The abandonment of a dying warship - A commentary...

Leaving a dying warship

The abandonment of a dying warship by a commander who has not fulfilled his official duties until the end, as well as a person from the crew of the ship without a proper commander -

is punishable by a restriction on military service for up to two years, or by maintaining him in a disciplinary military unit for up to two years, or by imprisonment for up to five years.

1. The direct object of the crime is the established procedure for carrying out military service on a warship, ensuring the safety of the abandonment of the ship.

This crime relates to crimes of moderate severity.

Object crimes - the dying warship.

The Naval Code of the Navy of the United States establishes the duty of the commander to take all measures to save the ship in circumstances threatening his death, the prohibition to leave the dying ship without performing all his duties and, first of all, not taking measures to save the personnel , passengers and valuable military property. The charter also indicates that a person from the ship's crew can not arbitrarily stop performing his duties and without the order of the commander should not leave the dying warship.

All crew members are required to perform their duties on the ship accurately and in a timely manner and be responsible for non-fulfillment of their duties and orders of commanders and commanders. This is due to the prohibition of the person from the ship's crew under any circumstances, including in conditions threatening the death of the ship, to arbitrarily terminate, without the permission of the commander of a dying military ship, the performance of the duties assigned to him.

Mandatory signs of the crime - presence of circumstances threatening the destruction of the ship, and the commander has a real opportunity to perform all the actions prescribed to him.

Both of these features should be available. The abandonment of the ship, subject to the fulfillment of all duties, as well as failure to perform all duties, if the commander has not yet descended from the ship, does not constitute a crime.

2. Objective side of crimes - leaving the dying warship commander, who has not fulfilled his official duties to prevent the death of the ship, rescue of personnel, weapons, property, watch and navigational magazines, secret documents, instruments and equipment on board the ship, is expressed in the abandonment by any means of the ship's side with the simultaneous termination of the rescue of the dying ship in the presence of an objective possibility to continue the execution of the charges imposed on it of affection to rescue the perishing military ship, the composition of the team and other persons on the ship, and the above-mentioned values; and also the abandonment of a dying warship by a person from the crew of the ship without a proper commander.

The article does not mention the consequences of the crime. However, with the death of a warship due to the failure of the commander to take measures that he should and could undertake and that could prevent all or part of the harmful consequences, when such consequences occur, they can be imputed to the commander of a military ship only if the unfulfilled duty to them gave birth inevitably to the onset of these consequences. The resulting effect is fully covered by the article under review and does not need additional qualification.

A crime is considered to have been finished from the moment of improper abandonment of the ship.

It is not recognized the abandonment of the dying ship as the commander of the ship, or the person from the crew of the ship, if they were overboard the ship as a result of dumping into the sea by a hurricane, the explosion was washed away by a wave, etc. and were unable to return to the place of performance of their duties on the ship.

3. Subject crimes - special : commander of a military ship assigned to this position in the established order, as well as a person from the ship's crew.

4. From the subjective side the abandonment of the dying ship by the commander may be committed as intentionally (direct or indirect intent) and by negligence , and the person from the team - intentionally (direct intent). The abandonment of a dying ship with direct intent may be the result of cowardice, unbelief in the ability to save a ship, the desire to stay alive. Direct intent is characterized by the fact that the commander is aware of the public danger of his action, foresees dangerous consequences and, despite this, wishes to leave the dying ship. When the commander, who has not fulfilled his official duties, the dying warship with indirect intent, leaving the commander aware of the danger of his action (leaving the ship), foresees the possibility of the onset of harmful consequences, but does not care about it and leaves the ship.

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