JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

Law 9/1988, of 21 April, of Plant and Territorial Organization of the Military Jurisdiction, was enacted in the development of Articles 44 and 59 of the Law of the Organic Law 4/1987, of July 15, of the Competition and Organization of the Military jurisdiction, in which it is established that by law the territorial division of the military of Spain will be determined and the headquarters of the Territorial Military Courts will be pointed out, with the establishment of the demarcation of these.

The territorial division thus designed lacked sufficient empirical basis that could attribute to it a vocation of permanence in time, given the very recent organic, competitive and procedural restructuring of the jurisdiction castrate.

The more than eight years since then have provided sufficient experience to check the need to review the original distribution of the Courts and Tribunals Military Territorial, adapting human and material resources to current and foreseeable requirements in the future, in order to obtain an optimal result in the effectiveness of Military Jurisdiction.

In this regard, the analysis of the volume of cases of the current military judicial bodies and the forecasts of the deployment of the Force by the national territory are some of the reasons that determine whether it is appropriate or not. need to remove some of those organs, alter the territorial jurisdiction of others, or establish new headquarters in a Military Tplayed Court.

On the basis of the stated budgets, this Law reduces the Territorial Military Courts from 28 to 18, suppressing the Second Section of the Territorial Military Tribunal First, and expressly preventing the the possibility of the second section being put into operation at the time when it is determined by the Government, only in the Second Territorial Military Court.

Together with these express forecasts, this Law, still taking as a reference the current territorial division of the military jurisdiction in five territories, intends to fix the spatial scope of each of them according to the Regional planning of the State in Autonomous Communities.

In this sense, we must take into account the importance of the Autonomous Communities in the territorial organization of the State, reflected in the framework of the Judicial Branch in the Supreme Courts of Justice. To overcome the current distribution of the territory by provinces for the purposes of establishing the territorial scope of the Territorial Military Courts (as stated in article 1 of the current Law 9/1988) and to be subject to the criterion of the Article 2 of this Law, which seeks to match these territories with the different Autonomous Communities, is consistent with the territorial structure of the State and, therefore, with the mandates of our Constitution.

Article 1. Central Military Court and Central Military Courts.

The Central Military Tribunal and the Central Military Courts have jurisdiction throughout Spain.

Article 2. Territorial division.

For military jurisdictional effects, the Spanish territory is divided into:

Territory first: comprises the Autonomous Communities of Castilla-La Mancha, of Extremadura, of the Region of Murcia, of Madrid and Valenciana.

Second Territory: comprises the Autonomous Community of Andalusia and the Cities of Ceuta and Melilla.

Third territory: comprises the Autonomous Communities of Catalonia, Aragon, the Balearic Islands and the Autonomous Community of Navarra.

Fourth territory: comprises the Autonomous Communities of Galicia, the Principality of Asturias, Castilla y León, Cantabria, the Basque Country and La Rioja.

Territory fifth: comprises the Autonomous Community of the Canary Islands.

Article 3. Territorial Military Courts.

In each of the territories described in the previous article, there will be a Territorial Military Tribunal whose seat will be as follows:

Territorial Military Court First, Madrid.

Territorial Military Court Second, Seville.

Third Territorial Military Court, Barcelona.

4th Territorial Military Court, A Coruña.

Fifth Territorial Military Tribunal, Santa Cruz de Tenerife.

Each Territorial Military Court shall be composed of a Section, without prejudice to the provisions of the following Article.

Article 4. Second Section of the Second Territorial Military Tribunal.

There will be a Second Section in the Second Territorial Military Tribunal, based in Seville, which will be put into operation at the time it is determined by the Government, through Royal Decree, if the cluster of judicial matters, The modification in the deployment of the Force or the speed in the Administration of Justice so advise.

Article 5. Composition of the Territorial Military Courts.

The Sections of the Territorial Military Tribunal shall be composed and constitute in the manner indicated in Articles 46 and 51 of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction.

If in the list of each Army referred to in Article 49 of the Organic Law of Competition and Organization of Military Jurisdiction there is no name or sufficient number of names to extract Military Vocals from a given Army, shall be supplied by the list of the territory corresponding to the Territorial Military Tribunal First.

Article 6. Central Military Togolled Courts.

Based in Madrid, there will be the Central Military Courts numbers 1 and 2.

Article 7. Demarcations of the Military Touched Courts of the territory first.

