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Organic Law 9/1980, Of 6 November, Reforming The Code Of Military Justice.

Original Language Title: Ley Orgánica 9/1980, de 6 de noviembre, de reforma del Código de Justicia Militar.

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TEXT

DON JUAN CARLOS I

KING OF SPAIN

To all who present it, and understand,

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

Article first.

The articles and headings of the chapters of the Military Justice Code which are then expressed will be worded as follows:

" Article 2. °

Military Jurisdiction is exercised, on behalf of the King, by the Courts and Authorities established by this Law.

Article 6. °

For the reason of the crime, the Military Jurisdiction will know of the procedures that are directed against any person:

1. ° For the offences covered by this Code, including those referred to in Article 194, and to which the Special Laws attribute to the Military Jurisdiction.

2. ° For the adulteration of food and all other tasks by contractors and suppliers of any supply for the Armies, perpetrated on occasion of the same in times of war and state of siege.

3. For those who are committed by the civil servants of the Military Administration, the labor personnel or who provide their services in the military centers, offices or establishments, for acts executed on the occasion or occasion of the work or service they provide, the use or use of the material delivered to them or the employment or employment relationships with their superiors, colleagues and subordinates, provided that they affect the good regime and service of the Armed Forces.

4. For the fire of military buildings, damage, theft, theft and reception of weapons, ammunition and war material from the Armed Forces.

5. ° For theft, theft and damage to ship, aircraft or material caught by the enemy, caught, found at sea or convoys by ships or warplanes.

6. " For those of piracy, whatever the country may belong to, when the boarding, pursuit or boarding of a vessel has occurred, making it fire with weapons of war.

7. ° For those who are committed in disobedience to orders for the security or police of maritime navigation or flight, and which have been adopted by the military authority, of a port, vessels, aerodrome, airport or aircraft of war.

8. ° For the facts that are defined or punished especially as military crimes in the Bandos that the Military Authorities or Chiefs dictate, according to their faculty, declared to have been the state of siege.

Article 7. °

Military Jurisdiction knows the following faults:

1. ° Of those included in this Code.

2. Common committed by the military. The Judicial Authority shall be inhibited in favor of the Ordinary when they do not affect the good regime of the Armies or the decorum of their classes.

3. Of those committed by the defenders, experts, witnesses and other auxiliaries, on the occasion of their intervention in Military Justice, and by how many people they attend to the views on the occasion of their attendance.

4. Of those included, in the Bandos that are dictated by the Military Authorities and Chiefs according to the Laws; stated that it has been the state of site.

5. ° Of the facts set out in Article 6 (4) °, when they review only the lack of consideration.

Article 9. °

For the reason of the place, the Military Jurisdiction is competent to know of the procedures to be followed against any person for the crimes and faults that, without being included in Article 16 of this Code, are committed:

1. ° In barracks, camps, places of concentration or maneuvers, Spanish vessels or aircraft of war, arsenals, maestrances, naval or air bases and centers or dependencies of the Military Administration, provided they affect to the good regime, the service or the security of the Armed Forces.

2. ° In the waters of the sea, navigable rivers, national or foreign merchant vessels that are located in ports, radas, bays or at any other point in the sea area, only when the acts perpetrated against Spanish sovereignty, military security or international commitments made by Spain for the navigation of naval units of war.

3. ° In the airspace subject to Spanish sovereignty, in Spanish State or private aircraft and foreign merchants when they are in flight over that space or stationed in Spanish fields or waters, and in the installations, whatever the place in which they are erected, of control, aid or aid to navigation exclusively when the facts carried out attack the Spanish sovereignty, military security or cause injury to the traffic or rules air from Spanish military aircraft or from military international commitments fly over Spanish territory.

In the case of the three preceding paragraphs, the respective Judicial Authority shall be inhibited in favour of the Ordinary as soon as the proceedings are brought to the effect that the interests and services which have not been affected have not been affected. in the same are detailed.

Notwithstanding the provisions of paragraphs 1, 2, 4, 4, 4, 3, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, On board a foreign crew member, the culprits shall be made available to the diplomatic or consular agents of the country whose flag the vessel or aircraft carries on which the offence has been committed, if such agents are Spain has officially claimed and has not yet been called upon in international treaties signed by Spain.

4. ° In places or places besieged or blocked, provided they affect the military security of the same or damage to their best defense.

5. In a territory declared in a state of siege, if the alleged perpetrators are not yet military in nature, they are subjected to the military jurisdiction by the provisions declaring it or by the parties. to dictate the Military Authorities or Chiefs in use of the powers granted to them by law.

Article 13.

For the reason of the person responsible and within the limits of the provisions of Article 16, the Military Jurisdiction is competent to know of the causes that are directed for all kinds of crimes, except for the excepted to favor from other jurisdictions "

1. Against the military on active duty or reservation, whatever their situation or destination.

For the purposes of this Code you will understand in the generic concept of "military" individuals belonging to any of the Corps, Arms, Institutes, Centers or Agencies under the Ministry of Defense. As for civil servants and employees of the Military Administration, the provisions of Article 6 (3) of this Code shall apply.

They will not be included in such a concept, when they are countries, the Minister of Defense and other senior officials of this Department.

Military personnel will also be considered as military personnel who, at the government's disposal, are mobilized or militarized with any effective or honorable military assimilation or consideration as long as they are in such a situation. (b) they shall not be charged or payable by the Ministry of Defence.

Add-on Officers and Subofficers and aspirants to both jobs, whatever their provenance, will be considered military during the time they are serving or incorporated into service.

The students of the Academies of the Earth, Sea and Air Armies will be considered military, for these purposes, from the date of entry and during their stay in the same, and will only be judged according to this Code when the event cannot be punished as an infringement of the school discipline according to the Regulations, unless they have their own military status.

Individuals of the Militarily Organized Bodies will have, for the purposes of competition, the consideration given to them by the organic laws of those or other special laws, and, failing that, they will be deemed military when provide services that rely on the Armies of Earth, Sea and Air.

In the concept of Officers, the General Officers, Chiefs, Officers and assimilated of the same jobs of the three Armies shall be understood to be understood for the purposes of this Code.

2. Against prisoners of war, who shall be recognized as the official category in the country to which they belong for the designation of the Tribunal, which, if any, may be judged by them.

3. Against the people who are in the campaign to follow the Armed Forces.

4. ° Against any person who has been declared a state of siege by law or military camp, subject to Military Jurisdiction.

Article 16.

The military and other persons listed in Articles 13 and 14 shall be subject to the Courts of the Ordinary Jurisdiction and, where appropriate, of the competent civil authorities in the procedures to be followed in the cases in which they are following:

1. Crimes that have a common nature, committed by the military, when the facts will not affect the good regime and service of the Armed Forces. Likewise, those who commit themselves in the exercise of their own employment or civil office or at the time of their duties.

2. ° Attend and contempt for non-military authorities.

3. The counterfeiting of currency and banknotes of the Bank and the introduction, issuance and circulation of them.

4. Falsification of signatures, stamps, marks, timbrated effects of the State, identity documents, passports, laissez-passer, trades, telegraphic and radiating offices and public or official documents other than those used or issued by the Heads, Authorities or Military Dependencies.

5. Study, abortion and family abandonment.

6. " No injury and slander that do not constitute a military offence.

7. Infractions of laws of Customs, supplies, transport, hunting, fishing, contributions and arbitrations or public income, as well as for tax crimes, monetary crimes, except in the case that the offence is punishable in this Code or specially attributed to Military Jurisdiction.

8. The tasks by printing or other means of social communication that do not constitute a military offence or a serious fault of those that are punishable in this Code.

9. The common crimes committed during desertion, unless the Military Jurisdiction is competent for any other reason.

10. The crimes committed before the culprit belonged or served in the Armed Forces with the same exception as in the previous paragraph.

11. All infringements which are not included in Article 6 are expressly reserved by the laws to the knowledge of the Jurisdiction or Ordinary Courts, whatever the condition of the person who commits it. In any case, it shall be understood that the jurisdiction of the Ordinary Jurisdiction is the responsibility for the knowledge of the common or standardized infractions in this Code, provided that one of the alleged culprits is a military or a countryman and for the reason of the charge that held or of the Authority which exercises its own personal jurisdiction of the Supreme Court, in accordance with the Organic Law of the Judiciary or other special legal rule.

12. Common crimes committed by members of the Civil Guard or the Military Institutes organized as security or public order forces, in cases where the law is governed by the law because they are assigned to the Ordinary Jurisdiction.

13. Where the alleged culprit is found in foreign countries as a member of Spanish military units of occupation, international assistance or an alliance agreed by Spain, the precepts established in the Article 7. ° that produce a result of misconduct, nor those of this article for crimes with a sentence not exceeding that of six years of imprisonment.

Article 21.

When persons subject to a different jurisdiction execute a single act defined as a crime in this Code and in the Criminal Code, or are constitutive of two or more crimes that have to be known to different jurisdictions, the jurisdiction of the Ordinary jurisdiction, except in criminal cases that affect the security of the State or military discipline, in which case the Military Jurisdiction shall have jurisdiction.

Article 48.

Exercise Military Jurisdiction:

1. The Supreme Council of Military Justice.

2. Military Judicial Authorities.

3. The War Councils.

4. ° The Military Judges of Instruction.

Item 52.

It is for the military judicial authorities mentioned in the previous article.

