Article 396 — Breaches of Military Secrecy.

(1) Any member of the Defence Forces, or any person in the service thereof, who, apart from cases of treason and espionage punishable under the relevant provisions (Arts. 248-252), discloses or communicates information, papers or facts which are secret, or have been secret by order, or are not intended for publication, which have come to his knowledge in the course of his duties, is punishable, even where his duties have ended, with rigorous imprisonment not exceeding seven years. (2) The punishment shall be rigorous imprisonment not exceeding fifteen years: a) where the crime concerns secret information or document kept in cipher, or of which the safekeeping had been expressly entrusted to the accused person, or where the latter has sworn an explicit oath of secrecy; or b) Where the damage caused by the crime affects particularly vital interests. (3) Where the crime is committed negligently, the punishment shall be fine or simple imprisonment not exceeding one year in the case of the simple crime under sub-article (1), or simple imprisonment not exceeding three years where there is aggravation under sub-article (2) above.