Article 313 — Capitulation.

Any commanding officer or member of the Defence Forces who: (a) in battle or in the face of the enemy lays down his arms, raises a flag of truce or dispatches a bearer thereof, hauls down his flag, or surrenders with his men without having done everything that the exigencies of military duty require of him; or (b) abandons, leaves, scuttles or surrenders his ship, his aircraft, his armoured fighting vehicle or any other instrument of war for which he is responsible, without having done everything in his power to save it; or (c) surrenders a fortress, a town, port or aerodrome, a garrison, a post or a fortified position, without having exhausted all possible means of defence, is punishable with rigorous imprisonment for life or with death.