1. Order the opening of judicial proceedings against military personnel of all classes and other persons subject to their jurisdiction when the Authorities or Chiefs have not been sent to the effect.

2. Appoint Judges and Secretaries for the causes or assign the processing of the same to the one who will be competent, confirm or modify the appointments made in which other Authorities or Heads of their jurisdiction have been prevented or ordered, and also designate the defenders in cases where appropriate.

3. Inspect judicial proceedings, and may claim, at any time, those who deem it appropriate to know and are dealt with under their authority.

4. Decretar the nullity of the actions in the cases that correspond and resolve the resources that are brought against the pretrial and remand cars, as well as those in which the embargo is agreed final and other amenable to appeal.

5. Promote and sustain competencies under the Law.

6. Decretar, revoke or confirm the overtures and the reopening of the causes provisionally dismissed whenever merit appears for it.

7. Dispose the meeting of War Councils and make, when required by Law, the appointment of their components.

8. ° Resolver on the incompatibilities, exemptions, excuses and recusal of the calls to intervene in the judicial matters.

9. To approve the sentences or to agree on what is appropriate in the case, of the causes that are then expressed:

(a) Those given in proceedings by the Military Judges of Instruction.

(b) Those in which no capital punishment has been imposed on the inmate, nor the loss of employment or separation of service, as principal, accessory or as the effect of other penalties for crimes judged and condemned by the Military Jurisdiction.

(c) All those who, given by a War Council, have not been the subject of an appeal in military justice in time and form, even if the sentence is punishable by the sentence of the preceding paragraph.

10. Approve the sentences of the War Councils, whatever the penalty imposed, provided that they are crimes of treason, espionage, rebellion, sedition, negligence in act of service, abandonment of the same, cowardice, insult to superior, (a) disobedience, armed abduction, piracy or having been issued in a very high way, but provided that the facts of any of the offences or objects of a very serious procedure have been executed in time of war or in territory declared in a state of siege. The exercise of these prerogatives of approval shall not give rise to any subsequent appeal before the Military Justice.

11. To raise to the Supreme Council the causes whose sentences do not correspond to them to approve or have not obtained their approval, or, in the case of judgments handed down by the War Council, have been brought against them appeal in Justice Military.

12. Forward to the Supreme Council a testimony of the summary prepared by the Judge-Instructor of the Report or Prosecution and of the Defense, Judgment, subsequent writings of the same if any, opinion of the Auditor and subsequent decree on the causes whose rulings they approve, and also testimony to the decrees and opinions in which they are based on the overtures, inhibitions or resolutions they agree to.

13. Resolve the previous procedures, as well as court cases.

14. To carry out the execution of the judgments or final decisions, to approve the licencing of penados and the declarations of rebellion and to intervene in the conditional referrals and conditional liberties according to the laws.

15. Decree the fulfillment of the exhorts.

16. To exercise disciplinary jurisdiction under Title VIII of this Treaty, leaving it in full that it corresponds to the superiority in the matters to be brought to its attention.

17. Apply the legal measures of grace to those convicted by courts dependent on their jurisdiction or to report on requests for pardon to be deducted.

18. Carry out the prison visits in the appropriate time and form.

19. To entrust to its subordinates the commissions and practices of prosecution required by the Administration of Justice.

Article 61.

Independently of the audits and where these residents will act, the Ministry of Military Law, which will promote the action of the Justice Department, will ask for the application of the laws in all the causes that follow in the jurisdiction and shall exercise the other functions assigned to it by this Code.

Article 84.

The Supreme Council of Military Justice will exercise:

1. The high jurisdiction over the Armies of Earth, the Navy and the Air, according to the jurisdiction that is legally assigned to it.

2. The consultative functions that the Laws or Regulations point out to you.

You will have impersonal treatment.

Article 85.

The Council is part of the Ministry of Defense and will be made up of the staff of the Armies who, by bringing together the legally established conditions, will appoint such a Department.

Article 86.

The Council will directly understand the Ministers of Defense and Justice, the State Attorney General and Chief Justice of the Supreme Court in matters concerning them and will be common to the Military Jurisdiction of the three The provisions of this Law on the organization of such a Council.

Item 87.

The Council consists of a President, ten Military Councillors, six Togolese Councillors and the Togolese Prosecutor.

The President will be Captain General, Lieutenant General or Admiral in activity, in any case.

Military Advisers will belong: six to the Army of Land, two to the Sea and two to the Air, with category, at least, of General of Division or Vice-Admiral.

Directors will be: three of the Military Legal Corps, one of the Armed Forces of the Armed Forces, one of the Legal Air Corps, and one more in rotation between the latter two legal bodies, all of which are classified as General of Division and in asset situation.

The Prosecutor will be appointed between Directors or Togolese Ministers in activity.

It shall be the Secretary of the Council, a Brigadier General or a Rear Admiral, providing such a charge among those of the three Armies in activity, in accordance with the shift and for the time limit established in the Council Regulation.

Article 89.

With immediate dependence on the Prosecutor, there will be two Appointed Prosecutors, who will be General Auditor of the Military Legal Corps, General Auditor of the Navy or General Auditor of the Legal Air Corps.

Item 101.

Constituted in the Chamber of Justice, knows the Council meeting of the causes that, being of the competence of the Supreme Council, have been formed:

1. " For crimes of treason committed by some military chief to the front of armed forces.

2. ° By facts of arms.

3. ° For the surrender of a square, fortress, aerodrome, military post, state ships or armed force.

You also know the causes instructed:

1. ° For the crimes committed:

-The General Captains of the same Armies, General and Admirals with command, as well as for military or military crimes and commons committed by the other General Officers or assimilated.

-The Presidents, Directors and Prosecutors who are or have been from the Council itself.

-The Chairman of the Joint Chiefs of Staff, the Chief of Staff of the Army of the Earth, Navy or Air Force.

2. ° For the crimes committed during the performance of your charges by the military authorities exercising jurisdiction.

3. For crimes committed by the Presidents and Vocals of the General Officers ' War Councils concerning the exercise of their judicial functions.

Article 107.

In the section that said "The Justice Room will also know in a single instance", the expression "in a single instance" is deleted.

Article 123.

For the charge of the Attorney General, you will be appointed a Counselor or Minister of any of the three Armies and must belong to the Royal and Military Order of San Hermenegildo.

Article 124.

The Prosecutor will be head of the respective Prosecutor's Office; he will enjoy the same considerations, treatment and honors as the Directors and will take a seat, among them when he attends the Plenary Council, occupying the place that, by seniority in the employment, appropriate.

Article 125.

When the Prosecutor attends the hearing of any cause in the United States or the Justice Room, he will take a place on the bench of the right of the Tribunal.

Article 126.

In the cases to be heard in plenary, the Prosecutor will be heard.

Article 127.

1. Corresponds to the Council Prosecutor:

1. Order to apply laws in matters where you are called to intervene.

2. To bring to the attention of the Council the abuses and irregularities which it appreciates and considers that the Council has jurisdiction to remedy, without prejudice to the possibility of being directly addressed to the Government in another case.

3. ° Submit to the Council any motions you deem appropriate.

4. To receive directly from the Government the orders and instructions it deems appropriate for the rigorous application of the Laws, the defense of the interests and rights of the Nation, of the Armies and the powers of the King, those who will give knowledge to the Supreme Council.

5. Formulate the corresponding proposals for the appointment of the tax lieutenants.

6. Fulfill the other duties imposed on you by the Laws.

II. They will also correspond to:

1. Promote the Action of Justice in Military Jurisdiction.

2. ° Hold the integrity of Military Jurisdiction under the law.

3. Monitor Compliance With Laws, Regulations And Ordinances and Provisions on Military Justice.

4. Propose disciplinary corrections in the appropriate cases.

5. To write, at the beginning of each judicial year, a Memory addressed to the Presidency of the Government and the Minister of Defense in which it exposes how much it considers relevant in relation to Military Justice during the previous year and indicate the issues that have been raised and the reforms that may be introduced.

6. Annually the general statistics of the criminal causes concluded by a final judgment and of the overtures and inhibitions that have been agreed upon by the Military Jurisdiction.

7] Without prejudice to the full integrity of the powers that the Military Judicial Authorities are responsible for, the Togolese Prosecutor will also have the powers of directives, inspectors, and disciplinary officers on all the members of the Military. Ministry of Military Law, to whose effect it will direct to each Prosecutor the instructions that it deems suitable for the best performance of its mission, of which it will confer transfer to the respective Judicial Authority to the alone effects of its news, and of which it will also give knowledge to the Council.

III. The Prosecutor, by decision of the Government, to the excitation of the Supreme Council or on his own initiative, may appoint one of the Chief Prosecutors of the Prosecutor's Office or one of the Military Legal Prosecutors of the Armies, as appropriate, to inspect or intervene, exercising the tax functions in any given cause or performance.

The appointment shall take account of the Minister of Defence, the Council and, as the case may be, the Judicial Authority to which it is appropriate to hear the procedure.

Article 136.

The Military Judge Togolled is the one in charge of the formation of the judicial actions:

I. He/she shall be competent to instruct the causes to be followed for offences whose knowledge corresponds to the Military Jurisdiction the Military Judge Togded of Instruction who, on a permanent basis, will be constituted in the head of each constituency In the case of a court or a seat which, because of its importance or the density of the garrison, is deemed necessary by regulating its territorial term.

