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Law 4/1987, Of 15 July, Competence And Organization Of The Military Jurisdiction.

Original Language Title: Ley Orgánica 4/1987, de 15 de julio, de la Competencia y Organización de la Jurisdicción Militar.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it, and understand it.

Sabed: that the General Cortes have approved and I come to sanction the following Organic Law:

PREAMBLE

The military jurisdiction has its origin in the same genesis of the permanent Armies and has always been a specialized jurisdiction, a character that derives from the nature of the law it applies and the institutional scope in which is exercised.

The Constitution establishes the regulatory principles of judicial activity and establishes the uniqueness of the judicial branch of the State, maintaining the specialty of military jurisdiction in the strictly speaking field. military and in the case of a state of siege, subject, in any case, to the constitutional principles, in accordance with Article 117.5 of the basic text.

This Organic Law deeply innovates the original criteria and forms that have been governed by the 19th century until today. This is intended to provide a text that responds to the doctrinal currents of comparative law, to the demands of the current society and to the traditional values of the military institution, to ensure a long time an efficient administration of justice castrate.

The judicial function is attributed, exclusively and exclusively, to the military judicial organs, leaving out the command organs to which they had traditionally been granted the exercise of jurisdiction.

It is recognized, however, that special legitimization is given to the Superior Military Command, so that they can ensure, within the jurisdiction, by the discipline and other essential interests of the Armies.

The maximum guarantee of a straight administration of justice centers on the independence of the judicial organs and, within the military jurisdiction, this Law is oriented in this line by enshrining the immobility, the responsibility and exclusive submission to the rule of law of those who play this role, making a real effort to achieve the positive definition of that independence for military judicial bodies.

Together with the desire for independence, it is important to highlight what has been done to establish a system for the constitution of the judicial bodies that guarantees its predetermination.

The legal technification of the organs is another of the purposes of the Law, which respects, however, the traditional mixed composition of the military courts of law technicians and professionals of the Arms and that has also their constitutional support in the Jury Institution.

Thus, a successful administration of justice is achieved by proceeding, part of the judges, of the environment in which the event has occurred that will be the object of its decision.

The jurisdiction of the military jurisdiction is limited in time of peace to the strictly military sphere, knowing of the conduct typified as a crime in the Military Penal Code and extending its competence to any class This is a crime in the case of troops displaced outside the national territory. For the time of war, the Organic Law provides for an amendment of this scope, although the decision is the responsibility of the General Courts and, if it is authorized, the Government. The Military Courts are also granted the judicial protection of military disciplinary power, which is substantially regulated in the Law of 27 November 1985. Without this meaning to be tertiary in the old polemic about the nature, penal or administrative, of the disciplinary, it is estimated that the strictly military ambit, constitutionally erected on the basis of the military jurisdiction but It also includes the disciplinary powers exercised in the various steps of the essentially hierarchical organization of the Armed Forces, as the Constitutional Court has recognized.

Based on the principles listed and following, as far as possible, the criteria of the Organic Law of the Judicial Branch, to which an effective approximation is made, the organization of the Courts Military in the double reality of time of peace and time of war.

In the first, with the normal functioning of all the institutions, the formal requirements are accentuated, reducing them in the second, not because of a decrease in guarantees that can be more demanding when it is possible to reach the The imposition of more serious penalties, but to cover a necessary flexibility for the adaptation of military judicial bodies to the needs of a Armed Forces in operations.

The creation of a Military Chamber in the Supreme Court, subject in its regime and in the statute of its members to the same rules as the other Chambers, assumes unity in the vertex, of the two jurisdictions that make up the Judiciary.

The composition of the said Chamber by Magistrates from the ordinary and military jurisdiction is a guarantee of weighting in a jurisdictional performance of the highest rank, usually called to act in valuations. In the case of the Court of Justice of the European Court of Justice, the Court of First Instance held that the Court of Justice

that the Court of First Instance held that the Court of First Instance held a hearing.

As of the Central Military Tribunal, the scurado that had been referred to has already been mentioned, and this Tribunal supports, together with the Territorial Military Courts, the weight of the judicial activity, which is In order to respect the military hierarchy, it is distributed according to the employment of the defendants, without whose guarantee the discipline would be broken as a necessary support for the operational efficiency of the Force. The composition of one and the others is determined by reason of such jobs, both for the Togned Vocals and for the Military Vocals. The instruction is attributed to the Military Courts, whether central or territorial, according to the body that must know about the procedure, providing for the possibility that the Togolese Judges will accompany the Spanish Forces, which, in compliance with the of a time of peace mission, they must leave the national soil.

It is necessary to emphasize, in the organization that is established, that judicial functions tend to be professionalized definitively, and are attributed, except for the Military Vocals themselves, to members of the Legal Bodies of the Armies.

Important novelty is the new structure given to the Military Legal Prosecutor's Office, which is made dependent on the Attorney General of the State, and is integrated into the Prosecutor's Office. The different levels of his possible performance, the Military Room of the Supreme Court, are organized with the indicated dependency.

Central Military Tribunal and Territorial Military Courts, with the functions that the "ope legis" delegation have attributed to the Togolese Prosecutor and the Prosecutors of the different Military Courts.

On the other hand, under the provisions of this Law and in the manner determined in the Law of Procedure, the procedure opens up to the interests of the accused and harmed. The legal defense is guaranteed in the terms provided for in the Constitution, with the exception of the specialties that can be deduced from exceptional situations outside the national soil and in ships sailing, and the action of the accuser is permitted. In the case of the fact that the author of the event and the injured person were military, I will mediate between them a relationship of subordination, following in this respect the doctrine of the Constitutional Court.

PRELIMINARY TITLE

Of military jurisdiction and the exercise of military jurisdiction

Article 1

Military jurisdiction, a member of the State Judiciary, administers justice on behalf of the King, in accordance with the principles of the Constitution and the laws.

Article 2

The exercise of military jurisdiction, judging and executing the court, in the matters of its jurisdiction, corresponds exclusively to the military judicial bodies established by this Law.

Article 3

Every military court, in the field of its jurisdiction, shall be the default ordinary Judge by the Law.

Article 4

Military jurisdiction extends to criminal matters, judicial protection through disciplinary action and other matters that, in the guarantee of some right and within the strictly military sphere, are determined by the laws as well as those that set the site status declaration.

Article 5

The Constitution, the laws, treaties, conventions and international agreements in which Spain is a part, link the organs of military jurisdiction.

When an organ of the military jurisdiction considers that a rule of law, applicable to the case, whose validity depends on the ruling, may be contrary to the constitution, it will raise the matter before the Constitutional Court with fixed to what is established by their organic law.

The question of unconstitutionality will proceed when, by way of interpretation, it is not possible to accommodate the rule of constitutional order.

The lower legal norms in the law, which violate the law or do not respect the principle of normative hierarchy, will not be applied by the military judicial bodies.

Military judicial bodies will unreasonably reject petitions, incidents, and exceptions that involve law or procedural fraud or be made with overt abuse of law.

Article 6

All are obliged to respect the independence of organs exercising military jurisdiction.

The organs of the jurisdiction itself, will not be able to correct the application or interpretation of the legal order made by lower judicial organs, but by virtue of the resolution of the resources that the laws establish, nor dictate instructions in this regard.

Article 7

For the effectiveness of the functions mentioned in the previous articles, the military judicial bodies may, in the form that the Laws have, initiate proceedings, adopt in these the necessary measures for the assurance of persons and their property, require the appearance of witnesses and experts and the contribution of documents, pieces of conviction and other evidence.

Military judicial bodies may require the necessary collaboration in the course of the process and in the execution of the resolve of all public and private persons and entities, with the exceptions that they establish. Constitution and laws.

The expenses and remuneration incurred as a result of the actions included in the preceding two paragraphs shall be paid in accordance with the law.

All shall abide by and comply with the judgments and other resolutions of the military judicial organs, without prejudice to the right of grace, the exercise of which, in accordance with the Constitution and the laws, corresponds to the King.

Article 8

In the exercise of their duties, members of the military judicial bodies shall be independent, immovable, responsible and subject only to the rule of law.

Your appointment, appointment and termination will be in the form provided for in this Law and may not be separated, suspended, moved or withdrawn, but in the cases and with the guarantees established in the laws.

They will respond criminally and civilly in the cases and in the form determined in the laws and disciplinarily for the faults and infractions that they commit, in the exercise of their functions, according to what is prevented in this Law.

Article 9

The persons referred to in the previous article, who are considered to be disturbed in their independence, shall bring it to the attention of the General Council of the Judiciary through the Government Chamber of the Central Military Court, giving the facts to the Judge or the Court competent to follow the appropriate procedure, without prejudice to the practice of the measures strictly necessary to ensure the action of justice and to restore the legal order.

The members of the Military Chamber of the Supreme Court will apply the provisions to these ends in the Organic Law of the Judiciary.

The Prosecutor's Office and in particular the Military Legal Prosecutor's Office, on its own or at the request of those, will promote the relevant actions or, as the case may be, urge the defense of the independence of the judicial organs. military.

Article 10

Military justice will be administered free of charge.

Article 11

The intervention of the military in the administration of military justice or in military processes, in any concept, will be considered an act of preferential service in the Armed Forces.

TITLE FIRST

Of the limits of military jurisdiction, conflicts of jurisdiction and matters of jurisdiction

CHAPTER FIRST

From the jurisdiction of military jurisdiction

Article 12

In time of peace, military jurisdiction will be competent in criminal matters to hear of the following crimes and faults:

1. Those covered by the Military Criminal Code.

2. Those committed during the lifetime of the state of site that are determined in their declaration, in accordance with the Organic Law that regulates it.

3. Those who point out the international treaties, agreements or conventions in which Spain is a party, in cases of permanent or temporary presence outside the national territory of Forces or Spanish Units of any army.

