FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Cortes have approved and I come to sanction the following organic law:

PREAMBLE

I

The approval of the Military Penal Code by Law 13/1985, of December 9, did not constitute a mere reform of the military penal laws but its adaptation to the Spanish Constitution, developing its article 117.5 to the to proclaim the principles of legality, culpability, equality and retroactivity of the most favourable criminal law; and to begin the separate codification of the organic laws relating to military justice which had to be completed in the Organic Law 2/1989, of 13 April, Processed Military, to fulfill the unpostponed purpose of reforming the judicial system castrate according to constitutional principles.

One of the greatest new features of the Military Penal Code of 1985 was that it ceased to be a complete or comprehensive code to become a criminal law complementary to the Penal Code, given its special criminal law. with regard to the common punitive text. However, it was not possible to fully achieve this desirable purpose, set out in its preamble, because of the uncertainty in the dates of the common criminal codification process, since a decade would have to be expected for the approval of the current Code. Criminal Law for Organic Law 10/1995, of 23 November. As a result of this indefinition, it could only be adopted in 1985, despite the promulgation of the Organic Law 14/1985 of 9 December, a Military Penal Code partially complementary to the ordinary and excessive extension in comparison with the models of contemporary military codes.

Thus, the need to enact a new Military Penal Code is not only derived from the time since its entry into force and the mandate provided for in paragraph 3 of the final provision 8. of Organic Law 9/2011, of 27 July, of rights and duties of the members of the Armed Forces, but of their nature of special criminal law that must accept in their articulated only the precepts that have no place in the common text or, still having it, require some a singular foresight to justify its incorporation into the military law within the strictly speaking field Castrense who presides over his constitutional recognition.

In fact, the constitutional doctrine, interpreting article 117.5 of the Spanish Constitution, considers that its purpose is to limit the scope of military jurisdiction to the strictly indispensable. Concept that is identified, in a time of normality, with the exclusively military crimes, both because of its direct connection with the objectives, tasks and ends of the Armed Forces (indispensable for the defensive demands of the community as a constitutional good), as for the need for a specific judicial path for their knowledge and eventual repression.

Consequently, the idea that has presided over the drafting of this Military Penal Code is that the legal assets protected by the criminal law must be strictly military in accordance with the purposes of the Constitution. correspond to the Armed Forces, of the means placed at their disposal to fulfill their missions and of the military nature of the obligations and duties whose non-compliance is classified as a military crime.

But there are more grounds for an in-depth reform of the Military Penal Code. First of all, the process of modernization of the military organization, the professionalization already completed of the Armed Forces, the new organizational model and the territorial deployment of the force, and the permanent participation of military units Spanish on international missions outside our territory, integrated in multinational units or in supranational organizations.

In the second term, it is necessary to comply with the conventional obligations assumed by Spain, in particular regarding the prevention and punishment of violations of International Humanitarian Law, as well as the arising from the ratification of the Statute of the International Criminal Court by Law 6/2000 of 4 October 2000.

Third, it is considered essential to introduce new criminal figures, which are grouped in a Title of their own, granting criminal protection to the exercise of the fundamental rights and public freedoms of the military, by the imperative of the aforementioned Organic Law 9/2011, of July 27, of rights and duties of the members of the Armed Forces. Reforms to which those of a technical nature must be added arising from experience in the case of the case of the Court of Military Criminal Code of 1985 and others of terminological adaptation to a more current and common technical-legal language acceptance.

For these reasons the elaboration of a complete Military Penal Code is justified, the approval of which will facilitate its practical application, in the light of the numerous precepts that should be modified and the notable reduction of its content, both in its general part or in basic principles and in its special part or in criminal typology. Reduction that involves the presentation of a punitive military text whose articles do not reach in number half of the article of the approved in 1985, as a logical consequence of the principle of complementarity of the military criminal law with respect to the Common Penal Code, and according to the current models of military penal codes or laws of the countries of our socio-cultural and more assiduous relationship in the field of National Defense.

II

The new legal text is divided into two books, the first one devoted to general provisions and the second to criminalize crimes and the establishment of their sentences. The reduction of the article in the first book, due to the application of the Penal Code, has been appreciated, since the castrate has been purged of numerous unnecessary provisions, deepening the aforementioned principle of complementarity between the military criminal law.

Title I of the Book first regulates, first, the scope of the Military Criminal Code, with the separation of military disciplinary violations. The article first proclaims the supplication of the provisions of the Penal Code and the application, in any case, of its preliminary title, which allows to omit any reference to the penal principles already recognized in the common punitive text.

The application of this Code to the members of the Civil Guard is regulated in detail in the same precept, with the exclusion of the military competence to know of the actions or omissions in the acts of the service performed in the exercise of functions of a police nature.

Interpreting article 7a of the repealed Military Penal Code, the case law of the Fifth Chamber and Conflict Room of the Supreme Court considered that such a legal body should be applied when the members of the Civil Guard, from their status as military personnel, carry out events that affect the legal goods of the military order based mainly on discipline, the hierarchical relationship, unity and internal cohesion, the protection of the means and resources placed on them provision or performance of functions and compliance with non-binding essential duties in police services. Thus, in situations of normality, it has been chosen, in order to determine the application of its precepts to the members of the Civil Guard, for those legal goods that cannot be left without criminal protection in a body of a military nature, such as the In the case of criminal offences against the law of the European Union (Title I), offences relating to the exercise of fundamental rights and public freedoms (Title III) and criminal offences (Title III) against the duties of the service (Title IV). In the cases provided for in Titles I, III and IV, those actions or omissions which are binding on the service performed in the exercise of functions of a police nature are excluded.

The references that the Military Penal Code that is being repealed made to the "wartime" locution are replaced by the use in certain penal types of the expression "in a situation of armed conflict," according to the concept and terminology used by the Geneva Conventions of 12 August 1949, its Additional Protocols and the established case law on International Humanitarian Law.

