, to be noted in the permanent personnel file.
  • Discharge Under Other than Honorable Circumstances, for enlisted personnel only (Bad Conduct Discharges may only be issued by Special or General Tribunals, Dishonorable Discharges may only be issued by General Tribunals);
  • Dismissal from the service, for officers only (may only be issued by General Tribunals).

Chapter VIII - Post-Trial Procedure and Review

Article 28 - Execution of Sentence

Upon the dismissal of the tribunal, the sentence is usually executed immediately. Temporary incarceration before arrival at the place of permanent imprisonment counts toward the sentence. The execution of the sentence is only delayed if a stay is issued by an appellate tribunal. This is done automatically if the sentence is death.

Article 29 - Review

The guilty party may have their case reviewed upon the issue of verdict by a military advocate to recommend further action. A guilty party who claims incompetent representation by counsel shall be provided additional review by an independent advocate of the original counsel’s conduct before the Tribunal.

Article 30 - Appeal

a) After the conclusion of the trial, either the prosecution or defense may appeal the case to an Appellate Tribunal as described in Article 65. This appeal may only cover questions of law; questions of fact may not be considered. As such, no new evidence regarding the facts of the case may be presented. Additionally, an appeal will only overturn a conviction where an error of law is found that substantially impacts the defendant’s procedural rights. Errors of law that have no impact will not be cause for a conviction to be overturned.

b) [Addendum, YE 39] In the case of a Summary Tribunal during times of war, if the guilty party believes the sentence to be unbefitting the crime - which may be the case when invoking General Tribunal powers - the guilty part can request a review of the case from a senior officer to the Commanding Officer presiding. During this time, the guilty party will be detained indefinitely with any time spent in detention not counting toward their sentence until such a point as the review is concluded. If the review determines the sentence to be justified, it will be carried out immediately. If the review does not, a retrial will be scheduled with an officer superior to the original Commanding Officer or, if possible, a military judge.

Chapter IX - Punitive Articles

Article 31 - Attempt

A conscious, willing attempt to commit an act falling under these punitive articles shall be considered to be the same as the act itself and be punished accordingly.

Article 32 - Conspiracy

Participation in a conspiracy to commit an act falling under these punitive articles or attempt to obscure a committed offense shall be considered to be the same as the act itself and be punished accordingly. Conspirators shall only be held liable for those acts they had knowledge of.

Article 33 - Fraud

Any individual who knowingly and intentionally makes a deception for their own gain, or to cause another individual damage, shall be guilty of fraud and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 34 - Desertion

Any individual who abandons their post or place of duty in the face of the enemy, or without the intention of returning, shall be guilty of desertion and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 35 - Absent Without Leave

Any individual who abandons their post or place of duty without permission, but with the intention of returning, shall be guilty of being absent without leave and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Article 36 - Contempt Toward Officials

Any individual who is disrespectful, or insubordinate toward officials of the Yamatai Star Empire, shall be guilty of contempt toward officials and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Article 37 - Disrespect Toward Superior Commissioned Officer

Any individual who behaves disrespectfully toward a superior commissioned officer, whether in their presence or not, shall be guilty of the act and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Article 38 - Assaulting or Willfully Disobeying Superior Commissioned Officer

Any individual who strikes a superior commissioned officer, or who willfully disobeys the order of a superior commissioned officer, shall be guilty of the act and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Article 39 - Insubordinate Conduct Toward Warrant or Non-Commissioned Officer

Any individual who behaves disrespectfully toward a warrant or noncommissioned officer whether in their presence or not, or who insubordinately disobeys the order of a warrant or noncommissioned officer, shall be guilty of the act and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 40 - Failure to Obey a Standing Order or Regulation

Any individual who fails to obey a standing order or regulation issued by the Star Army, or any subordinate unit whose commands they are subject to, shall be guilty of the act and punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 41 - Mutiny or Sedition

Any individual who in concert with any other individual and with intent to usurp lawful military authority disobeys orders, fails to see to do their duty, or creates any violence shall be guilty of mutiny and any individual in concert with any other individual and with intent to usurp lawful civil authority creates revolt or violence shall be guilty of sedition and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 42 - Resistance

Any individual who resists detention, arrest, or other lawful confinement, shall be guilty of resistance and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Article 43 - Subordinate Compelling Surrender