The Military Judges of Instruction shall also instruct the Court of Justice to pursue faults committed by country and prior procedures when the Judicial Authority so agrees, in accordance with their powers, in the light of the nature and circumstances of the events that are being purged.

II. The Military Courts of Instruction shall be performed by a Captain or Commander Auditor of the respective Legal Body, and exceptionally of the employment of Lieutenant Colonel or Colonel Auditor, appointed in a regulatory and prior manner conformity of the Minister of Defence.

III. The Military Judges of Instruction shall initiate the proceedings of their own motion, at the request of the Military Legal Prosecutor's Office, and on the order of the competent judicial authority and, where appropriate, shall immediately inform the Judicial Authority of who are dependent, within 24 hours of the commencement or receipt of proceedings, without prejudice to the practice of the proceedings or resolutions of recognised urgency.

Article 137.

The Military Authorities or Chiefs who give the order to proceed in accordance with Article 58 of this Code may appoint an eventual Judge to instruct the first proceedings, which shall always be in General, Chief or Officer depend on the Authority or Chief to do so, in accordance with the order of preferences set out in Article 152 of this Code. The Instructor Judge will depend on the Judicial Authority.

Article 140.

Where the appointment of an eventual Judge has not been made by the Judicial Authority, the Authority or Chief who has appointed him shall immediately inform the Authority or the Authority to confirm or arrange for the referral of the actions to the competent Togolese Judge.

Article 141.

When the importance of the cause so requires, the Judicial Authority may designate to instruct the process, at any time, to a Military Togolese Judge or to a Chief or Officer of the Military Legal Body of the dependent on their Authority and who provide their services in Audit.

Article 154.

The detainees or defendants may, in any case, appoint, for the exercise of their right of defence, a lawyer acting within the jurisdiction of the court in which the cause or the cause of the case is to be found and Court of Justice and also officers of the Arms, Corps and Institutes of any of the Armies to be assigned to the same jurisdictional territory, being able to be assisted of both classes of defense for the oral report before the Court in the the case that any of the crimes of the prosecution are military and be pointed out in the tax petition penalty superior to six years of deprivation of liberty.

They may also apply to be appointed as a defender of trade, legal or military, and to enjoy the rights set out in Articles 17.2, 17.3 and 24.2 of the Constitution.

If they do not use the right set out in the preceding paragraph, they shall be appointed as a defence-lawyer among those who are exercising in the corresponding College.

In places or units under siege or blocked, on ships that are sailing loose and in the Armies in the field, when the actions cannot be stopped, a Chief or Officer shall be appointed by the process. If you do not do so, you will be appointed ex officio.

Article 155.

For the designation of a military defender, except for the exception prevented in the last paragraph of the previous article, the following rules shall be observed:

1. Persons who are to be tried by the Supreme Council of Military Justice may elect him from among the Generals, Chiefs and Officers and their assimilated residents in Madrid, or ratify the appointment of the one who has assumed office. Defense before the War Council, whenever it resides on the Peninsula.

2. Those to be judged by the General Officers ' War Council may elect them from among the Generals, Chiefs and Officers and their assimilated persons, residents of the locality in which they follow the cause, or dependents of the Authority. Judicial respective.

3. The ones to be judged by the Council of Ordinary War shall be chosen from among the Heads or Officers and their assimilated residents in the place where the cause is being instructed or the cause is to be lacking.

Article 156.

The licensed person in law can defend himself, if he so agreed to his interest.

Article 157.

If two of the Attorneys successively elected by the defendant refuse to accept the defense or are removed from the defense, they will be provided with their own office, requiring it to manifest if they wish to be appointed Class of Advocate or Military. If you do not use this right in the same act, you will be appointed as a defender of your own office, the legal counsel attached to the corresponding Bar Association.

The position of the Ombudsman, except for reasons of incompatibility, exemption or excuse, is mandatory for military personnel appointed on their own initiative or from among those included in the statutory lists.

Article 104.

They are exempt and will not be able to be named defenders:

1. ° Ministers.

2. ° The State Directors.

3. ° The Councillors and other officials who serve in the Supreme Military Justice.

4. Military Authorities.

5. The Undersecretaries, Secretaries-General, And Directors-General.

6. The Adjutants and Officers to the orders of the Head of State.

7. The Officers of the Military Legal Bodies that have an active destination.

8. ° The officers of the military Clergy.

9. ° Those who have a kinship of consanguinity within the fourth civil degree, or second of affinity, with any of the persons referred to in Article 158, called to intervene in the cause, or those who have performed other order functions the same procedure.

10. The General, Chiefs and Officers in reserve situation who do not have their residence in the place where the cause is instructed.

Article 165.

Can be excused from the charge of Defenders, if they were appointed:

1. The General Captains, when the process does not have the same military hierarchy.

2. ° Deputies and Senators.

3. ° Those with Body or Ship command.

4. The staff of the Auxiliary Corps and the Civil Guard Corps and similar bodies when the processing is not in them, unless the Army is on the campaign trail or in a state of war.

5. ° The Generals, Chiefs and Officers to the Central Offices of the Armies, regarding the causes of the Council of Ordinary War.

6. General, Chiefs and Officers in supernumerary situation or replacement by injured.

7. ° The employees in active commissions of the service and any others in those who are in attendance, who will appreciate the judicial authority hearing the Auditor.

Article 171.

Military authorities exercising jurisdiction may impose the following corrections on a disciplinary basis:

To the Perites, Witnesses and other foreign people to the Army who intervene in the procedure:

Warning.

Warning.

Total or partial deprivation of fees or indemnities.

Fine of 10,000 to 50,000 pesetas.

To the Advocates:

Warning.

Warning.

Fine of 10,000 to 50,000 pesetas.

Suspension in the exercise of law before the Military Courts of its jurisdiction for up to two months.

To the Presidents and Vocals of the War Councils, Judges Instructors, Prosecutors, Individuals of the Military-Military Body who do not perform functions of Auditor, Secretaries of Causes and Military Defenders:

Warning.

Rebuke.

Arrest for up to two months.

Equal corrections may be imposed by the Supreme Council's Togolese Prosecutor to the individuals of the Fiscal Ministry who are subordinate to him.

Article 172.

The corrections that the Supreme Council of Military Justice will be able to impose on a disciplinary course are as follows:

To witnesses, Peritos and other foreign persons to the Army who have intervened in the procedure:

Warning.

Warning.

Total or partial deprivation of fees or indemnities.

Fine of 10,000 to 50,000 pesetas.

To Advocates Advocates:

Warning.

Warning.

Fine of 10,000 to 50,000 pesetas.

Suspension in the exercise of law in the Military Courts for up to six months.

To the Presidents and Vocals of the War Councils, Judges Instructors, Prosecutors, Secretaries of Causes, Military Defenders and Individuals of the Legal-Military Bodies:

Warning.

Rebuke.

Arrest for up to two months.

Authorities exercising military jurisdiction may not be directly corrected for disciplinary action, and the Supreme Council must be limited to informing the government about the faults they have committed and corrections that considers relevant.

Article 185.

They are exempt from criminal liability:

1. °. He who shall be wholly deprived of reason by mental alienation or by any other morbid and unprovoked cause.

When the alienation has committed a fact that the Law will punish as a crime, the Tribunal will decree its internment in one of the hospitals destined for the sick of that class of which it will not be able to leave without previous authorisation of the same Court.

2. ° The youngest of sixteen years.

3. ° The deafomudo of birth, or from childhood that lacked at all instruction and had not acted with discernment.

4. ° The one that works in defense of his person, honor or rights, provided that the following circumstances are present:

First. Illegitimate aggression.

In case of defense of the goods, the attack on the property that constitutes a crime and puts them in serious danger, deterioration or imminent loss will be rejected.

In the case of defense of the dwelling place or its dependencies, the improper entry into that or these during the night or when they radiate in solitary place will be rejected.

Second. Rational need of the means employed to prevent or repel it.

Third. Lack of sufficient provocation by the party that defends itself.

5. The person who works in defense of the person, honor or rights of his or her spouse, their ancestors, descendants or legitimate, natural or adoptive brothers, of their like in the same grades and their consanguineos to the fourth civil, provided that the first and second circumstances prescribed in the preceding number are met, and that in the event of the prior provocation of part of the undertaking the human rights defender has not been involved.

6. ° The one that works in the defense of the person of a stranger, provided that the first and second circumstances prescribed in the number 4. ° and that the defender is not driven by revenge, resentment or other reason illegitimate.

7. ° The one that, driven by a state of need, to avoid a bad own or alien, injures a legal good of another person or infringes a duty, provided that the following requirements are met:

First. That the bad caused is not greater than the one you try to avoid.

Second. That the situation of need has not been intentionally provoked by the subject.

Third. That the needy does not have, by trade or office, an obligation to sacrifice.

8. ° The one who on occasion to execute a lawful act with due diligence causes a wrong by mere accident, without guilt or intention to cause it.

9. The one that works or stops being violated by an irresistible force.

10. The one that works driven by insurmountable fear of a bad or greater evil. In criminal offences and offences corrected in this Code committed by the military, this circumstance shall not be considered.

In the crimes of treason, espionage, rebellion and military sedition, this circumstance will not be appreciated, whatever the condition of the person responsible.

11. He who works in the performance of a duty or in the legitimate exercise of a right, trade or office.

12. He who works by virtue of due obedience. It is considered that there is no due obedience when orders involve the execution of acts that are manifestly contrary to the laws and uses of war or constitute a crime, in particular against the Constitution.