On the other hand, the definitions that traditionally lead the military code, such as military, military authority, sentinel, superior, service, enemy, or order, among others, are maintained, updated according to the requirements arising from the internal or international legislation ratified by Spain, and the clarifications provided by the case law and the doctrine.

Title II is dedicated to regulating military crime, a central concept of the present Code on which the specialty of the military criminal law is constructed and its complementary nature of the Penal Code. Thus, the notion of military crime encompasses not only those specifically defined in the special part (Second Book) of the military code as military crimes, but also those conducts that injure legal goods strictly or essentially The military has been indicted in the common criminal law, provided that they are qualified by the military condition of the author and, moreover, by their special condition to the interests, the service and the effectiveness of the military organization. This conception is due to the consideration as military crimes of crimes of treason and crimes against persons and property protected in the event of armed conflict, when they are committed by a military officer with abuse of powers and the duties established in the Organic Law 9/2011, of July 27, of rights and duties of the members of the Armed Forces or in the Organic Law 11/2007, of October 22, regulating the rights and duties of the members of the Civil Guard. It is also attributed the consideration of military crime to rebellion only in case of international armed conflict.

In military crimes, the provocation or other unjust action by the superior that he has produced in the subordinate outburst, obcecation, or other similar state of affairs is recognized as a very qualified circumstance. Recidivism is also defined for the purposes of this Code.

Title III regulates penalties, their classes, effects, enforcement and enforcement rules. The simplification of the penological system and its compliance with the Penal Code are notable, including the classification of serious and less serious penalties. It also determines the place of compliance, military prison, the custodial sentences imposed on the military and the specialties provided for the situation of armed conflict. As a novelty, the penalty is established, which is incorporated as an alternative sanction for certain crimes, the permanent location penalty and the revocation of promotions.

In the application of penalties, the military courts will follow the same rules as mentioned in the Penal Code and will reason in the sentence for criminal individualization.

By establishing as a minimum custodial sentence of three months ' imprisonment and one day, the courts are empowered to reduce it by one or two degrees, where appropriate according to the rules of the Penal Code, without being able to be less than two months and one day, in order to differentiate it from the maximum penalty of 60 days of arrest provided for in the military disciplinary regime.

It is determined to replace the common penalty of work for the benefit of the community, which is not adequate to be fulfilled in the military field, for the permanent location established in the Penal Code.

The military tribunals are given the power to apply the substitute forms of execution of custodial sentences and are enabled to implement the security measures and ancillary consequences provided for in the Criminal Code.

By application of the corresponding rules of the Penal Code, in accordance with the principle of complementarity, all reference to the rules on the extinction of criminal responsibility disappears in this Code. State subsidiary civil liability.

III

The Second Book, "Offences and Their Penalties," typifies military crimes and establishes penalties through its five titles, where specifically military criminal offenses are collected with a precise, respectful classification. the principle of legality and taxativity, duly purged and updated. In some crimes, in order to avoid problems of alternation and angry repetitions, a simple reference to the typical description provided in the Penal Code is contained, in accordance with the principle of complementarity that the present Code presides.

Title I, divided into eight Chapters, punishes crimes against national security and defense.

Chapter I independently typifies certain behaviors that constitute the crime of military treason, since they are not provided for in the crime of treason of the Penal Code and punish them, for their seriousness, with the maximum custodial sentence set out in this Code. Chapter II sanctions military espionage as a specific military crime.

In Chapter III, the disclosure of secrets and information regarding National Security and Defense refers to the conduct thus classified in the Penal Code, to aggravate the penalty in situations of armed conflict or site. The same technique of reference to the Penal Code and the same punitive consequences are used in Chapter IV in relation to the crimes of attacks against the media or resources of the National Security and Defense. In such a Chapter, among others, the raid of military dependency or establishment is punishable.

Chapter V makes it a military offence to breach military camps in situations of armed conflict or state of siege and Chapter VI, under the heading of Common Provisions, incriminating certain related conduct. crimes of treason and espionage, allied power (which it defines) and preparatory acts (conspiracy, proposition and provocation).

In Chapter VII, crimes against sentinel, military authority, armed force (which it defines) and military police are grouped, picking up their specialties in case of armed conflict, state of siege or in the course of an operation. International law enforcement or peace.

The outrages to Spain (its Flag, Himno or any of its symbols or emblems), to the Constitution or to the King and the insults to the military organization are incriminated in Chapter VIII when the active subject has the military condition.

The most characteristic core of military criminal offences is constituted by crimes against discipline, which are grouped under Title II.

The collective rupture of military discipline is punishable as a crime of military sedition in Chapter I, incriminating conduct of different gravity and the preparatory acts. Less serious conduct is expected to be punishable by military disciplinary action.

Chapter II typifies under the heading of insubordination the insult to the superior and disobedience. In the insult to superior, in addition to the classic maltreatment of work, the incrimination of the attacks on sexual freedom or compensation has been added.

In the offence of disobedience, described in terms well established by the case law, the exemption of criminal liability is contemplated, similar to that provided for in the Criminal Code and the Statute of the Court of Justice. International Criminal Court, for disobeying orders that involve the execution of acts that are manifestly a crime, in particular against the Constitution, or a manifest, clear and terminant infringement of a law or international law of armed conflicts. For the purposes of this crime, a definition of superior concordant with that established in Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces is incorporated.

Chapter III incriminates the abuse of authority by punishing, among other conduct, the abuse of work, the degrading, inhuman or humiliating treatment, acts of sexual assault or abuse, acts of sexual harassment, and sex as a professional, threats, coercion, injury and slander, as well as attacks on privacy, personal dignity and on work and discriminatory acts.

One of the most important novelties of this Code is the incorporation of Title III that punishes crimes related to the exercise of fundamental rights and public freedoms by the military, granting adequate criminal protection of such rights and freedoms while complying with the mandate expressed in paragraph 3 of the eighth final provision of the Organic Law 9/2011 of 27 July on the rights and duties of members of the Armed Forces.