Any individual acting with intent to compel their commander to surrender, or demoralises fellow soldiers to this end, or conveys a message of surrender to the enemy without proper authority, shall be guilty of the act and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 44 - Hazarding your Command

Any individual (in command of a starship or base), who causes their command 1) to be hazarded 2) without due cause by combat, or extremity or who knowingly leaves their command 3) unmanned (except for a ship in port), shall be guilty of hazarding their command and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Article 45 - Aiding the Enemy

Any individual who knowingly gives aid, comfort, harbor, or other assistance to the enemy, shall be guilty of aiding the enemy and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 46 - Espionage

Any individual who knowingly gives, transmits, or otherwise communicates any form of information to the enemy with the intent of causing injury or disadvantage to the Yamatai Star Empire, shall be guilty of espionage and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 47 - Mistreatment of Prisoners of War

Any individual who by action or inaction abuses or mistreats an enemy prisoner of war, or who prevents their provision as per regulation, shall be guilty of mistreatment and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 48 - Abuse and Cruelty

Any individual who inflicts assault or verbal abuse on any other individual with the intent of hazing, or otherwise causing systematic injury, shall be guilty of abuse and cruelty and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 49 - Misbehavior On Duty

Any individual who behaves in such a manner while on duty as to preclude their execution of the responsibilities entailed, shall be guilty of misbehavior on duty and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Additionally, an individual who abandons equipment that they are responsible for or the sentry of, shall be guilty of misconduct on duty and punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 50 - Malingering

Any individual who intentionally injures themselves or who fakes an injury, or illness to avoid duty, shall be guilty of malingering and be punished under Article 27 or by such lesser punishment as the Tribunal directs.

Article 51 - Conduct Prejudicial to Good Order and Discipline

Any individual who causes, encourages, or participates in any riot, or other breach of peace, shall be guilty of the act and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Article 52 - Murder

Any individual who causes the unlawful death of any other person with the intent to kill, or cause serious bodily harm or by an action which inherently threatens the lives of others, shall be guilty of murder in the second degree and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Further, any individual who causes the death of any other person by premeditated design to kill, or with intentional deletion of mental backup data, shall be guilty of murder in the first degree and be punished under Article 23 or Article 24.

Article 53 - Manslaughter

Any individual who causes the unlawful death of any other person without the intent to kill, or causes serious bodily harm or by an act of neglect without direct knowledge of its danger to others, shall be guilty of manslaughter and punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 54 - Sexual Assault

Any individual who without consent commits an act of sexual intercourse, or other assault of a sexual nature against another person, shall be guilty of sexual assault and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 55 - Assault

Any individual who by word or behavior installs in any other person the fear, or threat of unlawful force, shall be guilty of assault and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Further, any individual guilty of an act of assault in which they threaten the use of a weapon or the commission of grievous bodily harm shall be guilty of aggravated assault and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 56 - Battery

Any individual who uses unlawful force against another person shall be guilty of battery and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Further, any individual guilty of an act of battery in which they used a weapon or committed grievous bodily harm against another shall be guilty of aggravated assault and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 57 - Larceny

Any individual who deprives any other person of their property with the intent of permanently depriving them, or of personally gaining from it, shall be guilty of larceny and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 58 - Robbery

Any individual who takes with the intent to steal any thing from another person, or in that person’s presence by force or by threat or fear of force, shall be guilty of robbery and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 59 - Destruction of Property

Any individual who intentionally or recklessly destroys, or by willful negligence allows the destruction of any other person’s property, shall be guilty of destruction of property and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Further, any individual who intentionally or recklessly destroys, or by willful negligence allows the destruction of property of the Star Army of Yamatai, or the Yamatai Star Empire, shall be guilty of destruction of official property and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Article 60 - Unlawful Possession or Use of Substances

Any individual who possesses or uses:

  • in excess, any substance proscribed by regulations of the Star Army of Yamatai or laws of the Yamatai Star Empire
  • illegal substances
  • alcohol or other intoxicating substances

shall be guilty of the act and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Further, any individual who uses any substance proscribed by regulations of the Star Army of Yamatai or laws of the Yamatai Star Empire, or is under the influence of said substance while on duty, shall be guilty of unlawful use on duty and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Article 61 - Perjury

Any individual who gives false testimony before a duly constituted Tribunal or Board of Inquiry, once sworn in as per Article 19, shall be guilty of perjury and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Article 62 - Conduct Unbecoming an Officer

Any individual who holds a commission as an officer in the Star Army of Yamatai, and who by their conduct brings discredit upon the Star Army of Yamatai and the office they are commissioned to hold, shall be guilty of conduct unbecoming an officer and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Article 63 - General Article

Acts and conduct though not particularly enumerated under these Articles prejudicial to the good order and discipline of the Star Army of Yamatai, conduct that brings discredit upon the Star Army of Yamatai, and crimes and offenses under the Laws of the Yamatai Star Empire or any subordinate jurisdiction not herein preempted of which any individual is guilty may be punished as the Tribunal directs.