Article 186.

Can be estimated as extenuating circumstances:

1. The ones expressed in the previous article when there is only one of the requirements necessary to exempt liability in the respective cases.

2. The one to have immediately preceded provocation or appropriate threat from the offended.

3. The fact that you have executed the fact in the next vindication of a serious offense, caused to the author of the offense, his spouse, his ancestors, descendants, legitimate, natural or adopted brothers or associates in the same degrees.

4. The one to act for such powerful stimuli that they have naturally produced either outburst or obcecation.

5. The provisions of this Code prior to the commission of the offence were not read to the individuals of the troops or marinery. This attenuating may be estimated only in those offences that are imputable to the personal concerned solely because of their military status.

6. The one of having proceeded by impulse of spontaneous repentance, to repair or diminish the effects of the crime, to give satisfaction to the offended or to confess to the Authorities the infraction before knowing the guilty the opening of the judicial procedure.

7. The one to work for moral, altruistic or patriotic reasons of great importance.

8. Any other circumstance that the Courts deem appropriate in accordance with their prudent arbitration.

Drunkenness will never be mitigating for the military.

Article 187.

May be appreciated as aggravating circumstances:

1. Run the event with alevosia.

There is alevosia when the culprit attacks his or her victim using means, modes or forms in the execution that they tend to directly and especially to assure her without risk to her person, who proceeds from the defense that the offended.

2. Ceter the offense by price, reward, or promise.

3. Run by flood, fire, poison, explosion, vessel stranded or damage caused by purpose on this or aircraft in flight, derailment or by any artifice capable of producing great havoc.

4. Deliberately Increase the damage of the offense causing unnecessary evils in the execution.

5. Obe with known premeditation.

6. Employ Cunning, Fraud or Disguise.

7. Misuse Superiority or employ means that weaken the defense.

8. First worker with breach of trust.

9. Prevalse of the public character that has the culprit.

10. Committing the offence on the occasion of fire, shipwreck or other calamity or disgrace.

11. Run it at night in depopulated or by two or more people.

12. Have been punished the guilty before for a crime to which the law indicates the same or greater penalty or for two or more crimes to which the one points out the greater penalty.

13. Commit the crime instead of sacred, in the seats of the Congress of Deputies and the Senate or where the public authority is exercising its functions.

This circumstance cannot be estimated when it is inherent in the existence of the crime.

14. Execute the act with offense or contempt of respect that for their dignity, age or sex deserved the offended, or in their abode when it has not provoked the event.

15. Be repeat. There is a recidivism when committing the offence is the guilty executed by another person in the same title.

Article 189.

These are circumstances that can mitigate responsibility in a special way:

1. The one to be at least eighteen years of age.

2. The fact is that the fact is that all the requirements for exempting criminal liability in the respective cases referred to in Article 185 are met, provided that most of them exist.

3. The one to have been the subject of immediate abuse of authority or powers in direct relation to the criminal act.

Article 190.

It is a circumstance that can aggravate the responsibility in a special way of being a habitual offender.

It shall be considered as such that he has continuously and repeatedly committed criminal acts and has been condemned by them.

Article 194.

They will be judged subject to the rules of this Code and punished with the penalty that they have indicated in the ordinary criminal, imposed to their maximum degree or with the minimum or average degree of the immediate superior, the crimes committed by military, with the following circumstances expressed and not specifically foreseen in this Law:

1. The murder, murder and injury executed at the service or on the occasion of him or in the barracks, camp, ship, aircraft, fortitude or other any building or establishment of the Armies at the house of the Official or in the that the culprit is lodged, if the victim is the owner or any of his or her family or easement.

2. ° The theft, theft, fraud, misappropriation, threat with quantity requirement or imposing another condition, fire and damage committed in the same circumstances or places and in case of vivandero or supplier of the Armies, if that was the injured person.

3. The violation of a woman abusing the advantage or occasion that the acts of service provide.

4. The embezzlement or effects of the exercises, falsification or infidelity in the custody of the documents of the same, fraud to the State by reason of charge or commission of supplies, contracts, adjustments or liquidation of effects or assets.

The falsification of military documents will be understood as being equivalent to that of public documents.

5. The allegation or false complaint, false testimony, prevarication and co-fact committed in military procedure.

For the application of this article, the degrees of the penalty immediately higher will be formed according to the rules contained in the Common Criminal Code.

Article 197.

Authors of the crimes committed by means of printing, engraving or other means of publication or dissemination shall be deemed to be, first, those that force it from the original or published stamps and those of the manifestations, concepts or ideas spread with your tacit or express consent.

Subsidiary will be responsible for these crimes:

1. The directors of the publication or the broadcaster.

2. ° The editors of the print.

3. The Heads of the establishment in which the document or criminal stamp has been printed, recorded or published by any other means and the operators who, with knowledge of their criminal character, cooperate directly with the publication.

In addition, they are responsible for the crimes committed through the printing press the players or diffusers of the criminal form or publication.

Article 209.

The penalties that the military courts may impose as principal for the crimes under this Law are two classes: military and other common.

The military are, by order of gravity:

Death.

Military seclusion.

Job loss.

Military prison for three years and one day.

Separation from the service.

Military prison for up to three years.

Common penalties are, by order of severity;

Death.

Seclusion.

Prison for three years and one day.

Prison for up to three years.

Disable.

In accordance with Article 15 of the Constitution and in Royal Decree-Law 45/1978 of 21 December, the death penalty may be imposed only in times of war.

Article 218.

The death penalty will lead to military degradation in cases where the law expressly provides for it.

When it is not executed because it has been, pardoned, it will lead to the loss of employment for the Officers and Subofficers and the expulsion, from the ranks of the Army with the loss of all the rights acquired in the have the indicated quality, except for the liabilities that may correspond to them in relation to their years of service.

The same accessories will carry with them the sentences of seclusion whatever their extension.

Article 223.

The penalty of loss of employment will result in the final discharge in the armies, with the deprivation of the grades, salaries, honors and military rights that correspond to the penalty, as well as the inability to obtain them in the future, except for the passive rights that may be payable for your years of service.

The penalty for the separation of service, imposed as principal or as an accessory, will also result in the loss in the respective army, with loss of the rights acquired in the same, except for the liabilities that may correspond to the reason for your years of service.

In both cases, the convicts will be subject to the General Law of the Military Service in what can be applicable to them.

Article 224.

The wives, daughters and mothers of widows, of those sentenced to the penalties of loss, employment and separation of service, while they were imprisoned as a result of the fulfillment of the sentence, without having perfected the condemned the right to be passive, if they do not enjoy means of fortune, they will receive the pensions mentioned in the current legislation on passive rights in the event of the death of the perpetrators.

Article 231.

Common Law penalties imposed on Officers and Sub-Officers will produce the following effects:

Those of major seclusion, minor seclusion, and elder prison: loss of employment.

The major prison, the lesser prison for more than three years, and a minor prison for any extension, strangeness, confinement or absolute and special disablement: the separation of the service.

Those in prison for less than three years and greater arrest, in which the benefit of conditional remission has been granted: suspension of military employment.

The banishment: loss of service time by which the one would last.

The above penalties will produce, in addition to the military effects indicated, those entered for each of them in the common law.

Article 245.

The Military Judicial Authorities are given the power to provide for the reasons why or to apply by the Ministry of the Law to the prisoners sentenced by them in sentences handed down in their judicial district under to the provisions of the common laws, the conditional sentence that leaves the execution of the sentence suspended.

The suspension of conviction for offences under this Code or any other military criminal law may also be applied to those who do not belong to the Armies or are added to them.

The application shall be carried out in the cases and with the requirements laid down in the Criminal Code, but without any other recourse than those authorised in Article 906.

Article 256.

For the purposes of this Code it is considered:

1. What are acts of the service all those that have relation to the duties that imposes on the military its permanence in the Armies of Earth, Sea or Air.

2. The acts of the arms service are all military acts which require the use, use or handling of weapons in their execution, in accordance with the general provisions governing the use of weapons and the special orders issued by them. Bosses in your case.

For criminal purposes, they are also reputed as such weapons services, even though they do not tie in with the military:

(a) The execution of any marine or aircraft manoeuvres or fishing vessels, the known object of which is to prepare or perform any of the services expressed in the preceding paragraph.

b) To transmit, receive, and complete an order relating to the service of weapons.

(c) Any preparatory action to be assembled or to be individually assembled, when the troops or mariners are assembled or called to train or to fill their posts in the service to which they are responsible.

d) How many preliminary or subsequent acts of the same weapons service relate to or affect their execution.

3. That the ground, naval or air forces are in front of the enemy, when he himself is notoriously and constituting an armed force, in the territory, sea or air declared in a state of war or in campaign operations, at a distance that makes the combat possible immediately.

The anti-aircraft forces of the three Armies will also be considered at the front of the enemy while on alert. The naval forces will be, moreover, provided they are carrying out some mission of war.

4. ° To the front of rebels or seditious whenever in the view of the locality, camp, vessel or position in which any group or armed force exists in rebel or seditious attitude even if there is no preceded formal declaration of the state of war.

5. That the units of the Armies of Earth, Sea and Air are in the field when they reside or operate in land, sea or air zones declared in a state of war, even if no armed enemy appears ostensibly, as well as always that, out of precaution or other state reason, the military authorities may order the forces to practice the campaign service.

