JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

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

Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction in its articles 44 and 59 establishes that by law the territorial division of the military jurisdiction of Spain will be determined and will be pointed out The headquarters of the Territorial Military Courts-one of which will be held in Madrid-and of the Military Tribunes Territorial, with the demarcation of these. This Law shall comply with the provisions of these precepts.

Article 1.

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

Territory first: Comprises the provinces of Madrid, Toledo, Ciudad Real, Cuenca, Guadalajara, Segovia, Ávila, Cáceres, Badajoz, Castellón, Valencia, Alicante, Murcia, Albacete and Islas Baleares.

Second Territory: Comprises the provinces of Seville, Cordoba, Cadiz, Huelva, Jaén, Granada, Malaga and Almeria, as well as Ceuta and Melilla.

Third Territory: Comprises the provinces of Barcelona, Tarragona, Lerida, Gerona, Zaragoza, Huesca and Teruel.

Fourth Territory: Comprises the provinces of La Coruña, Lugo, Orense, Pontevedra, Asturias, León, Zamora, Salamanca, Valladolid, Palencia, Cantabria, Burgos, Soria, La Rioja, Navarra, Guipuzcoa, Vizcaya and Alava.

Territory 5: Comprises the provinces of Santa Cruz de Tenerife and Las Palmas.

Article 2.

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

-Territorial Military Court First, Madrid.

-Territorial Military Court Second, Seville.

-Third Territorial Military Tribunal, Barcelona.

-Fourth Territorial Military Tribunal, La Coruña.

-Fifth Territorial Military Tribunal, Santa Cruz de Tenerife.

The Territorial Military Tribunal First shall be composed of two Sections, both of which are based in Madrid, and the other Territorial Military Courts of a Section, without prejudice to the provisions of the following Article.

Article 3.

In the Territorial Military Courts which are mentioned below, the following Sections will also exist:

-A third Section of the Territorial Military Tribunal First, whose territorial competence will comprise the provinces of Castellón, Valencia, Alicante, Albacete, Murcia and Islas Baleares, and will be based in Valencia.

-A second Section of the Territorial Military Court Second, whose territorial competence will comprise the provinces of Granada, Malaga and Almeria, as well as Melilla, and will be based in Granada.

-A second Section of the Fourth Territorial Military Tribunal, whose territorial competence will comprise the provinces of Cantabria, Burgos, Soria, La Rioja, Navarra, Guipuzcoa, Vizcaya and Alava, and will be based in Burgos.

The Sections referred to in this Article shall be put into operation at the time the Government is determined, by Royal Decree, if the amount of court cases, the change in the deployment of the force or The speed of the Administration of Justice so advises.

Article 4.

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

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 vowels from a given Army, it will be supplied by the list of the territory corresponding to the Military Territorial Tribunal First.

Article 5.

With headquarters in Madrid and territorial jurisdiction that determines the Organic Law 4/1987, of July 15, of Competition and Organization of Military Jurisdiction, there will be the Central Military Courts numbers 1 and 2.

Article 6.

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, Avila and Segovia.

Four Tried, with the numbers 11, 12, 13 and 14, all based in Madrid.

b) Provinces of Cáceres and Badajoz.

A Court Played with number 15 and based in Badajoz.

c) Provinces of Castellón, Valencia, Alicante and Albacete.

Two Tried with the numbers 16 and 17, both based in Valencia.

d) Province of Murcia.

A Tógado Courthouse, with number 18 and headquarters in Cartagena (Murcia).

e) Balearic Islands.

A Court Played with number 19 and based in Palma de Mallorca.

Article 7.

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

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

Two Tried, with the numbers 21 and 22, both based in Seville.

g) Province of Cadiz.

A Court Played with number 23 and based in San Fernando (Cádiz).

h) Provinces of Granada and Almeria.

A Court Played with number 24 and based in Granada.

i) Province of Malaga.

A Court Played with number 25 and based in Malaga.

j) Ceuta.

A Court Played with number 26 and based in Ceuta.

k) Melilla.

A Court Played with the number 27 and based in Melilla.

Article 8.

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

l) Provinces of Barcelona, Tarragona, Lerida and Gerona.

A Court Played with the number 31 and based in Barcelona.

m) Provinces of Zaragoza, Huesca and Teruel.

Two Tried with the numbers 32 and 33, both based in Zaragoza.

Article 9.

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

n) Provinces of La Coruña, Lugo, Orense and Pontevedra.