The most extensive of the Titles of the Military Penal Code (Title IV) groups in eight Chapters the crimes against the duties of the service. Its Chapter I incriminates qualified cowardice by a subjective element of the unjust: the fear of personal risk that violates a military duty payable to those who possess the military condition.

Disloyalty integrates the content of Chapter II, punishing false military information in which the attenuating effects of retraction are anticipated.

Chapter III punishes crimes against the duties of presence and provision of service, sanctioning, first, the abandonment of destination or residence, while taking care of due coordination with the deadlines established in the military disciplinary regime.

The classic crime of desertion is characterized by the concurrency of the spirit of permanently subtracting itself to the fulfillment of the military obligations that qualifies the absence or the non-presentation in the unit, destination or place of residence.

Behaviors particularly incriminated in this Chapter are the special violations of the duty of presence, such as absence from the enemy, rebels or sediments or in critical circumstances, to stay on the ground of the vessel or aircraft, as well as the voluntary and simulation to be exempted from the service. The Chapter closes with a common provision that sanctions the preparatory acts.

Chapter IV punishes crimes against the duties of command by sanctioning, first of all, the infraction of their duties in various situations of armed conflict or state of siege. The responsibility of the command is also regulated in a special way and its tolerance is punished for abuses of authority, extradition and military crimes committed by its subordinates. This Chapter is supplemented by the classification of extractions in the exercise of the control and exposure of the unit to unnecessary risks.

The violations of the service make up the content of Chapter V by incriminating, in the first place, the abandonment of a service of arms or of any other service in certain circumstances. Second, the offences against the duties of sentinel are regulated, such as the abandonment of post, the failure to comply with its obligations with serious damage to the service or the failure to comply with the tasks of surveillance of the air spaces. Finally, drunkenness or drug addiction is sanctioned in act of weapons service or exercising command.

Chapter VI punishes the omission of the duty of relief committed by the military, from the most reprehensible conduct to be dealt with in situations of danger in case of armed conflict or state of siege to the incrimination of the made of stopping the fellow in serious danger. The omission of relief committed by the military officer in a mission of collaboration with the Public Administrations is also sanctioned by reference to the Penal Code.

One of the Chapters that incorporates the most new features of this Code is the one concerning the crimes against effectiveness in the service (Chapter VII). It ranges from reckless conduct to violations of military duties that directly affect the protected legal good: the effectiveness in the development of strictly military tasks. In this way, in the first place, certain damages provided for in the Penal Code perpetrated by a military officer and other harmful conduct committed by serious recklessness are punished. This includes in the classification of such damages caused by shipwreck, boarding, varada, improper landing or collision with another aircraft to incriminate those nautical crimes most characteristic that were in the missing Title VII of the The Military Criminal Code of 1985, concerning crimes against the duties of the service related to navigation.

Second, it sanctions the intentional failure of a general slogan, the imprudent failure of a received order and a series of concrete behaviors that could be defined as risk or non-compliance actions. dolous of fundamental military duties, causing serious damage to the service.

The innovation most demanded by the criminological reality and with abundant examples in the comparative legislation is the incrimination of the illegal trafficking of toxic drugs, narcotic drugs or psychotropic substances with remission to the types of the Criminal Code, when such acts are committed by a military officer in military installations, ships, aircraft, camps or during exercises. Circumstances that undoubtedly affect the effectiveness of service delivery and pose a clear risk to those who use weapons and means whose handling requires a special duty of care, so the punishment of this crime must be incorporated in the strictly military field.

Another of the outstanding crimes that this Chapter criminalizes consists in the recklessness in the act of service of weapons with the result of death or injuries constituting a crime, with the remission for their punishment of the penalties provided for in the Criminal code for reckless killing or injury.

Finally, Chapter VIII incriminates the improper use of military uniform or flags that is qualified as a crime against other duties of the service.

In addition, the military is specifically punished to stop promoting the prosecution of crimes or not to report them.

Title V and the last part of the Second Part of this Code refers to crimes against heritage in the military field. Next to classic infractions, such as the request for credit for alleged care, the crimes of theft, theft, misappropriation and damages committed by a military officer in relation to the criminal code are incriminated with remission of the types provided for in the Penal Code. the regulatory equipment, materials or effects.

The classification of the prevalance of a military officer is completed in order to procure interest in a contract that affects the Military Administration with the reference to the crime provided for in Article 441 of the Penal Code to complete the punishment of these reprehensible behaviors.

The breach of contract in the event of armed conflict or state of siege is also punishable, when the interests of the National Defense are affected. The title ends with the specific incrimination of the reception, which refers to its punishment for the penalties and measures provided for in the Penal Code.

IV

Two additional provisions are incorporated into this Code, as well as the timely transitional and repeal provisions.

The final provision first amends numerous and important precepts of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction, in particular regulating the intervention of the General Council of the Judicial Branch in the appointments of members of the military judicial bodies. The second final provision amends various provisions of the Organic Law 2/1989, of 13 April, of Military Processing.

The third and fourth final provisions make the precise adaptations of the articles of Law 39/2007 of 19 November of the military career and of Law 29/2014 of 28 November of the Staff Regulations of the Civil Guard, in connection with the effects of the military suspension of employment.

The fifth final provision amends and adds a new serious fault to the Organic Law 8/2014 of 4 December, of Disciplinary Regime of the Armed Forces.

V

In its treatment, this organic law, as a preliminary draft, was informed by the professional associations of the Armed Forces and the Civil Guard, the General Council of the Judiciary, the Fiscal Council, the Council of Staff of the Armed Forces, the Council of the Civil Guard and the Council of State.

BOOK FIRST

General provisions

TITLE I

Scope of the Military Criminal Code and definitions

Article 1.