6. (a) That are military authorities who, by reason of their position or military use, exercise superior command or have jurisdiction or governmental or administrative powers in the place or unit of their destination, even if they operate with dependence on other major military authorities.

(b) In any case, they shall also be those who are part of the Presidents, Directors or Vocals of the Military Justice or Courts of Justice, the Auditors, Judges and Prosecutors in the performance of their duties or for the purposes of their duties, as well as the Coronels or Captains of Navio, Generals or Admirals, Heads of Military Units and Administrative Bodies, in addition to the Minister of Defense, the Vice President of the Government related to the National Defense, if any; the President of the Government and the Head of State in the exercise of constitutional or legal powers inherent in their prerogatives or other military command functions.

c) In time of war or officially envisaged for it, the Heads of Units who operate separately in the space where their military action and the Officers are to be considered as Military Authorities shall also be considered as Military Authorities. outstanding for any service within the locality or area in which they are to be provided, if there is no constituted military authority in them.

(d) They shall also be considered as Authorities, being outside the national territory and their waters or jurisdictional spaces:

1. The Division Commanders, groups of vessels or aircraft, convoys, vessels or aircraft of loose warfare and columns in the waters, space or territory where they reach their military action.

2. Officers of any class outstanding for any service within the waters or places in which they must lend it, provided that there is no constituted military authority and in what concerns the military mission entrusted to them.

Article 258.

You will be punished with the death penalty, subject to degradation if necessary, the Spanish in any of the following numbers:

1. That abandoning their flags to be part of the enemy army.

2. To be lifted up in arms to dismember some part of the national territory.

The individuals of Troop or Marineria, their assimilated and non-military personnel who do not force the heads or promoters of the uprising will suffer the penalty of thirty years of imprisonment to death.

3. To provide the enemy with the entry into the Spanish territory, the taking or destruction of a strong square, military post, port of war, arsenal, air base, airport or aerodrome, ship or aircraft of the State, factory or warehouse of war material or other military establishment.

4. To be delivered to the enemy, for the purpose of favoring him, the square, military establishment, post, ship, aircraft or force to his orders or to his destination, whatever the consequences for the operations of the war will have the done.

5. That in the besieged or blocked square or in campaign operations it exercises serious coercion, promotes some plot or seduced some force to force the one who commands to surrender, to capitulate or to withdraw. The individuals of the class of troops or marineria, their assimilated persons and non-military persons who are not heads or proppers will suffer the penalty of twelve years, and one day to thirty of seclusion.

6. That to favor the enemy, it will hand over the flag, weapons, vehicles, supplies, ammunition and resources or offensive and defensive means of importance.

7. May it directly or indirectly maintain relations with the enemy over the operations of war.

8. May you be seduced by Spanish troops or be at the service of Spain to pass on to the enemy ranks or to throw away your flags in time of war or in campaign operations.

9. May I recruit in Spanish territory or its protectorate people to wage war on the Fatherland under the banner of an enemy power.

10. To arrive or to arrive on national ship the flag of Spain on occasion of combat without order of the boss.

11. To prevent in any way the combat or the aid of national or allied forces.

Article 262.

The Spanish who in time of peace will deliver or communicate to another plane, designs or documents legally qualified as secret, relative to the national defense, whenever there is possibility of harm to the Homeland, will be punished with the sentence of imprisonment. In time of war the death penalty may be applied.

Article 286.

La Nacion] The chief of state, his government, or the fundamental institutions of the nation, whenever they verify him or her, are guilty of the crime of military rebellion against the constitutional order. following circumstances:

1. That they be commanded by the military or that the movement is initiated, sustained or assisted by forces of the Armies.

2. Let them form a militarily organized group consisting of ten or more individuals and armed with weapons of war.

3. ° To form a group in number less than ten if in different territory of the nation there are other groups or forces organized in the form indicated in the previous paragraph, as in any case that are employed in aircraft or warships or combat cars or the assault of a powder keg, artillery park, military arsenal or weapons warehouse, taking over them.

4. Let them harass the forces of the Armies.

5. It shall also be considered as a crime of military rebellion to be declared in special laws or on the sides of the military authorities.

Article 312.

For the purposes of this Code, it will be possible to repudiate the armed forces of individuals who, or at the time of the law and by wearing the regulatory uniform, provide services of the Armed Forces, even if they do so. verify by mandate or in support of the civil, judicial or administrative authority.

Armed force will also be repudiated:

1. The Commander and endowment of a warship in navigation within the Spanish waters and, in addition, on the high seas with respect to the Spanish flag merchant vessels and their crew and passage.

2. The Commander and the endowment of a military aircraft in flight in the airspace of Spanish sovereignty, in addition to in the non-state air spaces with respect to the crew and passage of the private or commercial aircraft of Spanish registration.

3. The members of the bodies and institutions militarily organized, when they are provided with their Organic Laws or other special laws.

Article 314.

The military officer who is against military authorities for the purpose or occasion of the performance of his duties, even if they have ceased to do so, shall be sentenced to death for 30 years if, as a result of the fact, Death or injury that will incapacitate those for the performance of their mission for more than thirty days or require optional assistance for the same time and with the penalty of imprisonment in other cases.

Article 316.

It will be up to six years in prison for any media to fly to the national flag or stand in military places or buildings, as well as when they were carried out by military units or at stops, parades. or formations of such a character or the event occur in equal circumstances or places against the forces or the national anthem. With the imprisonment of up to three years, offences against emblems or military insignia will be punished in the same circumstances or occasion.

Article 317.

Incur imprisonment for up to six years in writing, in writing or by any means of advertising to the Armies or Institutions, Arms, Classes or Certain Bodies, provided that the culprit be military or the event occurs before a command in the presence of its troops or in a military location, enclosure or military location.

Article 328.

Out of the cases included in the previous article, the military officer who disobeys the orders of his superiors regarding the service of arms, sailor or aeronautics, will incur the penalty of six years of military prison to twenty of military seclusion.

Not dealing with orders relating to the service of weapons, marine or aeronautical, it will incur the penalty of six months and one day to six years of military prison.

Such conduct shall not be considered criminal when orders involve the execution of acts that are manifestly contrary to the laws and uses of war or constitute a crime, in particular against the Constitution.

Article 405.

He who is in charge of supplying to the Armies supplies, ammunition or other effects or elements, will cease to do so maliciously or will deliver them adulterated or harmful, will be punished to the prison sentence if it is in times war or in site state.

Article 415.

Severe faults are punishable by the following corrections:

For Officers and Sub-Officers: Military arrest for two months and one day to six months.

For the individuals of the troop and marinery classes, they are destined for a discipline body of one to two years, without it being able to exceed in any case the time by which they should serve in rows.

Two-month military arrest and one day to six months.

For paisans, in the state of the site: arrest for more than two months and one day to six months.

For the imposition of these correctives, the requirements set out in Article 192 shall be observed by analogy, and the state of execution of the faults and the participation in the faults shall be taken into account. offenders.

Item 416.

Minor faults are punished directly by the respective Chiefs with the following corrections:

For Officers and Sub-Officers: arrest at their home, ship, flags, barracks or destination office, up to fourteen days, and in castle or other military establishment, from fifteen days to two months.

Rebuke.

For the individuals of the troop and marinery classes: arrest for up to two months. Job deposition. Surcharge on acts of mechanical service.

In the event of a state of siege and when, the responsibility for these faults reaches non-military persons, they will be punished with lesser arrest.

Article 424.

The corrections laid down in Articles 419, 420, 421 and 422 may be amended by the Colonel or Chief of the forces or units of his command, in order to cancel, reduce or increase them, without last case they may exceed their powers under Article 418 and always have as a rule the strictest justice.

Of the resolutions you adopt shall inform the Chief, Officer or Sub-Officer, who has imposed the corrective, by regulatory conduit.

Article 437.

He will be punished with arrest by the military officer who incurs any of the following faults:

1. ° Do not complete the orders relating to the service, provided that the fact does not constitute a crime or a slight fault.

2. Stop performing military duties without incurring the offence referred to in Article 391 number 2.

3. Put hand to arms to offend another by finding themselves in barracks, camp, ship, aircraft or other any place in which forces are gathered.

4. Accuse to the press or other means of dissemination, for the first time, on matters of the own service of the involved or pending petition or appeal in favour of its claim or on specific aspects that may affect to the proper protection of national security or to use data only known for the reason of the destination or position in the Armed Forces or to be exposed by conculcating an express prohibition of the Ministry of Defense, not yet affecting the previous ones interests the topic discussed or dealt with. They shall be understood as follows:

(a) The writings contrary to discipline or respect for the Constitution, the Head of State, the Government, the Minister of Defense, and the hierarchical military and superior authorities when they do not constitute the responsibility severe.

Claims through printing and other means of dissemination or advertising and how many manifestations violate a duty of secrecy without incurring more serious responsibility.

b) Discussions that provoke antagonism between the various Bodies or Institutes of Armies.

(c) The murmuring of the Head of State, Government, Minister of Defence and other Authorities who have higher military command.

d) Incur a second lack of those provided for in the second paragraph of Article 443.

5 ° Make use of passport, license or any other legitimate military document issued in favor of another person.

6. Make use of badges, decorations, or other military or civilian flags without being authorized.

7. Break the pre-trial detention or arrest.

8. Excuse yourself with alleged evils or any other pretext of fulfilling your duties or not conforming to your position or service to be destined in time of peace.

