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11. Offences
against military justice
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Article 69-Offences
of military profiteering
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| 69.1 |
Unlawful profiteering |
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Unlawful military profiteering is when a person, persons or legal entity engage in trade and commerce with the armed forces, or in a location in which military operations and underway that deliberate sets the price of goods at inflated prices above reasonable expectations of margins and/or defy guidelines, regulations or laws concerning the setting of prices of goods in a temporarily restricted market of supply. |
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Primary Fact(s) |
| 1. That in the normal course of demand and supply, a fair price for a certain good or service exists; |
| 2. That in the conduct of fair trading, there exists laws and statutes making unlawful profiteering behaviour during abnormal economic circumstances; |
| 3. That due to a set of abnormal economic circumstances, the demand/or general price for certain items rises; |
| 4. That instead of setting modest price increase, an enterprise sets a significantly higher than normal increase during such abnormal economic circumstances where it represents a temporary monopoly supplier; |
| 5. That the actions of the accused contributed to the unlawful profiteering; |
| 6. That the actions of the accused were done with the knowledge and intent to unlawfully profiteer from the abnormal economic circumstances; |
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Penalty Conditions (Level 1-Offence) |
Type |
Condition(s) |
1-3 |
a) if the total level of extracted profit above reasonable expected market price is less than 1/6 annual average wage; |
4-6 |
a) if the total level of extracted profit above reasonable expected market price is greater than 1/6 and less than 1/2 annual average wage; |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) if the total level of extracted profit above reasonable expected market price is greater than 1/2 and less than 1 times annual average wage; |
4-6 |
a) if the total level of extracted profit above reasonable expected market price is greater than 1 times and less than 3 times annual average wage; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) if the total level of extracted profit above reasonable expected market price is greater than 3 times and less than 10 times annual average wage; |
4-6 |
a) if the total level of extracted profit above reasonable expected market price is greater than 10 times annual average wage; |
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