1. The Military Penal Code shall apply to violations that constitute military crimes. Disciplinary violations committed by members of the Armed Forces and the Civil Guard shall be governed by their specific legislation.

2. The provisions of the Penal Code shall be applicable to military offences as a supplement to the provisions expressly not provided for in this Code. In any case, the Preliminary Title of the Penal Code will apply.

3. When a military offence is punishable by a more serious criminal offence, the Code of Military Jurisdiction shall apply.

4. This Code shall apply to members of the Civil Guard Corps and to pupils belonging to the education of training of that body in the following cases:

a) In time of armed conflict.

b) During the lifetime of the site status.

c) In the fulfillment of the military missions entrusted to them.

d) As long as they are integrated into Armed Forces Units.

5. Outside of the cases provided for in the previous paragraph, the Military Criminal Code shall apply to members of the Civil Guard and to the students belonging to the training of that body in the case of actions or omissions. constitute a military offence provided for in Title II of the Second Book of this Code.

The same persons shall also apply to the same persons for the commission of the offences established in Titles I, III and IV of the Second Book, excluding in these cases those actions or omissions that are in the service of the service performed in the exercise of functions of a police nature.

6. Without prejudice to the provisions of the International Treaties, the provisions of this Code are applicable to all the facts provided for therein, irrespective of the place of commission.

Article 2.

They are military, for the purposes of this Code, who at the time of the commission of the crime have such a condition, in accordance with the laws regarding the acquisition and loss of the same and, in particular, with the exceptions that expressly be determined in their specific legislation:

1. Those who maintain a relationship of professional services with the Armed Forces or with the Civil Guard, as long as they do not have any administrative situation in which they have their military status suspended.

2. The reservists when they are activated in the Armed Forces.

3. The students of the military training centers and the aspirants to the condition of volunteer reservists in their period of military training.

4. º Students belonging to the training of the Civil Guard.

5. Who will have any military assimilation or consideration, in accordance with the Regulatory Organic Law of the States of Alarm, Exception or Site and standards of development.

6. In situations of armed conflict or state of siege, captains, commanders and crew members of non-military vessels or aircraft that are part of a convoy, under escort or military direction, as well as (a) practical training on board ships and Civil Guard vessels.

7. The prisoners of war, for which Spain was a holding power.

Article 3.

For the purposes of this Code, they are Military Authorities:

1. The King, the President of the Government, the Minister of Defense and those who replace them in the exercise of the constitutional or legal powers inherent in their prerogatives or functions.

2. The Chief of Defense Staff, the Assistant Secretary of Defense and the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force and the Director General of the Civil Guard.

3. General officers with command, command or direction on force, unit, centre or body or who, by reason of office or function, have jurisdiction in a particular place or territory.

4. The military which, in situations of armed conflict or state of siege, has the status of Head of Unit operating separately, in the space to which it reaches military action.

5. The Presidents and Vocals of the Military Courts, Military Legal Prosecutors, and Military Togolese Judges.

6. As long as they remain outside the national territory, the Commanders of warships or military aircraft and the outstanding officers for any service in the places, waters or spaces in which they are to lend it, when in they do not have military authority and in what they are aware of the military mission entrusted to them.

7. The Heads of Units who take part in operations abroad, whether or not they involve the use of force, during the participation of the Unit in such operations, as long as they remain outside the national territory.

Article 4.

1. It is sentinel, for the purposes of this Code, the military who, in act of service of arms and fulfilling a slogan, keeps a position entrusted to his responsibility, bearing in sight the firearm that for his task corresponds to him.

2. They also have such a consideration for the military:

a) Components of security guards in the exercise of their duties;

(b) Operators of the military network of transmissions, communications or computer systems during the performance of their tasks; and

c) Operators of electronic surveillance and control systems of spaces entrusted to the Centers or stations in which they serve or visual observers of the same spaces, during the performance of their tasks.

Article 5.

1. For the purposes of this Code and without prejudice to the provisions of Article 44 (4), it is superior to the military officer who, in respect of another, has a higher hierarchical employment, or exercises authority, command or jurisdiction under the terms of the function as holder or by regulatory succession.

2. The Spanish military shall be considered superior in respect of the prisoners of war of which Spain is a holding power, regardless of their employment, in charge of their surveillance or custody and in the exercise of such tasks.

Article 6.

1. They are acts of service, for the purposes of this Code, all those related to the functions that correspond to each military in the performance of their specific tasks.

2. For the purposes of this Code, all those who require the use, handling or use of weapons, whatever their nature, in accordance with the applicable general provisions or the special orders, are acts of weapons service. duly completed in this respect, as well as the preparatory acts of them, whether individual or collective, from their initiation with the call to lend it to their total termination, and how many acts before or after the service itself weapons are related to or affect their execution.

In addition, they will have this consideration directly related to the navigation of warships or the Civil Guard, or the flight of military aircraft. It shall also have the services of transmissions, communications or computer systems, detection and analysis of radio or radio space, images or data and any other surveillance and control services in the spaces in which they are developed. military operations.

Article 7.

1. For the purposes of this Code, an enemy is understood:

1. The members of the armed forces of a party that is in a situation of armed conflict with Spain;

2. º Any force, formation or band that executes an armed operation, orders, on behalf or with the help of such an enemy party;

3. º The forces, formations or bands, members of non-state armed groups, operating in a space where Spain develops or participates in an international coercive or peace operation, in accordance with the law international;

4. The organized armed groups referred to in Article 1 (4) of Protocol I of 8 June 1977, Additional to the Geneva Conventions of 12 August 1949, who are in a situation of armed conflict with Spain.

2. The ground, naval or air forces are in front of the enemy or in front of rebels or sediments, for the purposes of this Code, when they are in a situation such that they can direct acts of hostility against any of them, immediately enter into combat or be susceptible to their attacks, as well as when, being deployed in the area of operations, they are alerted to take part in a military operation or for the use of their own armed force in an armed conflict or in an operation International law enforcement or peace.