Chapter X - Miscellaneous Provisions

Article 64 - Board of Inquiry

Lawful convening authority may, without the presence of charges, empanel a Board of Inquiry to investigate any serious matter pertaining to the good order and discipline of the Star Army of Yamatai. A Board of Inquiry shall consist of at least three officers. Individuals that the Board names as subject of the inquiry shall be designated as a party. Parties maintain their Article 2 rights and as such must be provided with counsel. The Board may also call witnesses to testify upon their swearing in as per Article 19. Upon an impartial and comprehensive consideration of the record, the Board may release a Finding of Fact. The Board may not express opinions or make recommendations beyond the simple statement of the Finding of Fact unless so ordered by the convening authority in which case the Board may recommend the forwarding of charges and empanelling of a Tribunal if criminal action has been found in the Finding of Fact. The Finding of Fact may be admitted before a Tribunal in lieu of an Article 16 investigation and along with the testimonial record of the Board be admitted into the record of the trial phase of the Tribunal.

Chapter XI - Appellate Tribunals

Article 65 - Military Appellate Tribunals

When a verdict is appealed as per Article 29, the case may be heard by an Appellate Tribunal. These Tribunals are generally constituted within a region of space and of a number of military judges to handle appeals within their jurisdiction. In order to rule on a case, the appeal must be heard by a panel of at least three military judges. The hearing of an appeal is not guaranteed; at least two judges must certify that the appeal has sufficient grounds to proceed before it is heard before a panel. The Appellate Tribunal shall only consider questions of law.

Article 66 - Appeal Outside of Military Authority

Upon the exhaustion of appeals within the military judicial system, parties to a Tribunal have the right to appeal to the Executive and Legislative judiciaries. Those appeals may only consider questions of military law, not the civil law as is usually considered by those judiciaries. Finally, parties to a Tribunal may appeal to the wisdom and mercy of the Emperor of Yamatai or Empress of Yamatai Themselves.

Chapter XII - Addendum I

Article 77 - Statute of Limitation

The addendum listed here are to be enacted upon YE 39 by the power of the Commander of the Star Army and their representatives.

Article 78 - Torture

Any individual who causes unlawful detention and/or harm (physical or psychological) with intent to gain military intelligence or satisfaction, shall be guilty of torture and punished under Article 23 as the Tribunal directs. The Provost Marshal's Office recognises that some bodies may find this inhibits their work and as such the Empress reminds these bodies that this is a imperial directive and must be followed as such.

Article 79 - Obstructing Operations

Any individual who

  • commits an act that is likely to put at risk the success of an action or operation of any of the Star Army's forces, or intends to prevent, or is reckless as to whether they prevent, the success of the action or operation, will be guilty of obstructing operations
  • without lawful excuse, commits an act that delays or discourages an action or operation of any of the Star Amy's forces, or intends to delay or discourage the action or operation, will be guilty of obstructing operations

An individual who commits this crime will be punished under Article 23 as the Tribunal directs.

Article 80 - Looting

Any individual subject, whether a person subject to service law or a civilian subject to service discipling, commits looting if, without lawful excuse—

  • The individual takes any property from a person who has been killed, injured, captured or detained in the course of an action or operation of any of the Star Army's forces, or of any force co-operating with them; or the individual searches such a person with the intention of taking property from them. In this case the individual is punished under Article 24 as the Tribunal directs.
  • The individual takes any property which has been left exposed or unprotected due to the following, they will be punished under Article 24 as the Tribunal directs:
    1. an action or operation of any of the Star Army's forces or of any force co-operating with them
    2. an event, or state of affairs, in relation to which such an action or operation is undertaken
    3. they searches any place or thing with the intention of taking property such as paragraph (a).
  • The individual takes otherwise than for the public service any vehicle, equipment or stores abandoned by an enemy. In this case the individual will be punished under Article 25 as the Tribunal directs.