4. In the case of the previous number and where no applicable treaties, agreements or conventions exist, all of them in Spanish law provided that the defendant is Spanish and is committed at the service or in the places or places they occupy. Spanish Military Forces or Units. In this case, if the defendant returned to the national territory and there was no sentence, the organs of the military jurisdiction shall be inhibited in favor of the ordinary, except in the cases referred to in numbers 1 and 2 of this article.

Article 13

In time of war and in the area determined by the Government, in addition to the provisions of the previous article, military jurisdiction shall extend to the following offences and offences:

1. Those that are determined in treaties with allied power or organization.

2. Those covered by the common criminal law, whose knowledge is attributed to them by law, by the General Courts, or by the Government, when it is authorized to do so.

3. All those typified in Spanish legislation, if they are committed outside the national soil, and the defendant is a Spanish military person or person who follows the Spanish Forces or Units.

4. All committed by prisoners of war.

For the purposes of this Law the term "war time" shall be understood in the terms defined in Article 14 of the Military Criminal Code.

Article 14

The jurisdiction to which the knowledge of the offence is attributed, which is legally marked as more serious, shall be known to the related offences.

If you dismiss the procedure in relation to the most serious penalty, you will no longer be aware of any of the related crimes.

Article 15

Related offenses will be considered:

1. The tasks simultaneously or with unit of action by two or more persons gathered.

2. Those committed by two or more persons in different places or time if preceded by a concert.

3. The tasks as a means to perpetrate or facilitate the execution of others, seek their impunity or the application of less serious penalties.

Article 16

The jurisdiction you know of a procedure will also know all of its incidents.

Article 17

It is up to the military jurisdiction to protect the rights of those who have recourse against sanctions imposed in application of the Armed Forces ' Organic Law on Disciplinary Regime, of the rights granted by the their development and the judicial protection of those who have recourse to sanctions imposed on military judicial disciplinary proceedings.

Article 18

Military jurisdiction will also be competent to impose sanctions on judicial disciplinary action against all those involved in military court proceedings and those who violate the police of the stratum.

CHAPTER II

From jurisdiction conflicts

Article 19

All military judicial bodies may promote and sustain conflicts of jurisdiction with public administrations and with the Courts and Courts of ordinary jurisdiction.

The procedure for processing will be that established in the Law of Jurisdiction Conflicts.

CHAPTER III

Of the issues of competition between military judicial bodies

Article 20

No military court will be able to promote competition to a higher level. However, the Military Courts are excepted with respect to the Territorial Military Courts whose territory they do not belong to. For these purposes, the Court of Justice of the Central Military Court shall be deemed to be higher than the Territorial Military Courts.

The higher-level military judicial body, after hearing the parties and the 10-day common legal/military prosecutor's office, will determine without further appeal its own jurisdiction. It shall seek the action of the lower military judicial body or send it to the lower military court.

Article 21

Outside the assumptions of the previous article, the questions of jurisdiction that arise between military judicial bodies will be regulated in the Military Processed Law.

TITLE II

Of the composition and attributions of the Military Chamber of the Supreme Court, the Courts and the Military Courts

CHAPTER FIRST

From the Military Chamber of the Supreme Court

Article 22

The Fifth Chamber of the Military is created in the Supreme Court.

Article 23

The Military Chamber of the Supreme Court will know:

1. Of the appeals and review established by the Law, against the resolutions of the Central Military Tribunal and the Territorial Military Courts.

2. Of the instruction and prosecution in a single instance of the proceedings for crimes and non-disciplinary offences, which are the competence of the military jurisdiction, against the General Captains, General Tenants and Admirals Military situation, members of the Central Military Tribunal, Togolese Prosecutor, Prosecutors of the Military Chamber of the Supreme Court and Prosecutor of the Central Military Tribunal.

3. Of the incidents of recusal against one or two Magistrates of the Chamber or against more than two members of the Court of Justice of the Central Military Tribunal.

4. Of the remedies against the decisions given by the Instructor Magistrate referred to in Article 30, in cases in which it determines the procedural law.

5. Of the judicial remedies in military disciplinary matters that come against the sanctions imposed or reformed by the Minister of Defense, even the extraordinary ones.

6. Of the jurisdictional remedies against judicial disciplinary sanctions imposed on those exercising judicial, fiscal or secretarial functions, and do not belong to the Chamber itself.

7. Of appeals in the field of jurisdictional conflicts that admit their regulatory law against decisions in the first instance of the Central Military Tribunal.

8. From the claims of the declaration of error of the organs of the military jurisdiction to the effects of patrimonial responsibility of the State, without prejudice to the provisions of article 61.5. of the Organic Law of the Judiciary.

Article 24

The Military Chamber of the Supreme Court will be composed of its president and seven judges. Four of the eight members of the Chamber will proceed from the Judicial Race and the other four from the Legal Corps of the Armies.

Article 25

The President shall be appointed in accordance with the provisions of the Organic Law of the Judiciary for the designation of the Presidents of the Supreme Court.

Article 26

Magistrates from the Judicial Race will be appointed in the same way as the other Magistrates of the Supreme Court.

Article 27

The Magistrates from the Legal Bodies of the Armies will be appointed by Royal Decree, endorsed by the Minister of Justice, and on a proposal from the General Council of the Judiciary.

For each vacancy that occurs, the Minister of Defense will present to the General Council of the Judiciary a term of Directors or Ministers Togolese and General Auditors with aptitude for the promotion.

The appointment as Supreme Court Magistrates of those from the Legal Corps of the Armies will determine their promotion to the maximum employment of their Body, if they no longer have it.

Article 28

The taking of the members of the Chamber from the Legal Bodies of the Armies will permanently confer on them the status and personal status of the Supreme Court Magistrates for all purposes, the status of retired or equivalent and unable to return to activity in the Armed Forces.

Article 29

When the Military Chamber is not constituted with the totality of its members, there shall be parity of the Magistrates of one and the other, excluding the President.

Article 30

For the instruction of the procedures whose knowledge is in the sole instance of the Military Chamber of the Supreme Court, it shall be appointed by the latter, in turn and among its members, an Instructor Magistrate, who will not be able to form a Chamber in the case that you have dealt with.

Article 31

The Chamber established in Article 61 of the Organic Law of the Judiciary will know, in addition to the questions attributed to it in that provision, of the review appeal against the sentences of the Military Chamber in the matters referred to in Article 23 (5) and (6) of this Law.

CHAPTER II

From The Central Military Court

Article 32

With competence over all the national territory and headquarters in Madrid, the Central Military Tribunal is the military judicial body that will know of the procedures under the military jurisdiction that are attributed to it in the present chapter.

Article 33

The Central Military Tribunal shall act in the Chamber of Justice and the Chamber of Government.

Article 34

The Court of Justice of the Central Military Tribunal will know:

1. Of the procedures that are of the jurisdiction of the Military Jurisdiction and not being attributed to the Military Chamber of the Supreme Court, they are instructed for offence committed anywhere in the national territory, or outside of this, when the The invention relates to a method for the use of the same, or the most characterized, being several in the same process, having some of the following qualities or circumstances:

(a) Military personnel equal to or superior to Commander or Captain of Corbeta and their assimilated persons, whatever their military situation, provided that they have not been sentenced to loss of employment or punished with separation from the service.

b) Holders of the San Fernando Laureate Cross on an individual basis

c) Authorities and civil servants, of any order, who have no personal jurisdiction reserved to the Supreme Court for special personal capacity in the ordinary jurisdiction.

d) Auditor President and Vocals of the Territorial Courts, Military Togolese Judges, Prosecutors and Secretaries Relators, all in the exercise of the functions conferred upon them by this Law.

e) Other persons than are established by law-range rules.

2. Of the incidents of recusal of one or two members of the Central Military Tribunal, Central Togolese Judges and against all or most of the members of the Territorial Military Courts.

3. Of the remedies against the decisions given by the Central Togolese Judges.

4. Appeals against judgments handed down by the Central Togolese Judges in proceedings for common misconduct.

5. Of appeals in matters of jurisdictional conflicts that admit its regulatory law against resolutions in the first instance of the Territorial Military Courts.

6. Of the questions of competence raised among Territorial Military Courts, between Military Courts belonging to different territory or between those and these.

7. Of the judicial remedies in military disciplinary matters that come against the sanctions imposed or reformed by the Chief of the Defense Staff, Chiefs of Staff of each Army, Deputy Secretary of Defense, Director General of the Civil Guard and General Officers.

Article 35

The Governing Board of the Central Military Tribunal shall have the powers of the government of the Court itself and of the lower military judicial bodies, the military judicial disciplinary authority and shall exercise the inspection of the Territorial Military Courts and the Courts, as well as the other functions that this Law or the Military Procedure entrust to you, all without prejudice to the powers that this Law attributes to the General Council of the Judiciary.

Article 36

The Central Military Tribunal will be composed of.

1. An Auditor President, who shall be Counsellor or Minister-Togolese.

2. Four Vocal, General Auditors.

3. The Military Vowels, Brigadier Generals or Contralmirantes, who are designated in the form set out in Article 39, and who must belong to the Arms in the Army of the Earth, the General Corps or the Marine Corps, in the Navy and to the Aviation Weapon in the Air Force, without prejudice to the provisions of Article 39.4.

Article 37

The Chief Auditor of the Central Military Tribunal shall be appointed by Royal Decree endorsed by the Minister of Defense.

The members of the Central Military Tribunal shall be appointed by Royal Decree endorsed by the Minister of Defense, on a proposal from the Government Chamber of the Central Military Tribunal between Generals Auditors and Coronels. Auditors, these with aptitude for promotion.

The appointment of a Colonel Auditor for Togolese Vocal will determine his promotion.

Article 38

In cases where the President Auditor cannot act for legal reason, he will replace the older Togolese Vocal.

When it is necessary to replace some Togolese Vocal, it will be made in the shift of the Presidents of the Territorial Military Courts for the longest-serving time.