3. For the purposes of this Code, circumstances of imminent danger for the integrity of persons or the fulfilment of the mission entrusted, as well as those involving a serious and immediate risk to the unit, are critical circumstances. of war or of the Civil Guard, or military aircraft where the person responsible provides his/her services.

Article 8.

It is order every command relating to the service that a military superior gives to a subordinate, in an appropriate manner and within the responsibilities that correspond to him, to carry out or omit a concrete action.

TITLE II

From Military Crime

Article 9.

1. Military crimes are the intentional or reckless actions or omissions provided for in the Second Book of this Code.

2. Also military crimes are any other actions or omissions committed by a military officer and classified in the Penal Code as:

(a) Crimes of treason and crimes against persons and property protected in the event of armed conflict, including common provisions, provided that they are perpetrated with abuse of powers or infraction of the duties established in the the Organic Law 9/2011, of July 27, of rights and duties of the members of the Armed Forces or in the Organic Law 11/2007, of October 22, regulating the rights and duties of the members of the Civil Guard.

b) Crime of rebellion, in case of international armed conflict.

3. The maximum limit of the penalties laid down in the Criminal Code for the offences referred to in the second paragraph of this Article shall be increased by a fifth, except where the status of the authority or function of the active subject of the criminal offence has already been taken into account by law when describing or punishing the offence.

Article 10.

1. In military offences, it shall be considered a very qualified mitigating circumstance, that of having preceded by the immediate superior provocation or any other unjust action which it has produced in the subject of outburst, obcecation or other state Similar entity päsional.

2. For the purposes of this Code, it is understood that there is a recidivism when, in the case, the guilty person has been convicted for a crime falling within the same Title of this Code or in any of those provided for in Article 9 (2) of the Code. this Code, provided they are of the same nature.

The canceled or canceled criminal records will not be computed.

TITLE III

Of the penalties

CHAPTER I

Of the penalties and their classes

Article 11.

The main penalties that may be imposed for the offences included in Book II of this Code, without prejudice to those that correspond to the application of the Criminal Code in the cases thus expressed, are:

1. Graves:

-Prison over three years.

-Job loss.

-Absolute disablement for warship or military aircraft command.

2. º Less severe:

-Three-month prison and one day to three years.

-Two-month prison and one day to three months.

-Military suspension of employment, three months and one day to three years.

-Multa two to six months.

-The permanent location penalty of two months and one day to six months.

The loss of employment, the military suspension of employment and the revocation of promotions are ancillary penalties.

Article 12.

1. The term of imprisonment shall be at least two months and one day and a maximum of twenty-five years, except where it is exceptionally applicable under the Criminal Code.

2. The penalties for deprivation of liberty imposed on military personnel shall be served in the military prison establishment designated by the Ministry of Defense, except in the case of a custodial sentence imposed for a common offence that carries with it the in the Armed Forces or in the Civil Guard, in which case it will be extinguished in an ordinary prison, with separation from the rest of the penados.

3. The permanent location penalty shall be fulfilled, as provided for in the Criminal Code, at the address of the inmate or, where appropriate, in the prison establishment designated by the Ministry of Defence.

4. In situations of armed conflict, the custodial sentences imposed on the military may be fulfilled in the unity of their destiny and in the tasks that the military command designates, in consideration of the demands of the campaign and of the discipline, prior to communication and approval of the acting judicial body.

Article 13.

The absolute disablement penalty for the command of a warship or military aircraft shall deprive the penalty, on a permanent basis, of the command of the military aircraft or aircraft.

The penalty penalty will be determined and enforced by the system established in the Criminal Code.

Article 14.

For compliance with the sentence, the time of deprivation of liberty or of the right to take precautionary or preventive rights shall be paid in accordance with the terms of the Penal Code.

The payment of the time of arrest and disciplinary arrest shall be extended, as well as to remain in the position of suspension of duties, if they have been suffered by the same facts and shall be treated as legal protected.

CHAPTER II

From by-access penalties

Article 15.

In addition to the ancillary penalties provided for in the Penal Code, for the military the prison sentence that exceeds three years, it will carry with it the accessory of loss of employment and the one of imprisonment of shorter duration, the accessory of suspension Military employment.

In the case of a military sentenced to a prison term of more than six months for criminal offence, the Tribunal may impose the penalty for the revocation of promotions for employment or employment that the sentenced person has reached since Commission of the facts described as criminal in the judgment until the date of the firmness, motivating it expressly in the judgment according to the criteria of the criminal individualization contained in article 19 of this Code.

CHAPTER III

Effects of penalties

Article 16.

Any prison sentence imposed on any military officer will produce the effect that their length of time will not be paid for the service.

Article 17.

1. The penalty of loss of employment, which is permanent, produces the loss of the penalty in the Armed Forces or the Civil Guard, with the deprivation of all the rights acquired in them, except the liabilities that could correspond to it.

2. For the pupils of the military training centres, this penalty will also result in the decline in the teaching centre, with the loss of the student's condition.

Article 18.

The penalty of military suspension of employment will deprive of all its own functions, during the time of the sentence. It will also have the effect of being immobilized in employment in the post it occupies, and will not be paid for the service. Termination of the suspension will end the immobilization in employment and the loss of post will be final.

CHAPTER IV

Application of penalties

Article 19.

1. The Military Courts will impose the expected penalty for military crimes in accordance with the rules for the application of the penalties established in the Penal Code.

2. However, in the case of criminal offences and where they are not mitigating or aggravating, they shall apply the penalty provided for in the law in the extension which they deem appropriate, taking into account the personal circumstances of the culprit, their graduation, military function, the nature of the mobiles that propelled it, the gravity and significance of the fact itself and its relationship with the service or the place of its perpetration.

