In contrast with the military criminal offences governed by military criminal law, disciplinary infractions are acts punishable by disciplinary sanctions. The notion of “act” also includes the omission of a duty owed.
The following, in particular, are deemed and punished as military disciplinary infractions:
a. By a Superior towards his Subordinates:
(1) Slackness, inertia and indifference in matters of command.
(2) Any abuse of authority, where it does not amount to a criminal offence.
(3) Brutal conduct, as well as any insulting gesture or word directed at a subordinate.
(4) Injustice in the imposition of sanctions.
(5) Bias or lack of objectivity in the treatment of subordinates generally.
(6) The acceptance of gifts or loans from subordinates.
(7) Indifference to the observance by subordinates of the general rules of discipline and conduct.
(8) Excessive familiarity with subordinates, especially while on duty.
(9) The concealment of any matter relating to grievances of his subordinates.
(10) Any act in general capable of diminishing his standing or his authority.
b. By a Subordinate towards his Superiors:
(1) Any insolence.
(2) Reluctance, indifference, recalcitrance or delay in carrying out an order.
(3) Criticising or commenting upon the orders or actions of superiors.
(4) Flattery of, or the offering of gifts to, superiors.
(5) Failure to render the salute and indifference to the observance
of the formalities of showing respect to superiors.
(6) Bypassing the chain of command and the use of indirect means.
(7) Any lack of respect generally, or of obedience, however much it be assumed that the subordinate considers himself wronged.
c. By Every Servicemember:
(1) Unjustified absence from roll calls, training or any other duty, where it does not amount to a criminal offence.
(2) Negligence or indifference at work or in training, and in general lack of goodwill in the performance of duty.
(3) The exercise of any profession outside the service, as well as engagement in non-military duties or work, with or without remuneration, save for the cases provided for in Article 25.
(4) Undignified appearance, improper conduct and irregularity of uniform.
(5) Inadequate compliance with the obligations of maintenance, use or management of all manner of Army material and installations.
(6) Failure to render the due salute to the Flag and to religious symbols.
(7) Political activity and, in particular, the exercise of political influence.
(8) Quarrels with servicemembers and civilians, gambling for money, drunkenness, undignified living, a tendency to incur debts,
insincerity and, in general, any act contrary to honesty, uprightness, dignity and good morals.
(9) Indiscretion or negligence in safeguarding confidential matters, where these do not amount to a criminal offence.
(10) Any act in general which offends discipline and the good order of the service in the Army, as defined by the Laws, the Regulations and orders.
Infractions are deemed all the more serious the more frequently they are repeated, whether in isolation or in conjunction with other breaches, and especially when they occur on duty, in front of subordinates or civilians, or in a foreign country. Infractions are likewise serious when they occur in connection with circumstances bearing on military honour, personal dignity, the prestige of the Army, or which result in a disturbance of order or in danger to the lives of personnel.
- See also article Administrative Law Lawyer
- See also article Town Planning & Forest Law Lawyer
- See also article Contribution in Land and Money
- See also article Civil Service Law Lawyer
- See also article Police Disciplinary Law
- See also article Education Law Lawyer
- See also article Lawyer for Application for Annulment
- See also article Lawyer for State Civil Liability
- See also article Lawyer for Petition before the European Court of Human Rights (ECHR)
- See also article Medical Negligence Lawyer
- See also article SYPOTHA – Unauthorised Construction
- See also article Fines for Unauthorised Construction – SYPOTHA – Administrative Court of Appeals
- See also article Annulment by the Council of State (StE) of a SYPOTHA Decision
FREQUENTLY ASKED QUESTIONS ON MILITARY DISCIPLINARY LAW
1. What am I facing if I am charged with a disciplinary infraction?
Military disciplinary law is distinct from criminal law and provides for a wide spectrum of infractions, ranging from insolence towards a superior to undignified conduct or political activity. Sanctions are graduated, from reprimand and confinement to a fine, temporary discharge and, in the most serious cases, definitive dismissal with severe consequences for pension entitlement and professional rights. Severity is assessed by reference to whether the infraction occurred on duty, in front of subordinates or civilians, whether it harmed military honour or the prestige of the Unit, and whether it has been repeated. It is essential to clarify from the outset whether the facts truly amount to a disciplinary infraction or whether the matter is a service disagreement that escalated.
2. What can I do against the disciplinary decision?
A servicemember who has been sanctioned has the right to lodge a hierarchical appeal within the time limits set by the Disciplinary Regulations, as well as to file an application for reconsideration. Once the administrative appeals have been exhausted, an application for annulment is filed before the Administrative Court of Appeals or the Council of State (StE), depending on the type of sanction. In parallel, an application for suspension of execution is filed so that the disciplinary penalty is not enforced until a final ruling is issued. The grounds for annulment are typically inadequate reasoning, breach of the right to a prior hearing, failure to comply with the Sworn Administrative Inquiry (EDE) procedure, prescription of the infraction, and breach of the principle of proportionality between the act and the sanction.
3. How quickly must I act?
The deadlines are extremely tight, and missing them can quite literally decide the case. The hierarchical appeal is, as a rule, lodged within a short period from the notification of the decision, while the application for annulment before the administrative court is filed within sixty days from the notification of the final decision. The application for suspension of execution must be filed immediately, particularly in cases of dismissal or suspension from duty. From the moment the servicemember is summoned to make a defence statement or an EDE is ordered, the time available to prepare a defence is usually short, which is why timely contact with a lawyer is critical for collecting evidence and drafting a comprehensive memorandum.
4. What documents and evidence do I need?
The required materials include the summons to provide a defence statement or the disciplinary decision itself, the findings of the Sworn Administrative Inquiry (EDE), witness depositions, the relevant orders and service notes, as well as the servicemember’s personal file containing performance evaluation reports and any prior commendations. Documents evidencing an unblemished service record up to that point, medical opinions where health considerations apply, statements from fellow servicemembers, and any material rebutting the factual basis of the charge or placing it in a different context are particularly useful. In cases involving excessive familiarity, insolence or improper conduct, the surrounding context and the overall demeanour of the servicemember are decisive.
5. What are my prospects of having the sanction overturned?
In practice, a significant proportion of disciplinary decisions are annulled by the administrative courts, principally on grounds of defective reasoning, breach of the right to be heard, or disproportionate sanction. The more severe the sanction — particularly dismissal or temporary discharge — the more rigorous the proportionality review undertaken by the court. The outcome depends on the seriousness of the infraction, the servicemember’s overall service, the existence or absence of prior disciplinary record, and, above all, the quality of the documentary record. No guarantee can be given in advance, but the right legal strategy combined with the factual evidence often leads to a reduction or annulment of the sanction.
6. What is your lawyer’s role?
The firm undertakes the defence from the stage of the EDE or the summons to provide a defence statement, drafting the memorandum and preparing the servicemember for his testimony. There follow, where required, the hierarchical appeal, the application for reconsideration, the application for annulment before the Administrative Court of Appeals or the Council of State (StE), and the application for suspension of execution. With a specialisation in administrative law and particular experience in cases involving servicemembers and security forces, the firm focuses on safeguarding the client’s career, pension entitlement and personal standing, addressing in a fully reasoned manner the inherent imbalance between the Administration and the individual servicemember.