Article 39

The designation of Military Vocals shall be made in accordance with the following rules:

1. At the beginning of each judicial year, a list will be drawn up by the Army, the General Brigade, and the Contralmirantes in the Central Organ of Defense and the General Staff of the Army. These lists will be published in the "Official State Gazette" and the Ministry of Defense. The lists will not be modified during the judicial year

2. In advance sufficient to the date of the hearing for oral judgment, in the presence of the Auditor President, by giving faith to the Secretary Rapporteur and with the summons of the parties that have to intervene in the performances to celebrate, the names of the list of the corresponding Army and four or two names shall be extracted, depending on whether the Chamber is to constitute five or three members. Half of the extracted, by the order of extraction, will be part of the Tribunal, as Titular Military Vowels, and the other half, by the same order, will be alternates. If, at the time of the procedure, some of the sorteados were not incompatible, were not already assigned to the said organs, had been promoted, varied from military situation or could not be assisted for justified reasons, extract another name from the same list.

In the case that the view of a procedure is extended by more than one hearing, they will be part of the Tribunal, in all of them, the Vocals extracted for the first.

3. The insaculation will be carried out among the members of the Army's list to which the defendant belongs, and, being several and of different Armies, from the list of the Army to which the most characterized belongs. If none of the accused were military or, if not, they did not belong to a given Army, a Vocal of each list will be extracted, keeping a turn, so that the designations will fall on a Military Vocal of each Army. If the circumstance referred to in the last paragraph of the preceding paragraph is present, the same list shall be redrawn.

4. If the accused or indicted all belong to the Civil Guard, the Military Vocals will be General of the Civil Guard Brigade, which will be drawn in the time and form that signals the previous numbers of all the General of the Civil Guard. employment in a situation of full activity.

Article 40

The presentation will correspond to the President Auditor or a Togolese Vocal, depending on the turn that is established.

Article 41

The Court of Justice of the Central Military Court shall be constituted as follows:

1. For its Auditor President, two Togned Vocals and two Military Vocals, when it comes to holding oral judgment and sentencing in the assumptions of Article 34, numbers 1 and 7.

2. For its Auditor President, a Togolese Vocal and a Military Vocal, for sentencing in the case of Article 34 number 4.

3. For his Auditor President and two Togolese Vocals, to learn about the rest of the issues of his competence.

Article 42

The Governing Chamber of the Central Military Tribunal shall be composed of the President and the whole of its Togolese Vocals, without the replacement of the latter.

Article 43

The President, by reasoned resolution, may arrange for the views to be held anywhere in the national territory.

CHAPTER III

From the Territorial Military Courts

Article 44

By law the territorial division of Spain's military jurisdiction will be determined.

In the same law, the headquarters of the Territorial Military Courts will be determined, one of which will have to be established in Madrid.

Article 45

The Territorial Military Tribunal will know:

1. Of the procedures for the offence of the jurisdiction of the military jurisdiction committed in its territory and not reserved to the Military Chamber of the Supreme Court or the Central Military Tribunal.

2. Of the incidents of recusal of one or two members of the Tribunal and the Military Togolese Judges of its territory.

3. Of the resources that come against the resolutions handed down by the Military Togolese Judges of their territory.

4. Of appeals against the judgments of the Togolese Judges of their territory, in proceedings for a common lack of jurisdiction of the military jurisdiction.

5. Of the questions of competence among the Togolese Judges of their territory.

6. Of the jurisdictional resources that come, in military disciplinary matters, by sanctions imposed by the military commanders and which are not of the jurisdiction of the Military Chamber of the Supreme Court or of the Central Military Tribunal.

Article 46

The Territorial Military Tribunal will be composed of:

1. An Auditor President, Colonel Auditor.

2. Four Vocal Vowels, one with the employment of Lieutenant Colonel Auditor and the other Audit Commanders.

3. The Military Vowels, Commanders or Captains of Corbeta, which are designated in the manner determined by Article 49 and which shall meet the following conditions:

a) Being in a situation of full activity.

b) Belong to the Arms, in the Army of the Earth; to the General and Marine Corps, in the Navy; to the Air Force in the Air Force. This is without prejudice to the provisions of Article 49.4.

When a Territorial Military Court has more than one Section, the Auditor President of the Court shall also be the First Section.

Article 47

The President and the Togned Vocals shall be appointed by the Minister of Defense, on a proposal from the Governing Board of the Central Military Tribunal, in terms to be determined in a regulated manner.

Article 48

In cases where the President's Auditor cannot act, for legal reasons, he will replace him with the highest employment or seniority of the Togolese Vocals. These will be replaced by the same causes by Togolese Vocals of another Territorial Military Tribunal, appointed by the Government Chamber of the Central Military Tribunal.

Article 49

The designation of Military Vocals shall be made in accordance with the following rules:

1. At the beginning of each judicial year, a list shall be drawn up for each Army, Commanders or Captains of Corbetas for the territory of each Territorial Military Court, which shall meet the conditions set out in Article 3 (3). 46. The lists may not be varied during the judicial year.

2. In advance sufficient to the date of the hearing for oral judgment, in the presence of the Auditor President, by giving faith to the Secretary Rapporteur and with the summons of the parties that have to intervene in the performances to celebrate, the names of the list of the corresponding Army, and four or two names shall be extracted, depending on whether the Chamber shall constitute five or three members. Half of the extracted, by the order of extraction, will be part of the Tribunal as the titular Military Vocals, and the other half will be alternates. If, at the time of the procedure, some of the sorteados were not incompatible, were not already assigned to the said organs, had been promoted, varied from military status, or could not attend for justified reasons, extract another name from the same list.

In the case that the view of a procedure is prologue by more than one hearing, the Tribunal shall be part of the Tribunal in all of them the Vocals extracted for the first.

3. The insaculation will be carried out among the members of the Army's list to which the defendant belongs, and, being several and of different Armies, from the list of the Army to which the most characterized belongs. If none of the accused were military or, if not, they did not belong to a given Army, a Vocal of each list will be extracted, keeping a turn, so that the designations will fall on a Military Vocal of each Army. If the circumstance referred to in the last paragraph of the preceding paragraph is present, the same list shall be redrawn.

4. If the accused or accused belonged to the Civil Guard, the Military Vocals will belong to this Institution, to whose effect they will be drawn in the time and form that is determined in the previous numbers, between the Commanders of the Civil Guard in a situation of full activity which is destined for the territory of the Military Tribunal.

Article 50

The presentation will correspond to the President Auditor or a Togolese Vocal, depending on the turn that is established.

Article 51

Each section of the Territorial Military Tribunal shall be constituted as follows:

1. For its Auditor President or who will replace him, two Togned Vocals and two Military Vocals, when it comes to holding an oral trial and sentencing in the assumptions of Article 45, numbers 1 and 6.

2. For its Auditor President or whoever replaces him, a Togolese Vocal and a Military Vocal, for sentencing in the case of Article 45 number 4.

3. For your Auditor President or who will replace you and two Togolese Vocals to learn about the rest of your competition issues.

Article 52

The President, by reasoned decision, may arrange for the hearings to be held in a different place from the seat of the Court, within the territory.

CHAPTER IV

Of The Military Tried Courts

Section 1. General Provisions

Article 53

It is up to the Military Courts to instruct all judicial procedures whose knowledge falls within the jurisdiction of the military jurisdiction, with the exceptions established in this Law.

Article 54

The Military Tribunals will be performed by members of the Legal Corps of the Armies, of the employment that for each one is indicated by this Law.

His appointment shall be made by the Minister of Defense, on a proposal from the Government Chamber of the Central Military Tribunal, in terms to be determined in a regulated manner.

Article 55

In cases where the Judge-in-Office of the Central Court is unable to act, the Judge-General shall be replaced by the one appointed by the Governing Board of the Central Court. Where there is more than one with the same demarcation, the designation shall fall to another of them; where there is no such designation, the designation of the nearest to the seat of the Military Togolese Judge to be replaced.

Section 2. Of Central Military Tried Courts

Article 56

At the headquarters of the Central Military Tribunal there will be two or more Central Military Courts with competence throughout the national territory.

The longest-tenured Judge in employment will perform the duties of Dean.

Article 57

These are the functions of the Central Military Courts:

1. The instruction of military criminal proceedings with knowledge of the Central Military Tribunal.

2. The instruction and failure of the procedures for common failure to be attributed to the military jurisdiction followed against the persons with jurisdiction before the Central Military Tribunal.

3. The practice of the proceedings which another court entrusts to him.

Article 58

The Central Military Tribunals will be performed by Coroneles Auditors.

Section 3. Of The Territorial Military Courts

Article 59

The plant and demarcation of the Territorial Military Courts will be established by law.

Article 60

At the headquarters of each Territorial Military Court there will be at least one Military Court. Each shall have jurisdiction over all the territory corresponding to the jurisdiction of that jurisdiction, except as provided in the following paragraph.

In those territories in which the numerical importance of the military forces or the volume of procedures so require, other Courts with headquarters in different places or localities may be established and with the demarcation that delimit by law, distributing, in such a case, the territory concerned between them and those referred to in the preceding paragraph.

When in the same venue there are two or more Togolese Judges, the holder most characterized by his employment or seniority in him will perform the duties of Dean.

Article 61

These are the functions of the Territorial Military Courts:

1. The instruction of military criminal proceedings for events occurring in the demarcation of their jurisdiction and whose knowledge corresponds to the respective Territorial Military Tribunal.

2. The instruction and failure of the procedures for common failure to be attributed to the military jurisdiction followed against the persons with jurisdiction before the Territorial Military Tribunal to whose territory they belong.

3. The knowledge of the habeas corpus application in accordance with the provisions of Article 2. of its Regulatory Organic Law.

4. Prison judicial surveillance in relation to military prison establishments and their inmates.

5. The practice of the proceedings which another court entrusts to them.

6. Actions for prevention and extensions of jurisdiction to be determined by military procedural law.

7. The functions entrusted to them by other laws.

Article 62

Territorial Military Courts will be held interchangeably by Teniors Coroneles Auditors, Commanders Auditors or Captains Auditors.