In the territory first, the demarcations, plant, number of order and seat of the Military Territorial Courts will be as follows:

a) Provinces of Madrid, Toledo, Ciudad Real, Cuenca, Guadalajara, Cáceres and Badajoz. Two Tried-to-be, with numbers 11 and 12, based in Madrid.

b) Provinces of Castellón, Valencia, Alicante and Albacete. A Court Played with the number 13 and based in Valencia.

c) Province of Murcia. A Judged with number 14 and based in Cartagena (Murcia).

Article 8. Demarcations of the Military Tribunals of the Second Territory.

In the second territory, the demarcations, plant, order number and headquarters of the Territorial Military Courts will be as follows:

a) Provinces of Cordoba, Seville, Huelva and Jaén.

a Tógado Courthouse, with the number 21 and based in Seville.

b) Province of Cadiz. A Judged with number 22 and based in San Fernando (Cádiz).

c) Provinces of Granada and Almeria. A Court Played with number 23 and based in Almería.

d) Province of Malaga. A Judged with number 24 and based in Malaga.

e) Ceuta. A Court Played with number 25 and based in Ceuta.

f) Melilla. A Court Played with number 26 and based in Melilla.

Article 9. Demarcations of the Military Tribunals of the third territory.

In the third territory, the demarcations, plant, order number and headquarters of the Territorial Military Courts will be as follows:

a) Provinces of Barcelona, Tarragona, Lleida and Girona. A Judged with number 31 and based in Barcelona.

b) Provinces of Zaragoza, Huesca, Teruel and Navarra.

A Court Played with number 32 and based in Zaragoza.

c) Province of the Balearic Islands. A Judged with number 33 and based in Palma de Mallorca.

Article 10. Demarcations of the Military Tribunals of the Fourth Territory.

In the fourth territory, the demarcations, plant, order number, and headquarters of the Territorial Military Courts will be as follows:

a) Provinces of A Coruña, Lugo, Ourense and Pontevedra. A Tried and Played With number 41 and based in A Coruña.

b) Provinces of Valladolid, Palencia, Zamora, Salamanca, Avila, Segovia, Asturias and Leon. A Court Played with number 42 and headquarters in Valladolid.

c) Provinces of Burgos, Cantabria, Soria, La Rioja, Vizcaya, Alava and Guipuzcoa. A Court Played with number 43 and based in Burgos.

Article 11. Demarcations of the Military Tribunals of the Fifth Territory.

In the fifth territory, the demarcations, plant, order number and headquarters of the Territorial Military Courts will be as follows:

a) Province of Santa Cruz de Tenerife. A Tógado Courthouse with the number 51 and headquarters in Santa Cruz de Tenerife.

b) Province of Las Palmas. A Judged with number 52 and based in Las Palmas de Gran Canaria.

Article 12. Replacements of the Military Togolese Judges.

In cases where the competent Military Judge is unable to act, he will take charge of the relevant Court of Justice, without prejudice to the ownership of his own, the Judge of the same territory who, in urgent procedure, designates The Office of the Government of the Central Military Tribunal, with observance of the provisions of Article 55 of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction.

When there is more than one Military Played Court with the same demarcation, the designation will fall to him according to the target shift carried by Judge Dean.

Additional disposition first.

The Second Section of Madrid and the current Tribunals Played Territorial Military numbers 13, 14, 15, 17, 22, 33, 42, 43, 46 and 53

be abolished.

Will continue in their duties the current Tribunals Played Territorial Military Numbers 11, 12, 16 (which will be identified with number 13), 18 (which will be identified with number 14), 19 (which will be identified with the number 33), 21, 23 (which will be identified with number 22), 24 (which will be identified with number 23), 25 (which will be identified with number 24), 26 (which will be identified with number 25), 27 (which will be identified with Number 26), 31, 32, 41, 44 (which will be identified with number 42), 45 (which will be identified with number 43), 51 and 52.

Additional provision second.

The courts which are to be removed shall, within 30 days of the entry into force of this Law, refer to the military judicial bodies which are competent, all judicial proceedings which are remain under their jurisdiction, including those that are in execution. If you have a view, it will be suspended.

If the view had been held and the cause was only pending judgment, it must be issued before its referral to the body that is competent in accordance with the provisions of this Law.

Single repeal provision.

Law 9/1988, of 21 April, of Plant and Territorial Organization of Military Jurisdiction is repealed.

Single end disposition.

This Law shall enter into force three months after its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, December 15, 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