Art. 95. Resistance, Breach of Arrest, andEscapeAny person subject to this chapter whoresists apprehension or breaks arrest or whoescapes from custody or confinement shall bepunished as a court-martial may direct.Art. 96. Releasing Prisoner without ProperAuthorityAny person subject to this chapter who,without proper authority, releases any prisonercommitted to his charge, or who throughneglect or design suffers any such prisoner toescape, shall be punished as a court-martialmay direct, whether or not the prisoner wascommitted in strict compliance with law.Art. 97. Unlawful DetentionAny person subject to this chapter who,except as provided by law, apprehends, arrests,or confines any person shall be punished as acourt-martial may direct.Art. 98. Noncompliance with Procedural RulesAny person subject to this chapter who—(1) is responsible for unnecessary delay inthe deposition of any case of a person accusedof an offense under this chapter; or(2) knowingly and intentionally fails toenforce or comply with any provision of thischapter regulating the proceedings before,during, or after trial of an accused;shall be punished as a court-martial may direct.Art. 99. Misbehavior before the EnemyAny person subject to this chapter whobefore or in the presence of the enemy—(1) runs away;(2) shamefully abandons, surrenders, ordelivers up any command, unit, place, ormilitary property, which it is his duty to defend;(3) through disobedience, neglect, orintentional misconduct endangers the safety ofany such command, unit, place, or militaryproperty;(4) casts away his arms or ammunition;(5) is guilty of cowardly conduct;(6) quits his place of duty to plunder orpillage;(7) causes false alarms in any command,unit, or place under control of the armed forces;(8) willfully fails to do his utmost toencounter, engage, capture, or destroy anyenemy troops, combatants, vessels, aircraft, orany other thing, which it is his duty so toencounter, engage, capture, or destroy; or(9) does not afford all practicable reliefand assistance to any troops, combatants,vessels, or aircraft of the armed forcesbelonging to the United States or their allieswhen engaged in battle;shall be punished by death or such otherpunishment as a court-martial may direct.Art. 100. Subordinate Compelling SurrenderAny person subject to this chapter whocompels or attempts to compel the commanderof any place, vessel, aircraft, or militaryproperty, or of any body of members of thearmed forces, to give it up to an enemy or toabandon it, or who strikes the colors or flag toany enemy without proper authority, shall bepunished by death or such other punishment asa court-martial may direct.Although these offenses are similar to mutiny, theydo not require concert of action. The compulsion tosurrender must be by acts, rather than words. To “strikethe colors or flag” is to surrender. The offense iscommitted by anyone subject to the UCMJ whoassumes the authority to surrender a military force orposition when that person is not authorized to do soeither by competent authority or by the necessities ofbattle.2-26Student Notes:
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