CHAPTER V

Of the military judicial organs that accompany Spanish forces outside the national soil

Article 63

For the performance of the military jurisdictional function in cases 3 and 4 of Article 12, the Spanish Forces, when they leave national soil in compliance with a mission that is expected to be durable, will be accompanied by the organs military judicial officers deemed necessary, in consideration of the number of troops and the foreseeable duration of the stay outside Spain.

To this end, the Minister of Defense or the Authority in whom it delegates, will be interested in the Government Chamber of the Central Military Court the proposal of the number of Military Courts to assist the displaced and the the members of the Legal Bodies of the Armies who may be responsible for the Military Togolese Judge. The resolution will be up to the Minister of Defense.

Article 64

The knowledge of the procedures instructed for the offences committed in the displacements and stays provided for in the previous article shall be the responsibility of the Central Military Tribunal or the Territorial Military Tribunal based in Madrid, according to their respective attributions.

The Court of Justice of the Central Military Tribunal or the Territorial Military Tribunal based in Madrid, respectively, shall propose to the Minister of Defense whether the act of the hearing must be held at its headquarters, with the transfer of the charged or charged, witnesses or other means of proof and remission of the procedure, or at the place of instruction, in consideration of the circumstances of the event and the convenience of exemplarity.

CHAPTER VI

Provisions common to previous chapters

Article 65

The members of the Legal Corps of the Armies, to be appointed as the Magistrates of the Military Chamber of the Supreme Court, Presidents or Vocal Auditors of the Military Courts and Military Elected Judges, they must be in a military position of full activity, whatever the name is legally or regulated.

Article 66

The Presidents and Vocal Auditors of the Military Courts, as well as the Military Togolese Judges, will only cease in their destinations or posts for the following reasons:

1. By granting another destination on their own request, provided they have served the time they occupy during the time to be determined regulatively.

2. On the rise, if under this Law, the judicial fate they occupy does not correspond to the new employment.

3. To reach the age indicated to cease in the situation of full activity, pass on to the situation of injured or ill or any other situation requested voluntarily and granted.

4. Low in the Armed Forces, requested voluntarily and granted, provided that no other military situation is passed.

5. Because of the lack of usefulness, a decrease in physical or mental capacity or a lack of professional competence, according to what is available to the rest of the members of the Armed Forces. In such cases the Governing Chamber of the Central Military Tribunal shall be heard, who shall examine the case.

6. For the imposition of penalty for criminal offence, the imposition of a principal or ancillary penalty of loss of employment, absolute or special disablement, suspension of employment for more than six months or suspension of public office and right to stand as a candidate for more than six months. The Courts that dictate these sentences will send testimony to the General Council of the Judiciary, once they have gained firmness.

7. For the imposition of the sanctions of loss of destination, suspension of more than six months or separation of the service imposed in judicial disciplinary way.

8. For the imposition of the penalties of loss of destination, suspension of employment for more than six months or separation of the service according to the Organic Law of Disciplinary Regime of the Armed Forces, provided that the requirements have been met point out Articles 122 and 123 of this Law.

9. By application of the provisions of the last paragraph of Article 120.

Article 67

The Presidents and Elected Auditors of the Military Courts, as well as the Togolese Judges, will only be provisionally suspended in their destinations or posts for the following reasons:

1. Where there has been a claim to have taken place against them for offences committed in the performance of their duties.

2. When for any criminal offence they have been issued against them for imprisonment, for bail or for prosecution.

3. Where the suspension in judicial disciplinary proceedings or an incapacity outside the cases of Article 66.7 is decreed.

4. When the suspension of work is decreed under the Armed Forces ' Organic Law on Disciplinary Regime, while the file is being instructed, with the favorable report of the Central Military Court's Governing Hall or when it is impose the suspension of employment for up to six months.

5. For a strong conviction that the time of conviction is punishable by imprisonment for the time of conviction.

Article 68

The components of the Military Courts and Military Togolese Judges, in the performance of their duties, shall have the character of the Authority and the treatment that their employment corresponds to them, never inferior to the status of the person. The Auditors Presidents of the Territorial Military Courts, the one of the most illustrious.

Collegiate military judicial organs will have impersonal treatment.

Article 69

The President of the Central Military Tribunal shall monitor the operation of his or her own Tribunal and of the Central Military Courts.

The same powers will be held by the Auditor President of the Territorial Military Tribunal on its Tribunal and the Military Courts of its territory.

Military Togolese Judges will monitor the operation of their own Courts.

Item 70

The geographical scope where the Military Courts exercise their functions will be called territory. The same scope of the Military Courts will be called demarcation.

Each Territorial Military Court shall be designated by an ordinal number. The Territorial Military Courts, with a cardinal number of two figures, the first of which will correspond to that of the Territorial Military Tribunal to which it belongs. The Central Courts by cardinal number of a figure.

Article 71

The knowledge of the crimes of jurisdiction of the military jurisdiction committed outside the national soil, provided that they are not some of the cases provided for in Articles 63 and 64, will correspond to the Courts Central or to the Territorial Courts based in Madrid, according to their respective attributions.

TITLE III

From Secretaries and Auxiliary Staff

CHAPTER FIRST

General disposition

Article 72

All military judicial bodies shall perform their duties assisted by the relevant Registrar.

The Secretaries of the military judicial bodies exercise, in their field, the judicial public faith.

CHAPTER II

From the Secretariat of the Military Chamber of the Supreme Court

Article 73

The Secretariat of the Military Chamber of the Supreme Court shall be governed by the same rules as the other Secretaries of the Chamber of the High Court. It shall be performed by officials of the Body of Judicial Secretaries of the appropriate category, appointed in accordance with the provisions of that Body.

CHAPTER III

From the Relators ' Secretaries

Article 74

In the Central Military Tribunal and in each of the Military Territorial Courts and Military Courts, there will be at least one Secretary Rapporteur.

Article 75

The role of the Secretary Rapporteur, in the various military judicial bodies, corresponds to the Hearing Officers in possession of the following jobs:

At the Central Military Court, Colonel Auditor or Lieutenant Colonel Auditor, interchangeably.

In the Territorial Military Courts, Commander Auditor or Captain Auditor, interchangeably.

In the Central Military Courts, Commander Auditor or Captain Auditor, interchangeably.

In the Territorial Military Courts, Captain Auditor or Lieutenant Auditor, interchangeably.

The Secretary Rapporteur must have lower employment or less seniority in which the Military Judge of the same military judicial body.

The appointment and termination shall be made by Ministerial Order, on a proposal from the Government Chamber of the Central Military Tribunal, in terms to be determined in a regulated manner.

The Secretaries Relators shall be subject to the provisions of Article 65.

Article 76

In addition to exercising the judicial public faith and assisting the Military Courts and Military Courts, it is up to the Secretaries Relators:

1. Order and promote court proceedings, in accordance with the provisions of the procedural laws.

2. To give an account to the President or to the Military Judge Togado of the presentation or receipt of the written documents and documents concerning each procedure, in the time that they indicate the laws, as well as the course of the procedural and the orders of the would have been taken to dictate resolution.

3. Preserve and safeguard the procedures and documents that are in charge of it, and the goods and objects affected by the court proceedings.

4. Deposit, in the institutions that are legally applicable, the amounts and values, consignations and sureties that they receive in the performance of their duties.

5. Bring books and files that prevent laws and regulations to the current.

6. To hold the direct leadership of the staff of the Office of the Office of the Office of the Rapporteur, without prejudice to the superior management of the Presidents and Judges.

7. Complete military judicial statistics in a manner that is determined to be regulated.

Article 77

Where necessary, on a proposal from the Government Chamber of the Central Military Tribunal, different sections may be set up in the Office of the Rapporteur, by ministerial order, at the head of each of them, Member of the Legal Bodies of the Armies of the Jobs referred to in Article 75.

Article 78

In the cases of the previous article, and when in the same military judicial organ, without having been assigned to different sections, there was more than one Secretary Rapporteur, the Head of the Secretariat and the functions of Secretary of the Chamber of Government, where appropriate, shall correspond to the highest employment or seniority in him.

Article 79

The Relators Secretaries will be replaced with the following rules:

First.-When in the same Military Court or Military Court there are more than one, the replacement will be taken when necessary.

Second. -When there is no more than the incumbent Secretary Rapporteur, the replacement shall be carried out by judicial assistance of the Relatary Secretariat of the same entity and geographically closer.

Third.-When this substitution is not possible, the Military Tribunal or the Military Togolese Judge who will need it will bring it to the attention of the higher military judicial body, so that it will adopt the urgent measures that will put an end to the the situation as long as the final decisions are made. Among the urgent measures to be taken, the Office of the Central Military Tribunal may be appointed to carry out the function of any Head or Officer of the Legal Bodies of the Employment Armies, for the Legal Counsel of a Military Command located in or near the square or seat of the Tribunal, or close to him, communicating it to the Military Command to whose orders the designated person is assigned.

Article 80

In the case provided for in Article 63, it shall be carried out in the same way, in respect of the Secretaries.

CHAPTER IV

From Auxiliary Staff

Article 81

In all military judicial bodies there will be the necessary auxiliary staff of staff who, under the direction of the corresponding Secretary, will carry out the work entrusted to him in connection with the dispatch and processing. of the procedures to be followed.

Article 82

In the Military Chamber of the Supreme Court, this staff will belong to the same Bodies as those who serve in the other chambers of the High Court, with their regime, functions and dependencies being the same as those of the Supreme Court. those of those Chambers.

Article 83

In the Military Courts and Military Courts, the Secretary Rapporteur will distribute the work of the Secretariat and will give the necessary instructions to the auxiliary personnel for the good march of the service, being responsible for his normal development, without prejudice to the direct responsibilities in which the staff may incur their orders.

Article 84

By ministerial order, the way to provide the Military Courts and the Military Tribunals of the necessary auxiliary personnel, as well as the specialties or aptitudes required for the performance of the military, will be determined. functions that correspond to such personnel.

Article 85

Military Police will act in aid of the organs and prosecutors of military jurisdiction when required to do so.

CHAPTER V

From the Judicial Police

Article 86

In the terms provided for in the law, the Judicial Police will exercise its functions of investigation of the crimes and discovery and arrest of the offender with respect to the military judicial bodies and the legal prosecutors. military.