9. ° Revelar at peace time the saint and sena or orders reserved or break the secret of the official correspondence, not being the fact understood in article 398.

10. Use for particular needs, unless there are reasons of need or urgency, elements of an official nature, provided that the fact does not constitute a crime.

11. He or she shall be found guilty of the evasion of prisoners of war or of other prisoners whose custody is entrusted to him by summary negligence, documents or papers entrusted to his or her position.

12. Make claims or requests in an disrespectful manner.

13. Mistreating a person's work without any justified need in order to comply with an order or a slogan, not constituting the offence.

14. Allow in military establishment, ship or aircraft acts that may cause fire or explosion.

15. Hide or alter to Courts, Authorities or Superiors your true name or state and destination.

16. Mistreating a person's word or work in the house in which it is housed, not constituting the crime or requiring in the same way something that it is not entitled to.

17. Promote collective subscriptions to make gifts, gifts or gifts of any kind to the superiors, take part in them and accept the offering not being such an expressly authorized manifestation.

18. To publicly disrespect due to the Authorities or any superior category of Officer, or Sub-Officer so that it does not constitute a crime.

Article 440.

It will be punished with military arrest or fate to a Corps of discipline the military who tolerates in the forces to his orders faults of subordination, murmurations against the service or the fundamental institutions of the State, (a) talks against officers and officials, or species or manifestations contrary to the conformity with which all must receive their assignments or fulfil their duties, suffering from the fatigues and privations of the armed profession, and do not arrest the guilty or, do not immediately count their superiors.

Article 442.

The military man who for the fourth time commits a slight lack having been corrected before and successively three times for minor faults, with more than twenty-four hours of arrest each, being Official or Subofficial, or one month, in the same way form, being a class of Troop or Marineria, shall be found guilty of serious misconduct and punishable under the prudent arbitration of the judicial authority, without being able to exceed six months of arrest, except that the second or third constitute in itself alone serious misconduct or crime.

The second and third, serious misconduct, not punished as such expressly in this Law, will be corrected with a prudential aggravation of the punishment imposed on the former.

Item 443.

1. A military officer who commits one of the following: those of personal grooming, carelessness in the preservation of the locker room, equipment, livestock, weapons, ammunition, barracks, vessels, accommodations or similar effects, inaccuracy in the compliance with the regulatory obligations and imposed by the internal arrangements of the Bodies, cantons, camps, aerodromes, vessels, arsenals and other military establishments; murmurings against superiors, tibieza demonstrations or dislike in the service, omission of greeting to superiors or not returning it to equal or lower; the reasons for decomposed or replicas unattended to the superior; the concurrency of officers to establishments of a character incompatible with the dignity of the same; the scandalous or dedoro stay of the uniform, of any military, in gambling houses, acts contrary to military dignity; taking part in reyertas with partner or countryman; injuries qualified as lack of common law; public scandal, game in barracks, ships or military establishments; to dispose of or distract garments or equipment whose value does not exceed 1,500 pesetas; to be absent for a period of time which does not constitute another fault or offence to be of service on a ship, barracks or other military establishment, and to permit the exit or the knowingly driving of a vessel which patronages individuals not authorised to do so; (ii) the provision of services for the purposes of the provision of services, including the provision of services to the public, and the provision of services to the public authorities; Getting debts; offending paisanos; making shoplifting, scams or appropriations If the guilty party has not previously been convicted of crimes of theft, theft, fraud or misappropriation or twice as corrected or convicted of theft or fraud, the guilty party shall not have been convicted of theft, theft, fraud or misappropriation. consummate attacks on the property of others without causing damage or causing them to be carried out in an amount not exceeding 250 pesetas, and all the others who, not being punished in another way, constitute slight disobedience or slight disrespect or offence to the Authorities, military organizations or emblems, or national symbols, consist of the oblivion or infraction of a military duty, they infer prejudice to the good regime of the Armies or affect the prestige of the Military Institution.

2. It will also be minor faults that for the first time are corrected for the military failure to fulfill their duties of neutrality in the exercise of their political rights by:

a) Be affiliated, collaborate or support any political or union organization or attend public meetings of a political or union nature, promoted by the referred parties, groups or associations.

b) To publicly express opinions of a political or union nature in relation to the various party, group, association or organization options.

c) Attend one another or make use of their military status to any other public meetings of a political or union nature.

d) To exercise public office or to accept candidates for the same when they are elected and have a political or union character without having previously requested the pass, to the situation that is legally indicated.

e) Those who are individuals of the Troop, Marineria or Complement Escales class do not refrain from performing the acts referred to in the preceding paragraphs for as long as they are providing military service. active, without prejudice to them being able to maintain their previous affiliation.

Item 452.

1. The military procedures shall be initiated on their own initiative or under part or complaint or at the request of the Military Legal Prosecutor, who may be able to deal directly with the Military Court of Instruction if he/she is aware of the itself out of those of its competence.

2. In no case will the kerella be admitted. The private action may be exercised in all the procedures followed by crimes only to pursue them at the request of a party, once the order of processing has been agreed, to whose act the Instructor will make the opportune offer of actions in the person of the wronged or wronged by the offence, thereby in an extra way to the precepts of the Criminal Procedure Act, all except for the special rules for the use and movement of motor vehicles.

Article 491.

The Military Legal Prosecutor's Office, and in its case the lawyer representing the private action or special charge, may intervene on its own initiative in the summary of all the causes if the Instructor does not believe it harmful for the good purpose of the investigation, to attend the proceedings of evidence agreed by the Instructor by interrogating, with his consent, the defendants, witnesses and experts; to request the Judge, and in his case from the Military Judicial Authority, the practice of new probative measures or the adoption of decisions which it considers to be relevant to the defendants or their property, as far as is necessary to ensure the exi-gibles, or to the persons against whom charges are brought, and to issue the reports that the law provides.

Article 492.

In the plenary period the Military Legal Prosecutor will ask for the application of the laws and will exercise public action before the War Councils.

Article 569.

The Instructor will receive a statement to how many people can provide news or evidence for the crime check and find out the culprits.

In each of them the Instructor's questions and the declarant's answers will be entered.

The questions will be pertinent, without any of them being able to be formulated in a captious or suggestive way and without the possibility of coercion, deception, promise or artifice to compel and induce to declare in certain meaning.

Item 580.

They are excepted from personally attending the judicial appeal, but not declaring:

1. The President of the Government, the Presidents of the Congress of Deputies and the Senate and the Ministers.

2. The diplomatic representatives accredited close to the Spanish State.

3. The President and members of the Constitutional Court, Presidents and Councillors of the State Council, the Supreme Council of Military Justice, President and Magistrates of the Supreme Court, the Court of Auditors, the Rota, the Military Orders and the Prosecutors of the aforementioned Courts.

4. The Ombudsman.

5. ° The General Captains of the Armies.

6. Members of the Congress of Deputies and the Senate.

7. The Presidents and Directors of the Governments of the Autonomous Communities, as well as the members of their Legislative Assemblies in respect of the actions followed by order of the Military Judicial Authority practiced in the territory of those Communities.

8. The Chief General of the Army, Region, Maritime Department and Escuadra.

9. The Presidents and Prosecutors Heads of Audiences.

10. The Archbishops and Bishops.

11. The Military Judicial Authorities.

12. The General Tenants and Admirals.

Article 581.

Are excepted to appear personally before the Judge, unless this is a General Officer:

1. ° The General Officers of the Armies and their assimilated.

2. ° The Auditors and Prosecutors-Military Chiefs.

3. The Deputy Secretaries, Directors-General of the various branches of the Civil or Military Administration, Civil Governors, Finance Delegates and Provincial Capital Mayors.

Article 582.

The persons designated in Article 580 (2) shall be invited to give their written statement, referring to the effect to the Ministry of Foreign Affairs, through the Judicial Authority and the Ministry of Foreign Affairs. relevant, cross-examination that understands the lengths to which you must answer.

If you refuse to declare, the Judicial Authority will pass the appropriate testimony to the Ministry.

Article 564.

In other cases, the persons designated in numbers 1 and 3 to 10, both inclusive, of article 580 shall declare in their own home or official office, to which the Instructor will attend, whatever their category, prior to Day pointing, which will consult you.

Article 595.

The Officers and Sub-Officers and their assimilated of the Armies, whatever the jurisdiction of the Tribunal before which they appear, shall take oath or promise, for their honor.

Other persons who have to testify before Courts or Military Courts shall swear in the name of God or promise for their honor, according to their beliefs.

Article 605.

The defendants will answer the questions asked by the Instructor. However, due to the circumstances of those and the nature of the case, they may be allowed to draw up a written reply to their presence on difficult or complex points to explain or to consult with their authority notes or notes simple reminder.

Item 701.

The process, in order to avoid the embargo, will be able to provide bail that will be personal, pignoraticia, mortgage or cash, in the case of the Instructor. It shall also be accepted as a bank guarantee or the Entity in which the civil liability is assured against the person who addresses the embargo, in which case it must be formalized in writing or by appearance before the Instructor, the person holding the legitimate representation of any of the authorised to operate on the national territory or the relevant insurance institution.

In the staff, only Spaniards with an inconspicuous conduct and notorious economic solvency who are in full enjoyment of civil and political rights will be admitted as fiadors, pointing out to the Instructor himself the amount of have to respond.

