Obsah (6)
Article 38Article 39Article 43Article 47Article 51Article 53Act X of 2000; and Legal Notice 411 of 2007. 1. The title of these Rules is Rules of Procedure. 2. (1) In these Rules: Title. Definitions. "child" means a person under the age of fourteen years; "conv
, AND RULE 88 OF THE RULES OF PROCEDURE, MADE THEREUNDER HEREBY SUMMONED and required to attend as a witness for the taking of the said summary of evidence at ..................................... on the ................................ day of ................................. ....................at ................. o’clock in the ......... noon and to bring with you the documents hereinafter mentioned, viz: .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. Whereof shall fail at your peril Given under my hand at ..................................on the ............................... day of ................................. ..................... ........................................................ (Signature, rank and unit) Commanding Officer of the accused. [ S.L.220.04 RULES OF PROCEDURE SECOND SCHEDULE (Rules 12 and 13) 43 Amended by: L.N. 39 of 1973. Charge-Sheets
(1)
(2)
(3)Commencement of charge-sheets. Statements of offences. Illustrations of charge-sheets.
(1)Commencement of Charge-Sheets Malta Armed Forces Act
(1)
(1){ } (
- a)(
- b)(
- c)(
- d)(
- e)Article 178 The accused ................... (number, rank, name and unit) being subject to military law under article 178
(1)The accused ......................... (
- f)( n u m b e r, r a n k , n a m e a n d unit) { { } (
- a)(
- b)(
- c)(
- d)(
- e)a warrant officer a non-commissioned officer
is charged with - } of the regular force is charged with - a soldier
(1)(g) The accused ......................... number, rank, name and unit) reserve
(1)when called out on permanent service undergoing training employed in Government service in employment of which it is an express condition that while employed therein he is to be subject to military law { The accused ......................... (h) number, rank, name and unit) ⎧ ⎨ ⎩
(1)(i) { a warrant officer a non-commissioned officer a man { a warrant officer a non-commissioned officer a man when embodied when called out on special service undergoing training drill attending a parade serving on the permanent staff of the territorial force { } of the Armed Forces of Malta } is charged with } ⎫ ⎬ ⎭ of the territorial force is charged with - The accused ....................................... (name and unit, etc., with which employed) being subject to military law under article 178
(1)(i)
, is charged [ S.L.220.04 44 RULES OF PROCEDURE with -
(1)
(2)} Article 179 The accused ......................................................................................... (name and brief description) being liable to trail by court-martial under article 179 {
(1)}
(2)} is charged with Article 130
(1)
(2)} The accused ............................(name) formerly ................................... (former military description including the manner in which the accused was formerly subject to military law set out in accordance with the appropriate form in this Schedule) and now liable to trial by court-martial under the provisions of article 130 {
(1)} {
(2)}
, is charged with -
(2)Statements of offences Malta Armed Forces Act Treachery, cowardice and offences arising out of military service
(1)
(2)
(3){ } (
- a)(
- b)(
- c)(
- d)(
- e)Article 37 Aiding the enemy with intent contrary to article 37
(1)Knowingly and without lawful excuse doing an act specified in paragraph Negligently causing the { capture destruction { } { } (a) (b) (c) (d) (e) (a) (b) (c) (d) (e) }
of article 37
(1)
, contrary to article 37
(2)of the said Act. b y t h e e n e m y o f t h e f o r c e ’s aircraft contrary to article 37
(3)
Article 38Communicating with
(1)
(2)
(3)}{ Giving intelligence to } the enemy contrary to article 38 Disclosing information contrary to article 38 {
(1)
(2)
(3)}
Article 39
(1)Cowardice before the enemy contrary to article 39
(1)
(2)Inducing cowardice before enemy contrary to article 39
(2)
. Article 40 (a) Spreading reports relating to operations calculated to create despondency or unnecessary alarm, contrary to article 40(a)
. (b) When before the enemy using words calculated to create despondency or unnecessary alarm contrary to article 40 (b)
. [ S.L.220.04 RULES OF PROCEDURE 45 Article 41
(1)Being captured through disobediences or wilful neglect contrary to article 41
(1)
(2){ Failure to take } Preventing Discouraging } a person from taking reasonable steps after capture to rejoin the force contrary to article 41
(2)of the Malta Armed Force Act Article 42
(1){ { { Sleeping at his post when on } Sleeping when on { guard duty duty controlling movement Drunkenness when on } { Leaving his post Absenting himself contrary to article 42
(1)(a) } guard duty duty controlling movement when on Striking Using force against
(3)guard duty duty controlling movement Compelling a person on } { guard duty duty controlling movement { } Act contrary to article 42
(1)(c) guard duty duty controlling movement a person on of the contrary to article M a l t a Armed 42
(1)(b) Forces } contrary to article 42
(1)(d)
guard duty duty controlling movement to let a person pass } contrary to article 42
(3)
Article 43} (a) (b) (c) Looting contrary to article 43 { (a) (b) (c) } of the Malta Armed For ces Act Mutiny and insubordination Article 44 { with violence
(1)(a) Mutiny
(1)(b) Incitement to mutiny
(2){ Mutiny Incitement to mutiny } relating to the enemy { } with violence relating to the enemy contrary to article 44
(1)(a)
} contrary to article 44
(1)(b)
contrary to article 44
(2)
[ S.L.220.04 46 RULES OF PROCEDURE Article 45 (a) Failing to suppress or prevent mutiny contrary to article 45(a)
. (
- b)Failing to report mutiny contrary to article 45(
- b)of the Malta Armed Forces Article 46
(1)
(1){ (
- a)(
- b)Striking Using } Offering { Using violence to threatening insubordinate { h is su per ior officer con trar y to article 46
(1)(a)
} language to his superior officer contrary to article 46
(1)(b)
Article 47
(1)Disobeying a lawful command with wilful defiance of authority contrary article 47
(1)
(2)Disobeying a lawful command contrary to article 47
(2)
. Article 48 (
- a)Obstructing a (
- b)Refusing to assist a { { provost officer person exercising authority under or on behalf of a provost officer provost officer person exercising authority under or on behalf of a provost officer } } c o n t r a r y t o a rt i c l e 4 8 (a ) o f t h e Malta Armed Forces Act c o n t r a r y t o a rt i c l e 4 8 (b ) o f t h e Malta Armed Forces Act Article 49
(1)Disobedience to standing orders contrary to article 49
(1)
. Desertion, absence without leave, etc. Article 50
(1)(a)
(1)(b) Desertion contrary to article 50
(1)(a)
. { Persuading Procuring } a person to desert contrary to article 50
(1)(b)
Article 51
(
- a)(
- b)Absence without leave contrary to article 51(a)
. { Persuading Procuring } a person to absent himself without leave contrary to article 51(b)
[ S.L.220.04 RULES OF PROCEDURE 47 Article 52 (a) Assisting a person to desert or absent himself contrary to article 52(a)
. (b) Failing to { report without delay take steps to cause the apprehension of }{ a deserter or absentee a person attempting to desert or absent himself } contrary to article 52(b)
Article 53
{ Making a false statement to } obtain leave contrary to article 53
prolong Article 54 } Failing to attend for a military duty Leaving a military duty without permi