TITLE IV

From the Military Legal Prosecutor's Office

CHAPTER FIRST

General provisions

Item 87

The Military Legal Prosecutor's Office, dependent on the Attorney General of the State, with the organization established in this title, is part of the Prosecutor's Office.

Article 88

In the field of military jurisdiction, the mission of promoting justice is the responsibility of the Military Legal Prosecutor's Office, which will act in defense of the legality and the rights and interests protected by the law, of its own motion or at the request of the parties concerned, without prejudice to the provisions of Title VI, and shall ensure the independence of military judicial bodies.

Article 89

In order to carry out the tasks set out in the previous article, the Military Legal Prosecutor's Office shall perform the duties and carry out the activities attributed to the Prosecutor's Office in its Organic Statute, subject to the following conditions: in any case, to the principles of legality and impartiality and observance of the unit of action and hierarchical dependence.

Article 90

The members of the Military Legal Prosecutor's Office will belong to the Armed Forces of the Armed Forces, and must be in a position of full activity. In the performance of their duties they shall have the character of authority, and the treatment which their military use corresponds to them, never inferior to the sensoria; the Chief Prosecutors of the Territorial Fiscalis shall have that of an illusory sense.

Article 91

The Minister of Defense may be interested in the Attorney General of the State, who will promote the relevant actions in order to defend the public interest in the military field before the Military Chamber of the Supreme Court. carry out according to the provisions of the Organic Statute of the Prosecutor's Office, through the Minister of Justice.

Article 92

The Minister of Defense will be able to give orders and instructions to the Attorney General, referring to the actions to be taken for the best application of the laws before the Military Courts and Courts, as well as in defense of the public interest in the military field.

Also, where there is no legitimate impediment to this, you may obtain information from the Togolese Attorney on the matters in which the Prosecutor is involved.

CHAPTER II

From the organs of the Military Legal Prosecutor's Office

Section 1. General Disposition

Article 93

They are organs of the Military Legal Prosecutor's Office:

1. The Attorney-General's Office.

2. The Office of the Prosecutor of the Central Military Tribunal.

3. The Fiscalas of the Territorial Military Courts.

Section 2. Of the Procuratorate Togolese

Article 94

The Togolese Prosecutor is the Chief Prosecutor of the Military Chamber of the Supreme Court and exercises the same powers to the Chief Prosecutor as the Chief Prosecutors of the remaining Chambers of the High Court in his own.

Article 95

By delegation of the Attorney General of the State, it is also up to the Togolese Prosecutor:

1. To provide to the members of the Military Legal Prosecutor's Office concrete orders and instructions on the application and interpretation of the laws, in general or relating to a given fact, either on their own initiative, or following the instructions or indications that the Attorney General of the State has to do so.

2. Defend the jurisdiction of military jurisdiction in jurisdictional conflicts.

3. Report to the Minister of Defense on the appointments of the Prosecutor of the Central Military Tribunal and the Chief Prosecutors of the Territorial Military Courts, among members of the Armed Forces of the Armies that meet the conditions regulations.

4. Exercise the inspection of Military Legal Fiscalis.

5. Exercise disciplinary authority in accordance with the provisions of this Law.

6. Draft at the beginning of each judicial year, a general report setting out how much it considers relevant in relation to military jurisdiction during the previous year and indicating the issues that have been raised and the reforms that may be introduction. This report will be submitted to the State Attorney General and later to the Minister of Defense.

7. Form annually the general statistics of the procedures followed in the military jurisdiction for what will be related to the Secretariats of the military judicial organs.

These powers may be endorsed at any time by the Attorney General of the State.

Article 96

The Togolese Prosecutor will be a Togolese Minister or Minister and his appointment and dismissal will be carried out by Royal Decree endorsed by the Minister of Defense, prior to the report of the State Attorney General.

Article 97

The Togolese Prosecutor will be assisted, at least, by a General Auditor and a Supreme Court Prosecutor who will be entrusted with the functions he deems relevant.

The Auditor General will be appointed and terminated by Royal Decree endorsed by the Minister of Defense, prior to the report of the Attorney General of the State. The Prosecutor of the Supreme Court shall follow the same regime as the other Prosecutors of the High Court, for his appointment, termination and personal status.

Section 3. of the other organs of the Military Legal Prosecutor's Office

Article 98

The Prosecutor of the Central Military Tribunal, by itself or by his subordinates, shall exercise the functions of the Military Legal Prosecutor's Office before that Tribunal and before the Central Military Courts.

The Prosecutor of the Central Military Tribunal will be a General Auditor and his appointment and termination will be made by Royal Decree endorsed by the Minister of Defense.

Article 99

The Prosecutors of the Territorial Military Courts, by themselves or by their subordinates, will exercise the functions of the Military Legal Prosecutor's Office before the Territorial Military Courts for which they have been appointed and before the courts. Military Togolos of their territory.

The Prosecutors of the Territorial Military Courts shall be Coronel Auditors or the Tenants Coronel Auditors, appointed and terminated by Ministerial Order.

Article 100

In the cases of Article 63 and if necessary to intervene in the procedure in its instructional phase, the Prosecutor of the Central Military Tribunal or the Prosecutor of the Territorial Military Tribunal based in Madrid, according to their respective privileges, shall appoint one of its subordinates, subject to the authorization of the Minister of Defence.

Section 4. First Common Disposition to previous sections

Item 101

The organs of the Military Legal Prosecutor's Office shall be endowed with the members of the Legal Corps of the Armed Forces, who are required to carry out their duties and perform their duties, whose appointment and termination shall be made by Order. ministerial.

Each organ of the Military Legal Prosecutor's Office shall also be provided with the necessary administrative and auxiliary personnel.

TITLE V

Of the defense, of the particular indictment and of the civil action

CHAPTER FIRST

From the defense

Article 102

Everyone has the right to defense before military jurisdiction.

Article 103

In the exercise of this right, at any time, you may appoint a defender among the Lawyers who meet the conditions required by the laws or request that they be appointed by the corresponding College in turn. If they have not already done so, in the procedure laid down in the procedural laws, the defendants shall be required to appoint a lawyer or to request appointment on their own office, and shall be included in the procedure. After the period determined by the Military Processing Law without making any appointment, he shall be interested in the corresponding Bar, the designation of Letrado of the office of office in order to defend the defendant.

Article 104

The defendant in law will be able to defend himself.

Article 105

When an accused person before the military jurisdiction has appointed a defender or requested his appointment in turn of office, twice in the same procedure, together with both cases, and the latter will cease, he will be interested in the appointment of a lawyer for the office of the corresponding Bar, provided that the abuse of law is observed, stating the circumstances that motivate him. The appointed lawyer may not be rejected by the defendant, nor shall he desist from his defence function.

Article 106

1. All defenders, in their actions before the military jurisdiction, shall be free and independent, subject to the principle of good faith, shall enjoy the rights inherent in the dignity of their function and shall be protected by that in their freedom of expression and defense.

2. The defenders must keep secret of all the facts or news that they know for any of the modalities of their performance, not being able to be obliged to declare on the same.

3. They shall be responsible for criminal, civil and disciplinary action in respect of offences in which they may be involved in the exercise of their duties.

Article 107

In units outside the national soil and on ships sailing, when necessary to instruct or judicial proceedings, the interested party will be informed that, for its defense and until reaching Spanish soil, it can designate any Officer of the force or ship.

If no designation is made, it shall be appointed as a trade name, to the end of which a shift of the officers assigned to the unit or vessel concerned shall be established.

Military Procedural Law will determine exemptions and excuses to act as a military defender.

CHAPTER II

From the particular charge and the civil action

Article 108

If the commission of a crime or lack of jurisdiction of the military jurisdiction will injure property or rights of individuals, the injured will be able to show themselves part in the procedure, to whose end they will be offered of actions, placing on record in cars.

It shall not be possible to exercise, before the military jurisdiction, the particular charge or the civil action, when the injured and the accused are military, if among them there is a hierarchical relationship of subordination, without prejudice to the exercise of the civil action in the ordinary jurisdiction.

Article 109

He who carries out criminal or civil actions before the military jurisdiction, may act in case or represented by the Attorney-General, who is empowered to do so at the place where the actions are followed. In any case it must be directed by Advocate.

Article 110

Lawyers and Attorneys are subject to the exercise of their profession in civil, criminal and disciplinary matters, as appropriate.

TITLE VI

From the special legitimization that in the appeal corresponds to the Superior Military Command

Article 111

In defense of the discipline and other essential interests of the Military Institution, the Superior Military Command that is designated by Royal Decree will be entitled to bring an appeal against the judgments and orders. A definitive or free withdrawal that will fall on proceedings for crimes known to the Central Military Tribunal, the Territorial Military Courts, and, where appropriate, the Military Togolese Judges, if the defendant is hierarchically charged. subordinate or the fact has been committed within the territory of his command and the defendant belongs to the same Army.

Article 112

If, in the proceedings, persons of different Army are charged or there are a plurality of places where the crime has been committed, they shall be entitled to bring the appeal all the Military Mandate. Superiors in which the conditions of the previous article are given.

In any case, it will have the same faculty, without special designation, as the Military Authority that the Government points out in the assumption of a state of the art declaration.

Article 113

The Senior Military Command referred to in Article 111 shall be assigned or assigned to its orders a Legal Counsel belonging to the Legal Corps of the Armies, without prejudice to other functions which it carries out, shall be in charge, by itself or by its subordinates, of preparing, drafting, articulating, bringing and defending in all its stages the appeal, by standing in cars on behalf of the Military Command Superior to whose orders it acts.

Article 114

For the effectiveness of what is available in this title, military judicial organs that dictate decisions or orders of permanent or free withdrawal shall communicate to the highest military commanders the fastest possible means. which are expressed in Article 111, the comprehensive resolutions they have adopted and the particular votes, if any, by giving faith in cars by the Registrar Rapporteur of the Court or Tribunal with an expression of the date, time and means employed.

