CAPITULATION

On the battlefield, in front of an impressive military force from the enemy, the Commander of a military formation is facing a great dilemma: to continue fighting, despite of the inherent losses that will occur or to make a more tragic decision - surrender -, which will imply the preservation of the fighting forces that will be at sometime necessary for the defense of the country, if this is still possible. The commander can legally adopt the second decision, but only with the observance of art. 338 Penal Code in force (art. 421 from the new Penal Code), which stipulates that this decision has been determined by the fighting conditions, such as avoiding a battle deemed to fail. Psychologically speaking, through heroism, optimism and by his orders, the commander must inspire his military subordinates with courage and trust necessary to support the military actions on the battlefield and to finally attain "the victory", even if this implies a great deal of losses.