Article 288 — Desertion.

(1) Any member of the Defence Forces who with intent to evade military service, quits his unit, post or military duties without proper authority, or fails to return to them after being absent with leave, is punishable with rigorous imprisonment not exceeding five years. (2) Where the crime is committed in time of emergency, general mobilization or war, the criminal is punishable with rigorous imprisonment from five years to twenty-five years, or, in the gravest cases, with life imprisonment or death.