TITLE VII

From preventing procedures

Article 115

The General and Official Officers, who are indicated in numbers 2 to 5 of Article 19 of the Organic Law of the Disciplinary Regime of the Armed Forces, and the Heads of Independent Unity, Special Forces, isolated or with military powers over a territory, as soon as they have knowledge of the commission of a crime from the jurisdiction of the military jurisdiction, perpetrated by the person who is subordinate to them or committed to the place or demarcation of their privileges, The competent Military Judge shall be notified as soon as possible by the competent Military Judge and appoint a Officer to his orders, assisted by the Secretary, to initiate the corresponding state. This is without prejudice to the disciplinary powers they may exercise.

Article 116

The state will be limited to the first investigations of the investigation of the crime and of the culprit, arrest of this, if appropriate, assurance of the same, lifting of corpses with assistance of optional, if possible, request of Autopsy if appropriate, assistance to the victims and collection of all effects, instruments or evidence of the offence. As soon as the Military Togado Judge begins to act, the proceedings of prevention will cease, the atado to the said Judge will be delivered

TITLE VIII

From the Status of Persons with Functions in the Administration of Military Justice

Article 117

Those who exercise judicial or fiscal functions, in the field of military jurisdiction, may only be detained on the order of a competent Judge or in case of a flagrant crime. In the latter case, the necessary insurance measures will be taken and the detainee will be immediately handed over to the Judge of Instruction, or to the Military Togolese Judge, if it is a matter of the jurisdiction of the jurisdiction of the military, which will result competent.

In any detention referred to in the preceding paragraph, it shall be given, by the quickest means, to the Auditor President of the Court to which the detainee belongs or to whom the detainee is dependent and whether he is a Prosecutor, to his hierarchical superior.

Article 118

The Military and Military Mandates will refrain from intimated to those who exercise judicial or tax charges in military jurisdiction.

When such Authorities or Mandos require data or statements that may be provided by judicial or tax authorities in military jurisdiction, whether or not they relate to their office or function, they shall request it in writing.

If they cannot be provided, they will be communicated to the Requester Authority or Command, expressing the reasons.

Article 119

Members of the Legal Bodies of the Armies exercising judicial, fiscal or secretarial functions shall be subject, respectively, to the regime of incompatibilities applied to the Judges and Magistrates, Prosecutors and Judicial Secretaries of the ordinary jurisdiction.

Judges, Instructors or Secretaries of disciplinary files not to be judicial, or administrative files, may not be appointed, nor shall they perform any other function other than those conferred by this Law.

Article 120

The military may not exercise judicial, fiscal, or secretarial duties where it usually acts as a lawyer before the military jurisdiction, its spouse or relative within the second degree of consanguinity or affinity.

They may not be bound for the same military judicial organ in the second degree of consanguinity or affinity, nor if the same kinship with prosecutors is given to act on that organ.

A military court may not be assigned to any of the members of the Military Tribunal to whose scope the Military Court or with Prosecutors of the territory of the Tribunal belong.

The Governing Chamber of the Central Military Tribunal shall be competent to resolve the cases that arise, giving the Minister of Defense the right to proceed to the end of the destination.

Article 121

The incompatibilities; exemptions, excuses and recusal for a given matter, will be regulated in the Military Act.

Article 122

The faults included in the Armed Forces ' Organic Law of Disciplinary Regime that, as military personnel and when they do not act in the exercise of their positions, commit the components of Military Courts, Military Togolese Judges, Prosecutors and Secretaries Relators shall be sanctioned in accordance with the aforementioned Law. In the case of penalizing members of Military Courts or Military Togolese Judges with a loss of destination, it will also be necessary for their imposition of the favorable report of the Government Chamber of the Central Military Tribunal.

Article 123

For the imposition of the extraordinary disciplinary sanctions regulated in Title V of the Armed Forces ' Organic Law on Disciplinary Regime, when military expedientates are found to be in charge judicial or prosecutor, must be heard in the file to the Governing Chamber of the Central Court or to the Prosecutor's Office respectively.

Article 124

When it comes to sanctioning the auxiliary staff of judicial or tax organs, the general or common military sanctioning regime, whether military or non-military, will be applied.

TITLE IX

Of the inspection, judicial disciplinary responsibility and corrective power

CHAPTER FIRST

From the Inspection of Courts and Courts

Article 125

The General Council of the Judiciary is responsible for the inspection of all organs of military jurisdiction. In order to carry out the inspection of the Territorial Military Courts and the Tried Courts, when the Council does not do so, the Council shall appoint one of the members of the Governing Board of the Central Military Tribunal, who shall report in writing. the results of the actions.

Article 126

Without prejudice to the provisions of the previous article, the Governing Chamber of the Central Military Tribunal may, on its own initiative, exercise the inspection of the Territorial Military Courts and the Courts. To do so, it shall appoint one of its members or delegate to the Auditor President of a Territorial Military Court, or to a Central Togolese Judge, who, with the result, shall inform the Chamber in writing. The report shall be forwarded to the General Council of the Judiciary.

Article 127

The Minister of Defense, when deemed necessary, may request the Central Military Tribunal's Board of Government to inspect any Togado Court or Territonal Military Tribunal. In this case, the Chamber shall inform the Minister and the General Council of the Judicial Branch of the outcome of the inspection. All this without prejudice to the powers that correspond to the Military-Military Prosecutor's Office.

CHAPTER II

From judicial disciplinary responsibility

Section 1. General Provisions

Article 128

Those who exercise judicial, tax, and secretarial charges will be subject to judicial disciplinary responsibility in the cases and with the guarantees set forth in this chapter.

Article 129

Disciplinary liability may be required only by the competent body, by means of the procedure laid down in this Chapter, already initiated on its own initiative, at the request of the aggrieved, already under a court order above, already on the initiative of the Togolese Prosecutor.

No disciplinary responsibility may be opened in relation to acts which are the subject of criminal proceedings, as long as the case has not been terminated by any dismissal or absolute judgment, and the course of the case is suspended. file, if criminal proceedings are initiated after initiation for the same fact.

In such cases, the limitation periods referred to in the following article shall begin to be computed from the conclusion of the criminal procedure.

In no case will the same criminal procedure be subject to a subsequent disciplinary liability file.

Article 130

The offences committed by the persons referred to in Article 128 in the exercise of their duties may be minor, serious and very serious.

Minor faults will be prescribed at two months; the serious ones, at six months, and the very serious ones, a year from the date of your commission.

Prescribing will be interrupted at the time the disciplinary procedure is initiated.

Article 131

Very serious faults will be considered:

1. Infringement of incompatibilities set out in this Act.

2. The meddling, directing orders or pressures of any kind, in the application or interpretation of the laws that corresponds to any other court.

3. The unjustified and repeated abandonment or delay in the performance of the judicial, fiscal, or the Office of the Rapporteur.

4. Serious and repeated clashes, for reasons attributable to the persons referred to in Article 128, with the Authorities and with the Military Mands of the constituency in which they are responsible.

5. Actions or omissions that generate civil liability.

6. The commission of a serious misconduct when its author has previously been sanctioned by two other graves without the corresponding entries being cancelled.

Article 132

Serious faults will be considered:

1. The lack of respect ostensible to the superiors in the judicial hierarchical order, in their presence, or in writing that they are directed or with publicity.

2. The infringement of the prohibitions or duties set out in this Law.

3. Stop promoting the requirement of disciplinary responsibility to be carried out by their subordinates when they know or should be aware of the serious non-compliance with the same duties as they do.

4. To correct the application or interpretation of the legal order made by the lower judicial bodies, except when they administer justice under the resources that the laws establish.

5. The excess or abuse of authority with respect to the subordinates, members of the Military-Military Prosecutor's Office, Attorneys, Attorneys, and individuals who come to the military judicial organs in any way.

6. Unjustified inattendance at the judgments or views referred to above, where they do not constitute a very serious misconduct.

7. The delay or delay in the dispatch of cases which cannot be described as very serious.

8. The commission of a lack of a slight character having been sanctioned its author previously by two other mild ones, whose annotations would not have been cancelled.

9. The recommendation of any matters known to the Courts and Courts.

10. Failure by the Prosecutors to comply with the specific orders and instructions on the application and interpretation of the laws, in general or in relation to a given fact, which have been given to them by their superiors.

Article 133

They will be considered minor faults:

1. The lack of respect for judicial superiors that do not constitute a serious fault.

2. Disconsideration with equal or lower in the judicial hierarchical order, with members of the Office of the Military, Lawyers and Attorneys, with the Secretaries, Officers, Auxiliary of the court and with the individuals who they go to the same in any concept.

3. The delay in the dispatch of the cases or in their decision when it is not more serious.

4. The unjustified absence for three days or less of the place in which they provide services.

5. Infringements or negligence in the performance of the duties of his or her office established in this Law, where it does not constitute a more serious infringement.

Article 134

The sanctions that may be imposed on the persons referred to in Article 128 by the misconduct committed in the exercise of their positions are:

Warning.

Rebuke.

Fine up to 50,000 pesetas, the amount of which will be updated by the Government every five years.

Target loss.

Suspension of one month to one year.

Separation from the service.

Minor faults will be sanctioned with warning or reprimand; serious ones, with reprimand or fine, and very serious ones, with loss of destination, suspension or separation of service.

The penalties will be prescribed at four months in the case of minor faults; in the year, in cases of serious misconduct, and at two years, in cases of very serious misconduct.

The limitation period shall be computed from the day following the day on which the resolution in which it is imposed becomes final.

Article 135

The sanctions imposed for very serious, once firm, faults will be communicated to the Minister of Defense to order his execution.

Article 136

The disciplinary sanctions will be entered in the personal file of the person concerned, with the expression of the facts imputed.

The organ that the imputsere will take care of the above.

Article 137

The endorsement of the warning sanction will be cancelled for the duration of the six-month period since it became firm, if during that time the sanction has not been given to another disciplinary procedure that ends with the imposition of the sanction.