3. The criminal individualisation to be carried out must be reasoned in the judgment.

Article 20.

The Military Courts will not be limited by the minimum amounts indicated in the Law to each class of penalty, but they will be able to reduce it by one or two degrees, in the form that results from the application of the corresponding rule of Criminal code, without, in any case, imprisonment of less than two months and one day.

The lower penalty to a degree of loss of employment, imposed as principal, will be that of a military suspension of employment.

Article 21.

When the penalty established in the Penal Code for the military crimes provided for in this Code is that of works for the benefit of the community, the military will be charged with permanent location of two months and one day. three months.

CHAPTER V

Of the suspension of the execution of the custodial sentences, the substitute forms of execution of the sentences and of the probation

Article 22.

1. The Military Courts may apply the alternative forms of execution of the custodial sentences provided for in the Criminal Code, including the suspension of the execution of the custodial sentences.

2. For the adoption of such measures, the Military Courts will be in accordance with the provisions of the Penal Code.

3. Probation shall apply in accordance with the provisions of the Criminal Code.

CHAPTER VI

Of the security measures and ancillary consequences

Article 23.

The Military Courts shall, where appropriate, apply the security measures and ancillary consequences provided for in the Criminal Code.

BOOK SECOND

Crimes and their penalties

TITLE I

Crimes Against National Security And Defense

CHAPTER I

Military Betrayal

Article 24.

Regardless of what is foreseen in the Criminal Code for the crime of treason, it will be punished with the prison sentence of fifteen to twenty-five years, the military that, with the purpose of favoring the enemy:

1. Exercise coercion on which holds the command of a force, ship or aircraft, to capitulate, surrender, delay combat, or initiate withdrawal.

2. º Fare from your ranks in the spirit of joining the enemy.

3. º I will spread or spread demoralizing news or perform any other defeatist acts.

4. I will execute acts of sabotage, hinder war operations or any other effective way will cause the media or resources affected by military defense to fail.

CHAPTER II

Military Espionage

Article 25.

A foreigner who, in a situation of armed conflict, will seek, disseminate, distort or render information classified as reserved or secret or of military interest liable to harm security or defense national, or of the technical means or systems employed by the Armed Forces or the Civil Guard or the industries of military interest, or the disclosure to foreign power, association or international organization, shall be punished, as a spy, to the penalty of ten to twenty years in prison.

The Spanish military officer who committed this crime will be considered an author of a crime of military treason and punished with the penalty provided for in the previous article.

CHAPTER III

Disclosure of secrets and information regarding national security and defense

Article 26.

The military officer who committed any of the crimes provided for in Articles 277 or 598 to 603 of the Penal Code shall be punished with the penalty established in the same increase by a fifth of his maximum limit. In the situation of armed conflict or state of siege the penalty will be imposed in one or two degrees.

CHAPTER IV

Attacks on national security or defense resources or resources

Article 27.

The military officer who, for the purpose of attacking the national security or defense resources or resources, committed any of the crimes provided for in Articles 264 to 266 or 346 of the Penal Code will be punished with the penalty (a) to be increased by a fifth of its maximum limit. The same penalty shall be imposed on the person who committed the offence under Article 346 of the Criminal Code, in situations of armed conflict or state of siege, when he does not have the military status.

Article 28.

The military officer who will falsely denounce the existence, in places affected by the Armed Forces or the Civil Guard, of explosive devices or other similar or intentionally hindering transportation, supply, broadcasts or any kind of military mission, will be punishable by six months to six years in prison.

The higher penalty will be imposed to the extent that, in the situation of armed conflict or state of siege, it will commit this crime.

Article 29.

He who will penetrate or remain in a military center, dependency or military establishment against the express or tacit will of his boss, or will violate the security measures established for the protection of those, will be punished with the three months and one day to four years in prison.

CHAPTER V

Non-compliance with military camps in situation of armed conflict or state of site

Article 30.

The one that will refuse to comply or do not comply with the prescriptions contained in the Bandos that the Military Authorities dictate in the situation of armed conflict or state of siege, will be punished with the penalty of three months and one day to six months. years of imprisonment.

CHAPTER VI

Provisions common to previous chapters

Article 31.

1. The military officer who, having knowledge that it is about committing any of the crimes of treason or espionage, will not use the means at his disposal to prevent him will be punished with the penalty of five to fifteen years of imprisonment. If I don't report it to his superiors it will impose the penalty in his lower half.

2. Those involved in a crime of treason or espionage will be exempt if they are reported in time to avoid their consummation.

Article 32.

1. The penalties laid down for the offences provided for in Chapters I to V of this Title or lower penalties shall be imposed when they are also committed against Allied Power.

2. For the purposes of this Code, it is understood that Allied Power is any State or International Organization with which Spain is united by a Treaty or military alliance or defense, as well as any other State or International Organization that it takes party to an armed conflict against a common enemy, cooperate in an armed operation or participate in an international coercive or peace operation in accordance with international law, in which Spain takes part.

Article 33.

The conspiracy, the proposition and the provocation to commit the offences provided for in Chapters I to V of this Title shall be punished with the lower penalty in grade to the respective ones.

CHAPTER VII

Crimes against sentinel, military authority, armed force or military police

Article 34.

He who disobeys or will resist sentinel orders will be punished for three months and one day to two years in prison. If you are ill-treated, you will be punished for four months to three years in prison, without prejudice to the penalty that may be caused by the results of the damage produced in accordance with the Penal Code.

The upper penalties shall be imposed in degree to the respective penalties referred to in the preceding paragraph where one of the following conditions is present:

1. If the fact is verified with weapons or other dangerous means.

2. If the action is executed in an armed conflict situation, site status or in the course of an international coercive or peace operation.

Article 35.