In the case of cash, the sum that the same Instructor determines, will be kept in the General Deposit Box and, in its absence, in public establishments or in the case of the Corps. They may also be allowed to constitute public security, securities or public effects, at the average price of official listing, which shall be deposited in the same way.

Article 728.

Elevated the cause to plenary, will be passed to the Military Legal Prosecutor, who will formulate within five days the written of provisional conclusions. Likewise, for the same period, it will also be passed to the Letting of the particular charge in the exercise of the private action, for the same procedure, if it intervenes.

Article 729.

This document will contain the following items in separate numbers:

1. Specific exposure of the facts that result from the summary, by appointment of the steps that you can follow.

2. ° Your legal status.

3. The participation in them is attributed to the processing.

4. ° The circumstances exempt or modifying the criminal liability that you consider to be appreciable.

5. ° The penalty you consider should be imposed on the defendant, specifying the extent of the process or the acquittal in your case.

6. ° Civil responsibilities from.

7. The tests you may need to practice or your resignation. When you propose documentary proof that you already hear in the cause, you will be limited to quoting the corresponding folios to be read in the act of the view.

When you write the ends second to the sixth, you will quote the applicable legal provisions respectively.

Article 736.

The delivery of the cause to the Defender and its return shall be in accordance with the provisions of Article 490 (13).

The Defender, when collecting the cause, will sign receipt with Iguales data, which will be retained by the Instructor as long as he has it in his possession and will be delivered to him when he returns it.

If several Defenders were to be involved, the cause will be exposed to all for a period not exceeding ten days.

When the complexity or volume of the actions is justified, the Ombudsman or Advocates may request the Judicial Authority to extend the time limits set out in this article and in 734, a request which, Instructor within the next twenty-four hours, will be elevated to that for final resolution, which will order as appropriate.

Expired deadline, the Secretarlo will proceed to collect the cars of whoever has them in their power, without the need of prior award. If, when collecting them, the document of provisional findings is not formalized, the case shall be passed for a period of five days to the military defender, who is appointed as his own office, and the designated person shall cease to be appointed.

Article 787.

In the War Councils, the effective and alternate Vocals will take seats on both sides of the President, the most characterized by his employment and seniority will occupy the first place of the immediate right to the presidency and the one that follow it to the left, and for the same order the remaining ones. When the Rapporteur is of the same or lesser category as the other Vocals, he shall sit at the left of the President. The same place shall be occupied by the Adviser when under this Code he attends the Rapporteur's default Council.

The Instructor will occupy, seat in front of the President, the Prosecutor, the private prosecution and the Defenders, right and left of the Tribunal, respectively.

The alternate Vowels will attend, at the hearing, by withdrawing as the Tribunal is in secret session to deliberate, unless they have replaced other members as their presence in the view is not possible.

All the components of the Tribunal, including the Military Prosecutor and Defenders, whose attendance at the hearing shall be deemed to be an act of preferential service to any other, shall be at the level of the act in a regulatory uniform.

Article 777.

The witnesses, once they appear, are obliged to state what they know about what is asked of them by the President and the Vocals of the Council the Prosecutor and the Advocates, provided that the first Juzgue is admissible. interrogation. The President shall be given the oath or promise in the form set out in Article 595 and shall ask them by name, surnames and personal circumstances. Where they do not know the Spanish language or are deaf to them, the provisions of Articles 571 and 573 shall be observed, and the applicable rules of Articles 616 to 619 shall also be taken into account.

Article 793.

If the Council considers that the acts pursued are not constitutive of military crime and if it is of serious misconduct of the same nature, it will absolve the prosecution of the crime charged and will impose the corrective for the unappreciated. In order to estimate the existence of a slight lack of military character, it will be limited to bringing it to the attention of the Judicial Authority so that in the process of approval of the judgment it will correct it in a governmental way if it considers it appropriate.

The judgment will contain in your judgment the conviction that corresponds to common or incidental faults.

Article 809.

When only foreign vessels of the same nationality are involved in the accident, if the approach does not affect any foreign interest to the nation to which they belong, the actions shall be forwarded to the diplomatic agents or State consular authorities, whose flag the vessels are flying and the alleged culprits shall be made available to them, if they are officially claimed by them, in the absence of any other international treaties.

Article 816.

If during the processing of the cause by approach and before the sentence is handed down the presumed responsible or processor will be agreed the final dismissal of that, without prejudice to the civil responsibilities to be required.

If the rebellion of the process is agreed upon, in the order containing such a declaration, it shall be expressed as a reserve of the civil actions to which it is appropriate.

In both cases, for the civil liability claim, the second paragraph of Article 719 (4) shall apply.

Article 823.

If during the processing of the cause by, shipwreck and before the sentence is handed down the presumed responsible or prosecuted, the final dismissal of that person shall be agreed, without prejudice to the civil responsibilities to be required.

If the rebellion of the process is agreed upon, in the order that contains such a declaration, it shall be made express reservation of the civil actions that proceed in favor of those who correspond.

In both cases, for the civil liability claim, the second paragraph of Article 719 (4) shall be provided.

Article 871.

The death penalty will be executed by firing and without advertising.

Article 906.

The resolution of the Judicial Authority, in accordance with its Auditor, is firm, and against it, there is only recourse to appeal to it, which may be filed by the Prosecutor, the inmate or the Ombudsman, within three days of the notification in accordance with the requirements of this Law.

Against the refusal of the appeal, in the cases in which the suspension of conviction should be applied by the Ministry of the Law, the Supreme Council of Justice of the Supreme Council of Justice will be able to complain in the same time. Military Justice, in accordance with the provisions of the seventh paragraph of Article 107.

Article 927.

Adopted by the Judicial Authority the agreement referred to in the previous article, the cause will be passed to the Prosecutor's Office so that, in a term that does not exceed twenty-four hours, it will be instructed and written of indictment and proposal for the test to be carried out before the War Council.

At the same time, the Instructor will require the defendant to appoint an Ombudsman, which he may designate in accordance with the provisions of Article 154; if he does not do so, a lawyer will be appointed to him.

Accepted the charge, the cause of the manifest will be put to you so that in the end of twenty-four hours, after interview with the defendant, formulate your written defense and test proposition.

Article 976.

Where, by virtue of the final judgment which has been annulled, the sentenced person has been in compliance with the sentence, if the new judgment is imposed on him, the former shall be taken into account for that purpose, if it were the same or analogous nature.

When the penalty may be passed, his widow, ascendant or descendants and siblings, request the review trial in order to rehabilitate the memory of the deceased, and to punish, if necessary, the true culprit.

Article 979.

Where, by virtue of review appeal, absolute judgment is given, those interested in it, or their heirs, shall be entitled to the civil damages to which they shall be entitled under the common law, which shall be satisfied by the State, without prejudice to the right of the State to repeat against the Court of Auditors that it has incurred in liability or against the person directly declared responsible or his heirs.

Article 1,011.

Gubernative case file shall be instructed when the continuation of any Official or Subofficial in the service is considered to be detrimental to any of the following:

1. ° By accumulating in your file unfavourable notes that are notoriously disqualifying your professional qualification or fitness for your duties.

2. ° For observing habitual and incorrigible misconduct according to the report of two leaders of whom you have had.

3. ° For having been punished for any lack of theft, fraud, misappropriation, or any jurisdiction, or for having been convicted of a crime in the courts, in this common or military nature. Ordinary courts imposing penalty of suspension, if the Military Justice Code did not correspond to the access to service separation.

4. ° For contracting unjustified debts.

5. ° For any act against the Military Honor that does not constitute a crime or has been prosecuted by any Tribunal.

6. Failure to comply with the provisions and regulations governing the exercise of political and trade union activities, having previously been convicted of serious misconduct as referred to in Article 437 (4) (b) and the paragraph Article 443, second paragraph, of this Code.

7. ° For having been corrected as the author of a fourth slight fault, if the previous ones had been committed in a period of time not exceeding the three immediate years; for recidivism in the serious faults of the articles 434, 435 and 437, numbers 1. °, 2. ° and 4. ° (a), or for second recidivism or reiteration in any serious misconduct for events that have occurred within a period of less than four years.

8. ° For having publicly demonstrated and manifestly an attitude contrary to the Constitution or the Head of State. "

Article 2.

The last paragraph of Article 100 (3) of the Military Justice Code shall be worded as follows:

The role of the rapporteur shall be exercised by a Togolese Counselor who belongs to the jurisdiction of the cause.

Third item.

The amounts of fifty-five to fifty-five pesetas that appear in the article four hundred and three, numbers three and four of the article four hundred and thirty-nine, all of them of the Code of Military Justice, Referring to the disposal of garments or military effects, they are replaced, respectively, by those of three thousand, thousand and three thousand and five hundred, respectively, without a review of firm sentences.

Article 4.

The amounts of the fines referred to in Articles 100 and 70 and three and five hundred and eighty-nine of the Military Justice Code shall be understood to mean the amounts of two hundred and fifty-five pesetas, respectively, are replaced by the ten thousand and twenty thousand pesetas.

Article 5.

In the Second Treaty, Title IX shall be read as follows: Crimes against the Military Security of the State and of the Armies; its Chapter I: Military Rebellion; its Chapter II: Military Sedition.

In the Third Treaty, the heading of Title XV shall be that of: Special Procedures of the Jurisdiction of the Navy.

In the same Third Treaty, Title XVIII, Chapter II will be epigraped as follows: From the execution of the death penalty in time of war.

