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Revista Científica General José María Córdova
versão impressa ISSN 1900-6586
Resumo
VASQUEZ HINCAPIE, Daniel José e GIL GARCIA, Luz Marina. Punitive Behaviour and Misdemeanors against Discipline and Service in Military Criminal Justice and the Disciplinary Regulations. Rev. Cient. Gen. José María Córdova [online]. 2016, vol.14, n.18, pp.27-46. ISSN 1900-6586.
Awareness of causes has led to believe that Courts of the Nation still think that military criminal law is an administrative law. The reason is because both the State and the legislator body have advocated introducing a disciplinary status in their rules, causing them to lose their relevant relationship to criminal issues. This article aims to set a delimitation of the Military Penal Code constituents that should be part of the Disciplinary Regulations in order to set the scope of each standard. Then, the idea is finding the difference between crime and misdemeanor by figuring out which system is right to be sanctioned; also, according to the current situation of the State determined by peace or war. It aims to give arguments to return to each regime a proper intervention context during the development of a complex military activity.
Palavras-chave : Concept of Discipline; Disciplinary Regulations; Military Penal Code; Misdemeanors against Discipline; Public Servant.