The entry of the remaining sanctions, with the exception of the separation of the service, may be cancelled, at the request of the person concerned and heard by the Attorney General, at least one, two or four years after the date of the a firm imposition of the sanction, depending on whether it is a minor, serious or very serious fault, and during this time the sanction for a new disciplinary procedure that ends with the imposition of a sanction has not been given.

Cancellation will clear the background for all effects.

Section 2. of the jurisdiction and procedure of penalties in relation to those exercising judicial functions

Article 138

They will be competent for the imposition of sanctions on those who exercise military judicial charges:

1. The Government Chamber of the Central Military Tribunal, the corresponding minor and serious faults.

2. The Disciplinary Commission of the General Council of the Judiciary, for loss of destination and suspension.

3. The plenary session of the General Council of the Judiciary, for the separation of service.

Article 139

The warning sanction shall be imposed without further processing than the hearing of the data subject, subject to a summary of information.

The remaining penalties must be imposed by the procedure set out in the following articles.

Article 140

The disciplinary procedure shall be initiated by agreement of the body which has the power to sanction pursuant to Article 138. A member of the legal bodies of the Armies who carries out military judicial functions of higher employment than the issued person shall be appointed as an Instructor in the act to be initiated by the procedure, unless the designated Instructor is a member of the General to be valid for any expedited. A Secretary shall be appointed on a proposal from the Instructor.

Article 141

In judicial disciplinary proceedings, where the commission's rational evidence of a very serious misconduct appears, the provisional suspension of the issue may be agreed upon. To this end, the Instructor may request it from the Disciplinary Commission of the General Council of the Judicial Branch, subject to the summons of the person against whom the procedure is directed. The proposal will be made through the President of the Central Military Tribunal, and the Attorney-Military Prosecutor's Office and the interested party should be heard.

Article 142

The Instructor will practice how many tests and actions lead to the clarification of the facts and to determine the responsibility, with the intervention of the Military-Military Prosecutor and, where appropriate, the person concerned.

In the light of those, the Instructor will formulate, if necessary, a statement of objections, in which the imputed facts will be exposed. The statement of objections shall be notified to the person concerned so that he can reply within eight days and propose the proof which he requires, the relevance of which shall be qualified by the Instructor.

The Instructor, after hearing from the Military-Military Prosecutor's Office, will make a motion for a resolution, which will be transferred to the person concerned, so that within eight days, he will abide by what is at his right. After the procedure has been completed or has elapsed, and if it is a matter of clarifying very serious errors, the file will be sent to the Government Chamber of the Central Military Court. The action shall be taken to the body which has ordered the proceedings to be initiated for the decision to be taken. Where this body understands a sanction that is not within its competence, it shall raise the procedure, with its proposal, to which it is competent.

The competent bodies may return the case to the Instructor to make a new statement of charges that includes other facts or completes the instruction.

The duration of the sanctioning procedure shall not exceed six months. Where, for exceptional reasons, it is extended for the longer term, the Instructor shall take account of the state of his handling every ten days and of the circumstances which impede his conclusion to the body which he has sent to the proceedings.

The resolution to be passed must be notified to the person concerned, and to the Military-Military Prosecutor's Office, who may bring the judicial remedies referred to in Article 23 (6) against it.

Resolutions imposing penalties for very serious misconduct will only be enforceable when they have won firmness.

Section 3 of Competition and sanctioning procedures in relation to members of the Military Legal Prosecutor's Office

Article 143

They will be competent for imposing penalties:

1. To impose up to that of reproof, the respective Chief Prosecutor.

2. To impose up to the one-month suspension of one year, the Attorney General of the State and, by his delegation, the Attorney General.

3. To impose the separation of service, the Minister of Defense, at the proposal of the State Attorney General.

Article 144

The warning sanction may be imposed, after hearing the person concerned. For the imposition of the remaining, the statement of contradictory file shall be required, with an audience of the data subject.

The opening of the adversarial file shall be the responsibility of the sanctioning authority determined by Article 143.

In the contradictory file, the provisions of Article 142 shall be taken into account as soon as it is applicable to it.

Article 145

The Chief Prosecutor's resolutions will be used in the case of the Attorney General. The latter, where it does not act by delegation, has been ordered before the Attorney General of the State.

The resolutions of the Attorney General of the State or those of the Attorney General, as soon as he acts by delegation of the Attorney General, will be used in a show of appeal to the Minister of Defense.

The resolutions on the appeal of the Togolese Prosecutor and the Attorney General of the State, and those of the Minister of Defense, will be brought before the Military Chamber of the Supreme Court.

Section 4. Competition and sanctioning procedure in relation to members of the Rapporteurships

Article 146

They will be competent to impose sanctions on those who perform Rapporteurships:

1. The President of the Court or Judge Togolese of which they are dependent, for minor faults.

2. The Government Chamber of the Central Military Tribunal, for serious misconduct.

3. The Minister of Defence, for very serious faults.

Article 147

The warning sanction may be imposed after the person concerned has been heard. For the imposition of the remaining ones, the instruction of a contradictory file, with an audience of the interested person and intervention of the Military Law-Military, will be mandatory. This file shall take account of the provisions of Article 142 as soon as it is applicable to it.

The opening of the contradictory file will be the responsibility of the sanctioning authorities.

Article 148

The resolutions of the Presidents of the Military Courts or of the Military Togolese Judges shall be brought before the Government Chamber of the Central Military Tribunal.

The decisions of the Governing Chamber of the Central Military Tribunal shall be enforceable in the case of the Minister of Defense.

The resolutions on the appeal of the Central Military Tribunal and those of the Minister of Defense will be used in a contentious military disciplinary action before the Military Chamber of the Supreme Court.

CHAPTER III

From the disciplinary responsibility of defenders, private accusers, civil actors and prosecutors

Article 149

Disciplinary responsibility will be incurred by the defenders, individual accusers, civil actors and prosecutors who intervene in the military judicial proceedings by the commission of the following facts, provided that they do not constitute a crime:

1. When they fail to comply with the obligations imposed on them by this Law and the Military Process.

2. When in his forensic action he or she will fail orally, in writing or by work, to respect due to the Military Courts and Courts, Prosecutors, other defenders, Secretaries Relators or any person who intervenes or relates to the procedure judicial.

3. When, called to order, the oral allegations are repeatedly disobeyed from the one I chair.

4. When they do not appear before the military judicial body without justified cause, once cited in form.

5. When they maliciously try to delay the procedure.

Article 150

The corrections that may be imposed on the persons referred to in the previous article are:

1. Warning.

2. Fine; the maximum amount of which shall be that provided for in the Criminal Code as a penalty for faults.

The imposition of the correction indicated in the number 2 shall be made on the basis of the seriousness, antecedents and circumstances of the facts committed, after hearing the person concerned.

Article 151

The corrections shall be imposed by the military court or military court before which the proceedings are followed.

They may be imposed on their own cars or in separate proceedings. In any event, the Secretary Rapporteur shall state the fact that the corrective action is motivated, the allegations of the person involved and the agreement to be adopted by the military court or the Military Tribunal.

Article 152

Against the agreement of the military court or military tribunal, imposing the sanction, it will be possible to intervene, within three days, a hearing in justice before the respective judicial bodies, which will resolve it in the next day. Against this agreement or against the imposition of a sanction, in the event that the appeal of hearing in justice had not been used, it shall, within five days, be brought before the Governing Chamber of the Central Military Court.

Against the agreement of the imposition of the correction of the Court of Justice of the Central Military Court only recourse of plea to the same.

Article 153

Where any of the special corrections provided for in the Military Procedural Law are appropriate for these specific cases, it shall apply, as regards the method of imposing it and usable resources, as laid down in the two previous articles.

Article 154

Once the sanction is signed, the professional College shall be notified, for the appropriate purposes, to the fact that, where appropriate, the sanction belongs.

CHAPTER IV

From the corrective authority on those who intervene in proceedings or attend court acts

Article 155

To witnesses, experts, translators or interpreters and other persons involved in the proceedings without belonging to the military court or being a party and to those who attend the hearings or judicial proceedings (a) sanctioning for acts which, without being a criminal offence, constitute an infringement of procedural duties, disturb the order, disobey indications or fail to be considered as a result of the court or of the parties involved in the proceedings.

The sanctions that can be imposed are as follows:

Warning.

Expulsion from the seat of the judicial body or from the place where the judicial hearing or diligence is held.

Fine, the maximum amount of which will be provided in the Criminal Code for faults.

For the imposition of the last two sanctions the prior warning shall be specified, at least once, if the facts are not of particular importance.

Article 156

They have the right to impose the sanctions mentioned in the previous article, within their respective powers, the Military Togolese Judges and the Presidents of the Military Courts.

Only against the penalty of fine goat appeal, of which you will know the Government Chamber of the Central Military Tribunal.

TITLE X

From military jurisdiction in time of war

CHAPTER FIRST

General provisions

Article 157

In time of war, the organs of the military jurisdiction shall perform their duties with observance of the provisions of this Law and of the specialties which, deduced from the war situation, are collected in the following items.

Article 158

The government will be able to provide that, in order to move away from the combat zone, public tranquility in large geographical areas, normal functioning of the institutions, or other circumstances, will not be applicable. The special features of the war time included in this Title, in the performance of the military jurisdiction, in the places, geographical regions or territories that I pointed out.

Article 159

All those who integrate organs or exercise office or destination in military jurisdiction in time of war may be in any military situation.

Article 160

The needs of personnel who arise to deal with a potential increase in Military Courts, or Military Courts and other organs at the service of military jurisdiction, in time of war, may be covered by forced destination to these organs of the members of the Legal Bodies of the Armies in functions other than the judicial or by members of those Bodies in situations other than that of activity.

In the absence of this, you may be entitled to a Bachelor of Law, who will be taken up as an Officer.

Article 161

In time of war, the appointment and termination of all those in charge or destination in the military jurisdiction shall be the free decision of the Government, the Minister of Defense or the Authorities in which they delegate, except in the Military Chamber of the Supreme Court, which will continue to be governed by the provisions of Chapter 1 of Title II of this Law.