A person is exempt from this offence if they are confiscating unidentified property with the intent of relinquishing it to Star Army Intelligence for analysis at the first possible opportunity. If the property is still within their possession after plausibly having the opportunity to relinquish it, the individual will have committed the offense and be punished under Article 25 as the Tribunal directs.

Article 81 - Failure to Escape

An individual has committed this offense only if they been captured by an enemy, with knowledge of sensitive information and:

  • is aware of steps that he could take to rejoin Star Army forces
  • could reasonably be expected to take those steps
  • without lawful excuse, they fail to take them

A person to whom this subsection applies commits this offence if, without lawful excuse, they intentionally prevent or discourage another person subject to service law who has been captured by an enemy from taking any reasonable steps to rejoin Star Army Forces and may be punished under Article 26 as the Tribunal directs.

Article 82 - Failure to Apprehend Deserters or Absentees

A individual subject to service law commits this offence if they know that another person:

  • has committed, is committing or is attempting to commit an offence of desertion
  • is committing or attempting to commit an offence of absence without leave

If the individual fails to take such steps as they could reasonably be expected to take to cause that offender to be apprehended they have committed failure to apprehend deserters or absentees and be punished under Article 26 as the Tribunal directs.

Article 83 - Failure to Suppress Mutiny

An individual subject to service law commits an offence if

  • they knows that a mutiny is occurring or is intended;
  • they fail to take such steps as they could reasonably be expected to take to prevent or suppress it.

For the purposes of this section a mutiny occurs when a person subject to service law, in concert with at least one other person subject to service law

  • acts with the intention of overthrowing or resisting authority;
  • disobeys authority in such circumstances as to subvert discipline.

An individual who commits this crime will be punished under Article 24 as the Tribunal directs.

Article 84 - Using force against a Sentry

A person subject to service law commits an offence if

  • they use force against a member of any Star Army forces, or of any force co-operating with them, who is;
    1. on guard duty and posted or ordered to patrol;
    2. on watch;
    3. under orders to regulate traffic by land, water, air or space.
  • by the threat of force they compel such a person to let themselves or any other person pass.

An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 85 - Making false records

A person subject to service law commits an offence if—

  • they make an official record, knowing that it is false in a material respect;
  • with intent to deceive, they tamper with or suppresses an official document;
  • with intent to deceive, they fail to make a record which they are under a duty to make.

For the purposes of this section—

  • “record” means a document or an entry in a document;
  • “document” means anything in which information is recorded;
  • a record or document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under the Empire or is in the service of the Empire.
  • a person who adopts as their own a record made by another person is for the purposes of article is to be treated, as well as that other person, as making the record.

An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 86 - Misuse or Waste of Service Property

Any individual commits this offense if they misapply, misuse or use to excess Star Army property. An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 87 - Obstructing or failing to Assist an Investigator

Any individual commits this offense if

  • they intentionally obstruct, or intentionally fail to assist when called upon to do so, a person who is
    1. service police officer acting in the course of his duty;
    2. a person subject to service law lawfully exercising authority on behalf of a service police officer;
  • they know or have reasonable cause to believe that that person is a service police officer or a person exercising authority on behalf of a service police officer.

An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 88 - Allowing Escape of Prisoners

Any individual commits this offence if

  • they know that a person is committed to their charge, or that it is their duty to guard a person and
    • they commit an act that results in that person's escape;
    • they intend to allow, or is reckless as to whether the act will allow, that person to escape, or they are negligent;
    • they know that a person is committed to their charge and they release that person without authority to do so and they know or have reasonable cause to believe that they have no such authority.

An individual who commits this crime will be punished under Article 25 as the Tribunal directs, excluding in cases of negligence in which case Article 27 will be tried.

Article 89 - Inaccurate Certification

An individual commits this offence if they make or sign a relevant certificate without having ensured its accuracy.

In this section “relevant certificate” means a certificate (including an electronic certificate) relating to

  • any matter affecting the spacefaring or fighting efficiency of any Star Army ships;
  • any Star Army ship;
  • any ship material;
  • any equipment of a description prescribed by regulations made by the Commander of the Star Army.

An individual who commits this crime may be punished under Article 26 as the Tribunal directs.