1. The military officer who committed any of the offences referred to in Articles 550 to 556 of the Criminal Code, against military authority, armed force or military police, in his duties as agents of the authority, shall be punished with the penalties provided for, the maximum limit shall be increased by a fifth, except where the condition of authority or function of the active subject of the criminal offence has already been taken into account by the law in describing or sanctioning the offence. This shall be without prejudice to the application of Article 21 of this Code.

2. Those who, in situations of armed conflict, state of siege or in the course of an international coercive or peace operation, will commit these crimes will be punished with the highest penalties in grade to those respectively mentioned in the Penal Code.

3. For the purposes of this Code, it will be understood that the military is armed, which, wearing uniform, provides a regulated service that is legally mandated to be entrusted to the Armed Forces and, in the case of the Civil Guard, that is not In the exercise of functions of a police nature and, in any case, in situations of armed conflict, in a state of siege or when they are integrated into units of the Armed Forces.

CHAPTER VIII

Ulsuits to Spain and injury to the military organization

Article 36.

The military officer who will offend or outrun Spain, his Flag, Himno or any of his symbols or emblems, the Constitution or the King, will be punished with three months and one day to three years in prison. Where the offence is committed with publicity, in the event of a concurrency of persons or in a situation of armed conflict or state of siege, the increased penalty shall be imposed on a fifth of its maximum limit. In any case, the penalty for loss of employment may also be imposed.

The military officer who will offend or outrun military badges or emblems will be punished for three months and one day for a year in prison.

Article 37.

The military officer who will insult the Armed Forces, the Civil Guard, the institutions or certain bodies of the Armed Forces will be punished for three months and one day for one year in prison. The increased penalty shall be imposed on a fifth of its maximum limit where the offence is committed with publicity, to a concurrency of persons or in situations of armed conflict or state of siege.

TITLE II

Crimes Against Discipline

CHAPTER I

Military release

Article 38.

The military who, by express or tacit concert, in number of four or more or who, without reaching this number, constitute at least half of a force, endowment or crew, refuse to obey or do not comply with the orders (a) if the person concerned is not responsible for the service or is threatened, he or she shall be punished with the penalty of two to fifteen years ' imprisonment in the case of those who have been induced, sustained or directed to sedition, of the ringleader who is at the front or, in any case, whether they are non-commissioned officers or military officers In the case of the case-law of the European Union, the Commission has taken a decision on the matter. The penalty for loss of employment will also be imposed.

The penalties referred to in the preceding paragraph shall be imposed, increased by a fifth of their maximum limit, where one of the following conditions is present:

1. The fact that the facts have place in front of the enemy, rebels or seditious, or in critical circumstances.

2. No weapons were used.

3. The fact that the work was mistreated to the higher, without prejudice to the penalties that might correspond to the harmful results produced in accordance with the Penal Code.

Article 39.

The military who, in number of four or more, will make claims or collective petitions in tumult or carrying weapons, will be punished with the penalty of one to six years of imprisonment, in the case of those who have induced, (a) to be held or directed to the sedition, to the leader who is at the front or, in any case, to the senior officers or military officers of the superior category who are involved, and with the sentence of six months to four years in prison in the case of the mere executors. The penalty for loss of employment may also be imposed.

Other claims or collective petitions, as well as clandestine meetings to deal with service issues, if they put in serious risk the maintenance of the discipline, will be punished with the penalty of three months and a Six months in prison; in another case, they may be punished by military disciplinary action.

Article 40.

1. If the seditious persons depose their attitude to the first intimation or before it they shall be punished with the lower penalty in grade to that corresponding to the offence committed.

2. The provocation, the conspiracy and the proposal for the execution of the crimes provided for in this Chapter will be punished with the lower penalty in one or two degrees to which it would correspond to them.

Article 41.

The military who does not take the necessary measures or will not use the rational means at his disposal to contain the sedition in the forces at his command will be punished with the prison term of six months to six years, being able to impose himself, plus, the penalty of job loss. If, having knowledge that it is about committing this offence, I will not report it to your superiors, you will impose the prison term in your lower half.

CHAPTER II

Insubordination

Section 1. Insult to top

Article 42.

1. The military man who will mistreat a superior or attend to his freedom or sexual indemnity, will be punished with the sentence of six months to five years of imprisonment, being able to impose, moreover, the penalty of loss of employment and without prejudice to corresponds to the results of the harmful results produced or the attacks and other attacks on the freedom or sexual indemnity effectively committed, in accordance with the Penal Code.

2. Ten to twenty years of imprisonment shall be imposed, provided that the event occurs:

1. º In situation of armed conflict or state of site, and will be executed in service or on occasion of this.

2. Front of the enemy, rebels or seditious, or in critical circumstances.

3. The penalties indicated shall be imposed in their lower half of the military person who would hand over a weapon or execute acts or demonstrations with a tendency to mistreat a superior.

Article 43.

The military officer who, without incurring the offences provided for in the previous article, will, in his presence or in the presence of persons, seriously threaten, slander or injure a superior, in writing or with publicity, will be punished with six months to three years in prison. When these circumstances do not exist, the penalty will be imposed in its lower half.

Section 2. Unobedience

Article 44.

1. The military officer who refuses to obey or does not comply with the legitimate orders of his superiors regarding the service will be punished with the penalty of three months and one day two years in prison. If it were orders relating to the arms service, the sentence of six months to six years in prison will be imposed.

2. When the disobedience takes place in a situation of armed conflict, state of siege, in front of the enemy, rebels or seditious, or in critical circumstances, it will impose the penalty of five to fifteen years of imprisonment.

3. However, in no case shall the military incur any criminal responsibility for disobeying an order entroting the execution of acts which are manifestly a criminal offence, in particular against the Constitution, or a clear, clear infringement and end of a rule with a range of law or international law of armed conflicts.

4. For the purposes of this Article, it shall be understood as superior to those in the organic or operational structure, or to whom it exercises authority, command or jurisdiction by virtue of the position or function it holds as a holder or by regulatory succession.

CHAPTER III

Abuse of authority

Article 45.

