Improper use of military uniform by reserve personnel: criminal, disciplinary and institutional implications

DOI: https://zenodo.org/records/22678383

Abstract

This article analyzes the improper use of a uniform by a military reservist from criminal, disciplinary, and institutional perspectives. It seeks to understand the limits of the right to wear the uniform and the legal consequences arising from its use outside of legally permitted circumstances. Through qualitative research—encompassing bibliographic, documentary, and jurisprudential sources—it was found that the Military Penal Code classifies the improper use of a uniform as a “crime of conduct”, consummated by the mere act of wearing a military uniform, badge, or insignia to which the individual is not entitled. However, the study highlights the need to interpret this criminal offense in a manner that is proportionate and consistent with constitutional principles, upholding hierarchy and discipline without resorting to excessive punishment. The paper also draws brief comparisons with foreign legislation and addresses the distinction between the offenses defined in Articles 171 and 172 of the Military Penal Code. It concludes that while the improper use of a uniform by a reservist constitutes both a criminal and disciplinary violation, its enforcement must adhere to criteria of rationality and material elements of the offense.