CHAPTER II

Of the organs that exercise military jurisdiction in time of war

Article 162

In time of war, the Court of Justice of the Central Military Tribunal and each of the Sections of the Territorial Military Courts, either act in their headquarters, or by agreement of the Government, on the proposal of the Minister of Defense, move to the area of operations, shall be constituted by the Auditor President or whoever replaces him, a Togolese Vocal and a Military Vocal, for the exercise of all the powers referred to in Articles 34 and 45 respectively.

When the penalty referred to in Article 25 of the Military Criminal Code is requested, the judicial body shall be constituted by its Auditor President or whoever replaces it, two Togned Vocals and two Military Vocals.

Military Vowels will be permanent and will be appointed by the Minister of Defense.

Article 163

The Minister of Defense may agree to transfer to the area of operations the number of Military Courts that he considers relevant, whose appointment will be in urgent procedure to the Government Chamber of the Military Tribunal. Central.

Article 164

The transfers provided for in the previous articles have been carried out, the Government Chamber of the Central Military Tribunal will agree to the extensions of jurisdiction necessary to ensure in the national soil the prompt and effective action of the military jurisdiction.

CHAPTER III

Prevention of wartime procedures

Article 165

In time of war, the General Officers or Officers with command of Unit Center, Base, Buque, Aircraft, Forces highlighted, isolated or with military privileges on a territory, may order the opening of procedure judicial, for offences or offences of jurisdiction of the military jurisdiction which are committed in territories, places, units or forces of their command.

To this effect, they may appoint a military judge and secretary among those of their subordinates who meet conditions of suitability for the appointment of the military commanders. The military judge must have a category of officer.

The instruction must be completed, if appropriate, and completed by the Military Togolese Judge who is competent,

CHAPTER IV

From the Military Legal Procuratorate, from the defense, the particular indictment and the civil action in time of war

Article 166

In time of war, the Minister of Defense may agree to the posting of the staff of the Armed Forces of the Armies acting as prosecutors to perform them before the courts in the area of operations. Where necessary, personnel of such bodies may be assigned to such functions in the performance of other activities, and in any military situation, or to be licensed in law.

Of these agreements will be communicated to the Attorney General of the State, through the Attorney General.

Article 167

In time of war, in the actions of the military courts in Spanish territory when the Bar Colleges, or outside the national territory, do not function normally, the accused will be able to appoint a military officer with a category of Officer. If you do not designate it within the time limit to be determined by the Military Act, you will be automatically appointed in the manner in which it is stated.

Article 168

In the time of war, in the field of application of this title, the particular accusation, nor the intervention of the civil actor, shall not be allowed, without prejudice to the possibility of exercising civil action in the jurisdiction of the jurisdiction of the courts. ordinary.

ADDITIONAL PROVISIONS

First.

Within six months of the day following the publication of this Law, the Government, on the proposal of the Minister of Defense or the Minister of Defense, shall, where appropriate, approve the provisions necessary for its implementation.

Second.

In sufficient time for the entry into force of the whole of this Law, the appointment of those who have to integrate the organs that are created, which will be constituted at the entry into force of that Law, will be made.

appointment of the members of the Armed Forces of the Armed Forces that will form the first military, fiscal, and secretarial judicial organs will be appointed by the Defense Minister, without the need for a proposal, except for the the provisions for the designation of the components of the Military Chamber of the Supreme Court of provenance of the aforementioned Legal Bodies of the Armies.

Third.

The Government is empowered to issue the necessary provisions prior to 1 May 1988 in order to assign the functions of the Supreme Council of Military Justice, as Assembly of the Royals and Military Orders of San Fernando and San Hermenegildo and in relation to the pointing of liabilities.

Fourth.

The references to the Legal Bodies of the Armies contained in this Law shall be construed as references to the Military Body resulting from its unification.

Fifth.

Paragraph 1 of Article 39 of the Organic Law 6/1985 of 1 July of the Judiciary will be worded as follows:

" The conflicts of jurisdiction between the Courts or Courts of any jurisdictional order of the ordinary jurisdiction and the military judicial organs, shall be resolved by the Conflict Room of Jurisdiction, composed by the President of the Supreme Court, who will preside, two Magistrates of the Supreme Court of the Court of Justice in conflict and two Magistrates of the Military Chamber, all of whom are appointed by the Plenary of the General Council of Power Judicial. He will act as Secretary of this Chamber of the Supreme Court Government. "

Sixth.

Article 55 of the Organic Law 6/1985, of July 1, of the Judiciary, will be worded as follows:

" The Supreme Court shall be composed of the following Chambers:

First: From the Civil.

Second: Criminal.

Third: From Contentious-Administrative.

Fourth: Social.

Fifth: From the Military, which shall be governed by its specific Iegislation and supplanted by this Law and by common law to the other Chambers of the Supreme Court. "

Seventh.

The final subparagraph of paragraph (b), number 1, of Article 293 of Organic Law 6/1985 of 1 July of the Judiciary shall be worded as follows:

"In the case of organs of military jurisdiction, the jurisdiction shall correspond to the Fifth Military Chamber of the Supreme Court."

Eighth.

Article 159 of the Military Criminal Code will be worded as follows:

" Article 159

The military officer who overcomes the execution of a regulated act of weapons service, will be punished with the penalty of twelve to twenty-five years in prison if he causes death; with the sentence of five to fifteen years of if I cause very serious injuries, and with the penalty of three months and one day to five years in prison if I produce any other type of injury or damage.

If death, injury or damage is caused by professional negligence or recklessness, it will be punishable by three months and one day to six years. In the case of reckless recklessness and the condition of a professional military officer, the sentence will be three months and one day to eight years in prison. "

Ninth.

Articles 60, 67, 73 and 74 of the Armed Forces ' Organic Law on Disciplinary Regime will be written as follows:

" Article 60

The opening of the appropriate government file will also proceed to the professional military officer who would have been convicted by a firm sentence in application of provisions other than the Military Penal Code, for a crime committed with dolo. that the deprivation of liberty is removed or when the sentence is greater than one year in prison, if it has been committed for recklessness.

Article 67

The government file shall be initiated at the request of the authorities included in Articles 20 to 22, on its own initiative, on a proposal from the military authorities or controls which are subordinate to them, or on their own initiative. receive the communication from the Court of Auditors, in accordance with the provisions of Article 60.

Article 73

If the procedure had been initiated by the communication of the Court of Sentencing of the sentence imposed on the issued, the Instructor will transfer the same to the interested person, who within ten days will formulate the allegations and shall propose such evidence as it deems appropriate. The Instructor shall not accept any other evidence than that which seeks to demonstrate the untruth or inexistence of the statement communicated or the lack of firmness thereof. Once the tests are carried out, the person concerned will be given a new hearing so that he can decide on the complete dossier. After the file has been completed, the Instructor will raise it with his report to the Minister of Defense, who will resolve it, after a report by the General Legal Counsel. The period of instruction in the file may not exceed six months.

Article 74

In the case of the previous article, the expedientate will be charged with the sanction of separation of service, if the sentence has been imposed for a crime of rebellion or when the penalty of deprivation of liberty exceeds six years or if he is sentenced to absolute disablement. The separation of the service may also be imposed if it has been convicted of crimes against honesty, theft, theft, fraud, misappropriation, embezzlement or public effects, or when the penalty of deprivation of liberty or Disablement exceeds three years for any other criminal offence. In the event that the separation of service is not imposed, the expedientate shall be punished with the suspension of employment during the time of the sentence. "

TRANSIENT PROVISIONS

First.

The Supreme Council of Military Justice and the military judicial authorities, after hearing the Military Legal Prosecutor, will forward, within thirty days prior to the entry into force of this Law, the judicial organs military personnel who are competent under the new organization, all judicial proceedings under their jurisdiction, whatever their procedural status, including those in execution. If you have a view or a Council, it will be suspended.

To this end, the Military Appointed Judges of Instruction will raise the procedures they are dealing with to the judicial authority.

In the same way, they will act, if any, the ordinary judicial bodies that are aware of procedures that might be of the jurisdiction of the military jurisdiction.

Second.

The appeals and review of the jurisdiction of the military jurisdiction that are pending resolution shall also be remitted, in the same time as that established in the previous transitional provision and any other that is the state of their processing, to the Military Chamber of the Supreme Court.

Third.

The Boards of the Supreme Court and the National Court and the Supreme Council of Military Justice, in the same time as those established in the previous transitional provisions, will refer to the military judicial bodies competent, according to this Law, the military-disciplinary proceedings pending for resolution of which they were aware under the transitional provision of the Organic Law 12/1985, of 27 November, of the Disciplinary Regime of the Armed Forces.

Fourth.

In all cases of the above three provisions, the respective car referral agreements or procedures will be communicated to the interested parties.

Fifth.

During the first six years of this Law, in order to be appointed as President of the Military Chamber of the Supreme Court, the requirement of three years of service as a Magistrate of the Court will not be required. Supreme.

Sixth.

As long as the Legal Bodies, the four Magistrates of the Military Chamber of the Supreme Court from the Armed Forces of the Army, the four Togolese Vocals of the Central Military Tribunal, and the Four Togned Vocals from each section of the Territorial Military Courts will belong to each judicial organ, two to the Army of the Earth, one to the Navy and one to the Army of the Air.

REPEAL PROVISION

Repealed: The First Treaty, concerning the "Organization and attributions of the Military Courts", of the Military Code of Justice, of 17 July 1945; Articles 8. to 14, inclusive, of the Organic Law 9/1980, November 6, as well as how many provisions are opposed to what is established in this Organic Law.

FINAL PROVISIONS

First.

This Law has an organic nature, except Chapter IV of the third and seventh titles, which are of an ordinary law.

Second.

This Organic Law will enter into force on 1 May 1988, with the exception of this second final provision, the first, second, third, eighth and ninth, and all transitional provisions, which will they will be done the day after their publication.

Therefore,

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

Palacio de la Zarzuela, Madrid, to 15 July 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