In the Third Treaty itself, the heading of Title XVIII will be as follows: The most common procedure in case of war.

Article 6.

Items or paragraphs of Military Justice Code articles are deleted below:

-Article 10.

-The second and third paragraphs of Article fifty-eight.

-The article one hundred and twenty-two.

-The article one hundred and ninety.

-The numbers two, four, and twelve of the article two hundred and fifty-eight.

-The number five of the article two hundred and fifty-nine and the article two hundred and sixty-six.

-The last paragraph of the article two hundred and ninety-six.

-Article four hundred ten.

-The last paragraph of the article four hundred three.

-Articles eight hundred and seventy-two; eight hundred and seventy-three, numbers four, five, six, seven, and eight; eight hundred and seventy-five and eight hundred and seventy-nine.

Item seventh.

One. The articles of the Penal Code which are then expressed will be worded as follows:

" Article 152.

Those who, carrying weapons, will try to penetrate the seats of the Congress of Deputies or the Senate to present, in person and collectively, petitions to them, will incur the lesser prison sentence.

Article 154.

Those who, carrying weapons, will present or try to present collectively, even if not in person, petitions to the Congress of Deputies or the Senate, will incur the lesser prison term. "

Two. Article two hundred and forty-two of the Criminal Code shall have the following content:

" Article 242.

Minor prison sentences shall be incurred or seriously threatened or threatened by the Armies or their particular Institutions, Arms, Classes or Bodies.

When the threats or threats referred to in the previous paragraph are not serious, the maximum sentence or fine of 50,000 to 100,000 pesetas shall be imposed on the culprit. "

Article 8.

The Attorney General of the Supreme Council of Military Justice, on its own or at the request of the Minister of Defense, news of the perpetration of a fact with a crime against the Armed Forces, their means, interests, or prestige, of which the ordinary jurisdiction is competent, may make a motion to the Prosecutor of the Kingdom in request of the concrete action of the justice to which there is a place or, in his case and moment, in request of the interposition of the resources from.

Article ninth.

The position of Military Prosecutor, whose duties will be assumed by the Military Legal Prosecutor, will be abolished in time of peace.

Article 10.

The allusions that the Military Justice Code makes to the Army, Navy, and Air Ministries, jointly or separately, will be understood to be, in the future, the Ministry of Defense; likewise, references to any The military ministers of the expressed ministries shall be replaced by those of the Minister of Defense.

Item eleven.

The attributions which, according to the numbers three, four, eight, eleven, twelve, eighteen and nineteen of Article fifty and two of the Code of Military Justice, correspond to the judicial authorities exercising territorial jurisdiction, and all those relating to the proceedings following the sentence of the military Judge of Instruction may be delegated by express order of the aforementioned authorities, published regulatively, in the corresponding Chief Auditor, being able to to be reassumed in cases that because of their significant importance are of their interest. The decisions which the Auditor will adopt in use shall have the same value as those of the full jurisdiction of the judicial authority.

Prior to the exercise of the powers conferred on the judicial authority by Article 50 and two of that Code, the Auditor's report shall be required, except as regards those referred to in the in the preceding paragraph, if the provisions of the preceding paragraph have been carried out.

Article twelve.

One. The Military Courts of Instruction set out in this Law shall be established in each heading of a judicial district within three months of its entry into force. In the performance of their duties and to prepare for the dispatch of the procedures, they will be assisted by one or two Secretaries, officers of the respective Military Legal Body, who will be entrusted, in addition, with those referred to in the article. four hundred and ninety, assisted by the staff of the same destination.

Two. It shall be the jurisdiction of the Military Judges of Instruction, in addition to the one indicated in the Military Justice Code:

(a) Proceed ex officio in all cases where it was understood that a crime has been committed which has the jurisdiction of the military jurisdiction of its constituency and Army.

(b) The knowledge and resolution of the procedures for violations of a common nature for which the Prosecutor's Office has requested a penalty not exceeding that of six months of deprivation of liberty, and those faced, military, they were from the classes of Troop or Marineria.

In the preparatory actions to be followed, the view and failure of the same and the resources to be followed will be in all the provisions of the Decree four thousand one thousand nine hundred and sixty-four, of seventeen of December, currently in application for the procedures instructed for the use and circulation of motor vehicles, which will continue to be in force in the field of military jurisdiction in so far as it is not affected by this Law.

(c) Condemn by fault, exclusively of a common nature and whether or not incidental, in the cases referred to in paragraph (b), whose proceedings or proceedings may be dismissed. Contro the order that he orders terminating a procedure of those of the indicated entity, may have recourse to the Prosecutor or special accusation in term of five days after that they are notified to them, agreeing the judicial authority proceed.

Article thirteen.

One. Appeals before the military courts may be brought against the judgments of the War Councils by the Military Legal Prosecutor's Office in any case, and by those who have been convicted in the judgment if, in it, they were imposed on the appellant for a term of imprisonment of more than three years in one of them or in the sum of several of those imposed on the same person, or the separation of the service as principal or ancillary.

Two. The preparation, the appeal of any of the classes must be made within five days of the notification of the judgment of the first or second instance in his case, before the investigating Judge who has known the procedure by suspending the military judicial authority the powers of approval that may correspond to it, bringing the actions to the Supreme Council of Military Justice.

Three. Appeals to military justice shall be reasoned and shall be admissible only in accordance with the provisions of the Law on Criminal Procedure, applying to the processing thereof, as stated in the legal text, with the The Court of Justice of the Supreme Council of Military Justice, whose knowledge and judgment shall have jurisdiction in the Chamber of Justice.

In the case against the judgment of the War Council, it is understood that the powers referred to in Article eight hundred and fifty-eight of the Criminal Procedure Act correspond to the military judicial authority.

Article fourteen.

Those sentenced to imprisonment of more than three years, in one of them or in the sum of several, as well as in any case the Prosecutor's Office, may institute proceedings against the sentences handed down at first instance by the Supreme Council of Military Justice, according to the jurisdiction assigned to it, an appeal before the Criminal Court of the Supreme Court, conforms to the reasons and procedures that point to the articles eight hundred and forty-seven and following of the Law Criminal Prosecution.

ADDITIONAL DISPOSITION

The Board of Chiefs of Staff, as the upper collegiate body of the military chain of command, shall have the following powers, in addition to those of its own:

One. Report, whenever the Minister of Defense requests it, of the resolution to be adopted in the governmental files that are instructed.

Two. To propose to the Minister of Defense the opening of the file for the pass to the reserve or to the Group (B) of the General Officers of any of the three Armies that for their conduct detrimental to the military interests or the functions of the Armed forces would have incurred negligence, indiscipline or incapacity in command of their units or subordinates or in the performance of their destination. The resolution will be adopted by Royal Decree agreed upon in the Council of Ministers, on a proposal from the Defense Ministry, prior to the report of the Supreme Council of Military Justice. No other recourse shall be admissible than that of pleading for unfounded grievance, before the King as Supreme Chief of the Armed Forces.

TRANSIENT PROVISIONS

First.

The Military Prosecutors shall, within the maximum period of thirty days, refer to the procedures in which they are being brought to the Military Legal Prosecutor's Office.

Second.

In cases where the Council has not been ordered, the defendants shall be notified of their right to appoint an Ombudsman in accordance with the new rules of the Code.

Third.

The procedures to be initiated as from the entry into force of this Law shall be instructed by General or Private Officers of the respective Legal Bodies, if this is the case in accordance with the provisions of the Code. For those currently in the process of instruction, the Judicial Authorities will have their continuation by the Permanent Courts of Instruction, in the matters of their competence.

Fourth.

The Supreme Council of Military Justice and the Military Authorities of the Armies, on their own initiative, at the request of the Prosecutor or at the request of the defendant or his defender, shall immediately be held in favor of the Courts and Courts of the Ordinary Jurisdiction of the proceedings in which no judgment has been given and of those who are aware of facts which have ceased to be of their competence, in accordance with the amendments made to the Code of Military Justice by this Law.

Fifth.

The suspension of the conviction of the criminal persons who are in compliance with those imposed in accordance with the previous legislation and which may be the subject of such a benefit shall be applied ex officio or at the request of an interested party. in accordance with the new wording of Article two hundred and forty-five of the Military Justice Code.

Sixth.

The Ministry of Defense will adopt the relevant orders for compliance by the staff of the Legal Corps of the tasks assigned to them by the Military Code.

FINAL PROVISIONS

First.

One. For the elaboration of a plan of reports and the preliminary draft of the Legislative Reform of the Military Justice and the reordering and modernization of the same and under the authority, the Minister of Defense, will be constituted before a month, from the approval of this Law, a Commission for the Study and Reform of Military Justice.

Two. It shall be the task of the Commission: to draw up an articulated draft of the Code or Codes concerning Military Justice before a year, starting from its constitution, in which the legal principles of the national constitutional order are duly reflected, the autonomy and specialty of the Balanced Military Jurisdiction, balanced with the procedural and substantive unity of the legal system and the system of the judiciary, as well as the comparative progress of those of the military judicial organ of the Foreign armies of more assiduous relationship.

Second.

The Government will present to the Cortes, within six months, a bill that establishes the fundamental principles of the disciplinary regime in the Armies.

Third.

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

Therefore,

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

Royal Palace, from Madrid, to November 6, thousand nine hundred and eighty.

JOHN CARLOS R.

The President of the Government,

ADOLFO SUAREZ GONZALEZ