Two Tried with numbers 41 and 42, both based in La Coruña.

or) Provinces of Leon and Asturias.

A Court Played with the number 43 and based in Leon.

p) Provinces of Valladolid, Palencia, Zamora and Salamanca.

A Court Played with number 44 and based in Valladolid.

q) Provinces of Burgos, Cantabria, Soria, La Rioja and Vizcaya.

A Court Played with number 45 and based in Burgos.

r) Provinces of Navarra, Alava and Guipúzcoa.

A Court Played with number 46 and based in Pamplona.

Article 10.

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

s) Province of Santa Cruz de Tenerife.

A Court Played with number 51 and based in Santa Cruz de Tenerife.

t) Province of Las Palmas.

Two Tried with the numbers 52 and 53, both based in Las Palmas de Gran Canaria.

Article 11.

If the square of Judge Togado is vacant or in case of absence or incompatibility of the holder, he will take charge of the corresponding Tógado Court without prejudice to the ownership of his own, the Judge of the same territory that, in The Office of the Government of the Central Military Tribunal shall designate the Office of the Government of the Central Military Tribunal, in accordance with the provisions of Article 55 of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction.

Article 12.

At the headquarters of the Sections of the Territorial Military Tribunal that do not coincide with the seat of the Tribunal, there will be a Prosecutor's Office dependent on the Chief Prosecutor of the Office of the Prosecutor of the Court.

ADDITIONAL DISPOSITION

1. The criminal procedural law governing the Military Jurisdiction as of May 1, 1988, will be the Third Treaty, Military Procedures, of the Military Justice Code of July 17, 1945, accommodated in the structure, terminology and attributions of the bodies that determine the Organic Law 4/1987 of 15 July, of the Competition and Organization of Military Jurisdiction, and with the modifications, substitutions and deletions that are indicated in this Disposition Additional.

2. References to the military judicial authority, the auditor, or the judicial authority with its auditor, shall be construed as references to the relevant Military Tribunal.

3. The following Articles of the Third Military Justice Code Treaty shall be worded as follows:

Article 730.

The Prosecutor, once the written precedent has been formulated, that will join the procedure, will send this to the Instructor.

The Instructor will require the defendant to name a defender if he has not appointed him in the summary. If you refuse to designate or run for five days without doing so, you will be appointed as a trade officer.

Article 797.

The judgment which the Military Court will give notice, by the Registrar Rapporteur, to the parties, making them aware that the appeal may be brought against it, which must be prepared within five days following the notification.

After five days without any legitimate appeal, the Court shall, by order, declare the judgment.

Article 1,062.

When the civil liability in question is the subsidiary of the State derived from Article 48 of the Military Criminal Code, sign the judgment or the agreement of the Court that declares that it is necessary to demand it, order that it be a separate part of the procedure, which shall be accompanied by a statement of individuals, including the procedure for the resolution of the proceedings. Once the instruction is complete, the Ministry of Defense will be upgraded to implement it.

4. The following Articles of the Military Justice Code will be left without content: 470, 512, 514, 525, 526, 527, 725 first paragraph, 731, 763, 764, 765, 798 to 807, 825 to 860, 911, 954 to 975, 977, 978, 980 to 985, 1,025 to 1,046, 1,063 to 1,071.

5. Court cases for serious misconduct under Articles 431, 432 and 433 of the Code of Military Justice, which are not concluded on 1 May 1988, shall be determined by the sanctioning authority referred to in Article 3 (3). Article 19 of the Organic Law 12/1985, of 27 November, of Disciplinary Regime of the Armed Forces.

6. They will be governed by the Criminal Prosecution Act:

(a) Issues of jurisdiction between military judicial bodies. For these purposes, they shall be hierarchical in order to resolve such matters by the territorial military tribunals in respect of the Military Togolese Judges of their territory and the Court of Justice of the Central Military Tribunal in all other cases.

b) The causes of abstention and recusal.

c) The review and appeal resources.

The ordinary procedure of the Criminal Procedure Law will be a substitute for the Third Treaty of the Military Justice Code.

7. In the case of military disciplinary proceedings, the Regulatory Law of the Jurisdiction-Administrative Jurisdiction of 27 December 1956 shall be a procedural rule with the organic caveats of the Military Jurisdiction.

FINAL DISPOSITION

This Law shall enter into force on the day following its publication in the "Official State Gazette".

Therefore,

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

Palacio de La Zarzuela, Madrid, to 21 April 1988.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