Article 90 - Prize Offenses committed by Officer in Command of a Ship

A person who, while in command of any of Star Army ships, takes any ship as prize commits an offence if they unlawfully fail to ensure that

  • all the ship papers found on board are sent to a prize court of competent jurisdiction;
  • the ship is brought to a convenient port for adjudication;
  • the goods are brought to a convenient port for adjudication.

An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 91 - Other Prize Offenses

A person commits an offence if

  • they ill-treat a person who is on board a ship when it is taken as prize;
  • they unlawfully takes anything in the possession of such a person;
  • they unload, unpack or otherwise interfere with any goods that are on board a ship which has been taken as prize, unless
    1. the goods have been adjudged by a prize court to be lawful prize;
    2. the goods are removed for safe keeping or for necessary use by any Star Army forces or any force co-operating with them.
  • the goods are on board a ship that has been detained in exercise of a belligerent right or under an enactment.

An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 91 - Falsifying Spacefaring Signals

A person commits this offence if, without lawful excuse, they intentionally

  • give a false traffic signal;
  • alter or interfere with an traffic signal or any equipment for giving an traffic signal.

In this section “traffic signal” means a message, signal or indication given (by any means) for the guidance of ships or a particular ship. An individual who commits this crime will be punished under Article 26 as the Tribunal directs.

Article 92 - Dangerous Flying

A person commits this offence if they commit an act that causes or is likely to cause loss of life or injury to any person

  • when flying or using a ship;
  • in relation to a ship or ship material.

And either

  • intends to cause loss of life or injury to any person, and there is no lawful excuse for his act;
  • they are reckless as to whether they cause loss of life or injury to any person;
  • they are negligent as to whether they cause loss of life or injury to any person.

An individual who commits this crime will be punished under Article 24 as the Tribunal directs, excluding by negligence, which is punished under Article 27.

Article 93 - Hazarding a Posting

Any individual, who causes a starship or base to be hazarded (put into danger of destruction), by malice or stupidity or without lawful authority, shall be guilty of hazarding a posting and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Article 94 - Damage to Property

Any individual who intentionally or recklessly damages, or by willful negligence allows the damage of any other person’s property, shall be guilty of damage to property and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Further, any individual who intentionally or recklessly damages, or by willful negligence allows the damage of property of the Star Army of Yamatai, or the Yamatai Star Empire, shall be guilty of damage to official property and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Chapter XIII - Addendum II

Article 95 - Statute of Limitation

The addendum listed here was added in YE 44, consolidating crimes already present in the Star Army of Yamatai from past regulations.

Article 96 - Cowardice

Any individual who intentionally orders the withdrawal of a force or garrison without proper cause, shall be guilty of cowardice and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Further, any individual who intentionally orders the withdrawal of a force or garrison without proper cause, in the face of the enemy, shall be guilty of agregious cowardice and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Article 97 - Negiligence to Comrades

Any individual who intentionally or by incompetence, allows a comrade to come to harm when their comrade could have reasonably expected preventative measures to be taken by the individual, shall be guilty of negligence to comrades and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

Further, any individual who intentionally or by incompetence, allows a comrade to come to harm when their comrade could have reasonably expected preventative measures to be taken by the individual, in the face of the enemy, shall be guilty of negligence in the face of the enemy and be punished under Article 24 or by such lesser punishment as the Tribunal directs.

Additionally, any individual who intentionally or by incompetence, allows a comrade to die when their comrade could have reasonably expected preventative measures to be taken by the individual, shall be guilty of gross negligence and be punished under Article 23 or by such lesser punishment as the Tribunal directs.

Article 98 - Raising a False Alarm

Any individual who intentionally or by incompetence, raises a false alarm, shall be guilty of raising a false alarm and be punished under Article 26 or by such lesser punishment as the Tribunal directs.

Further, any individual who intentionally or by incompetence, raises a false alarm, which causes a measurable reduction of combat readiness, shall be guilty of recklessly raising a false alarm and be punished under Article 25 or by such lesser punishment as the Tribunal directs.

OOC

Adapted from the UCMJ and MCM to apply to existing Star Army law and regulations. Later added to with what was determined to be uncovered areas in these documents, using laws from other countries (e.g. UK Armed Forces Act 2006) to supplement. All credit to ethereal and Sean_ODuibher.

1) , 3)
starship or base
2)
put into danger of destruction

Quality:
stararmy/regulations/amj.txt · Last modified: 2023/12/21 01:02 by 127.0.0.1