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P. VI., Сн. VIII. DISOBEDIENCE, MUTINY, &c.
233
The Maritime Code of Finland contains the following provisions
relating to disobedience and misconduct on the part of sailors serving
on board of vessels belonging to Finnish ports :—
If, during the term of his service, a sailor prove negligent,
disobedient, quarrelsome, careless with fire, or addicted to drink, the
captain, after having endeavoured without success to correct his
conduct by warning him, shall hold an inquiry in the presence of
the crew, and shall enter in the log a memorandum signed by two
witnesses. He shall then condemn the culprit, according to the
nature of the offence, either to arrest for a period not exceeding eight
days, on full or half rations, or to a fine, which is to be handed to the
seamen’s home at the town where the culprit is domiciled. The fine
may not exceed one-fourth part of his monthly wage, or the
corresponding portion of his pay if he is engaged by the voyage. If he is
again guilty of the same misconduct, or neglects his duties either in
navigating the vessel or on watch or look-out, and such misconduct
requires summary punishment, the captain may order him to suffer
moderate corporal chastisement in the presence of witnesses. This
chastisement must be applied with all necessary precautions: a
memorandum must be made in the log of the punishment and of the
misconduct for which it was inflicted, and must be signed by two
witnesses, and be read to the culprit in the presence of the rest of
the crew.1
If the crime or misconduct committed by a seaman during the
voyage be of a particularly grave character, the captain must, on
returning to Finland, make application to a magistrate, in order
to have the case tried before a court. If it be considered necessary,
for the safety of the vessel and of the persons on board, to confine
the culprit, the captain must cause him to be imprisoned until such
time as he is able to surrender him to the Finnish authorities or, if
in a foreign country, to the Consul.2
A seaman who is refractory or who offers forcible resistance to
the captain is liable to a fine of from five to 500 marks or to
imprisonment for from one to six months. If the act of insubordination
occurs at a time when the vessel is in danger of shipwreck, capture
by an enemy, or any other peril, the punishment is from two to twelve
months’ penal servitude. In the case of disobedience to the pilot,
when he is not acting for the captain, the culprit is liable to a fine
of from 10 to 300 marks.3
Members of a ship’s crew who are found guilty of conspiring to
refuse to obey the captain’s orders are liable to from two to six years’
penal servitude. If important extenuating circumstances exist, the
term may be reduced to six months. The same penalty is inflicted
on seamen who are convicted of having acted together, even when
such united action is not preconcerted, to compel the captain to take
or not to take any measure within the scope of his authority. A
seaman who has been convicted of resorting to violence or menace
against the captain or any other person with the object of seizing the
vessel, her tackle, apparel or furniture, or any part whatever of her
1 Maritime Code of Finland, Art. 62.
3 Ibid.., Art. 64.
2 Ibid., Art. 63.
§ 237.
§ 237, [-Disobedience,-]
{+Disobe-
dience,+}
mutiny, or
violence of
Finnish
sailors.
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