The superior who, by abusing his or her powers of command or his position in the service, will irrogate a serious injury to a subordinate, force him or her to benefit from the interest of the service or arbitrarily prevent him from exercising of any right will be punishable by three months and one day to three years in prison.

Article 46.

The superior who will mistreat a subordinate will be punished with the penalty of six months to five years in prison, without prejudice to the penalty that corresponds to the results of the damage produced according to the Penal Code.

Article 47.

The superior who will treat a subordinate in a demeaning, inhuman or humiliating manner, or perform acts of sexual assault or abuse, will be punished with the sentence of six months to five years in prison, and the penalty can be imposed. of loss of employment, without prejudice to those arising from the resulting injury or the assaults and other attacks on the freedom or sexual indemnity actually committed, in accordance with the Criminal Code.

Article 48.

The superior who, in respect of a subordinate, will carry out acts of sexual and sexual harassment as well as professional, will threaten, coerced, insult or slander, I will seriously attack his privacy, personal dignity or at work, or perform acts involving serious discrimination on grounds of birth, racial or ethnic origin, sex, sexual orientation, religion, belief, opinion, disability or any other personal or social condition or circumstance, shall be punishable by six months to four years in prison, and may be imposed, plus, the job loss penalty.

TITLE III

Crimes relating to the exercise of fundamental rights and public freedoms by the military

Article 49.

The military officer who, without incurring the crimes of insult to superior or abuse of authority, publicly, in places affected by the Armed Forces or the Civil Guard or in act of service, will mistreat another military man, I will treat him Demeaning, inhuman or humiliating, or performing acts of aggression or sexual abuse, shall be punishable by six months to three years imprisonment, without prejudice to the penalties which may correspond to the results of the injury produced or the attacks and other attacks on the freedom or sexual indemnity effectively committed, in accordance with the Criminal Code.

Article 50.

The military officer who, without incurring the crimes of insult to superior or abuse of authority, publicly, in places affected by the Armed Forces or the Civil Guard or in act of service, will prevent or arbitrarily limit another I shall be very much in favour of it. I would like to ask you, Mr President-in-Office of the Council, to give you an opinion on the subject of the European Parliament's report. privacy, personal dignity or at work, will carry out acts involving serious discrimination by reason of birth, racial or ethnic origin, sex, sexual orientation, religion, belief, opinion, disability or any other condition or personal or social circumstance, shall be punishable by six months to two years imprisonment.

TITLE IV

Crimes against service duties

CHAPTER I

Cowardice

Article 51.

1. The military officer who, for fear of personal risk will refuse to remain or position himself, will abandon him, will fail the mission entrusted or will carry out acts capable of instilling panic or producing serious disorder among the force itself, will be punished:

1. With the penalty of ten to twenty-five years in prison, when you have place in front of the enemy, rebels or seditious.

2. º With the penalty of five to fifteen years in prison, when you have place in situation of armed conflict or state of siege, outside of the situations expressed in the previous section, or in critical circumstances.

2. If the author of the offence exercises command, the penalties indicated in his/her upper half shall be imposed.

Item 52.

The military officer who, in a situation of armed conflict, state of siege or critical circumstances and for fear of personal risk, to excuse himself from his post or mission, to simulate illness or injury, to produce or use any He will be punished with the same end, he will be punished for three years and one day to ten years in prison.

Article 53.

1. The military officer who, for fear of personal risk, will deliver, surrender or abandon the enemy, rebels or sediments, military establishment or facility, post, ship, aircraft, force or other human or material resources under his command, without having exhausted all the means of defense that demand their duties and military obligations or the orders received, will be punished with the penalty of ten to twenty years of imprisonment.

2. The military man who in the capitulation will establish for himself more advantageous conditions will be punished with the penalty of three to ten years of imprisonment, and with the prison term of six months to six years if such conditions are stipulated in favor of another or other without sufficient reason, the penalty for loss of employment may also be imposed.

Article 54.

Outside of the previous cases, the military officer who, for fear of personal risk, will violate a military duty established in Organic Law 9/2011, of July 27, or in the Organic Law 11/2007, of October 22, whose nature requires Facing the danger and overcoming the fear, he will be punished with four months to four years in prison. In the situation of armed conflict or state of siege, the prison sentence of one to six years will be imposed. In both cases, the penalty for loss of employment may also be imposed.

CHAPTER II

Disloyalty

Article 55.

The military officer who, on matters of service, knowingly diere false information or excidiere certificado in a different sense to the one that will be found will be punished with the penalty of six months to four years of imprisonment. In the situation of armed conflict or state of siege, prison sentences of three to ten years will be imposed. In any case, the penalty for loss of employment may also be imposed.

In all the assumptions foreseen in this article, the lower penalty will be imposed in degree when the culprit will recant, manifesting the truth in time for it to take effect.

CHAPTER III

Crimes against the duties of presence and service delivery

Section 1. Destination or Residence Abandon

Article 56.

1. The military officer who, in breach of the current regulations, will leave his Unit, destination or place of residence for more than three days or will not be present, being able to do so, will be punished with the penalty of three months and one day to two years of imprisonment.

2. In situations of armed conflict or state of siege, the absence of the military officer or his lack of incorporation for longer than twenty-four hours will be punishable by imprisonment of three to six years.

3. For the purposes of calculating the time limits, it shall be counted from the moment when the absence or lack of incorporation is produced, until the time when the presentation takes place.

Section 2

Article 57.

The military officer who, in the spirit of permanently subtracting himself to the fulfilment of his obligations, will be absent from his Unit, destination or place of residence, or will not appear, being able to do so, when he has the obligation to carry out his In addition, he will be punished, as a deserter, with the penalty of one to four years in prison, and the penalty of job losses can be imposed. In situations of armed conflict or state of siege it will be punished with the penalty of five to fifteen years of imprisonment.

Section 3. Special Duty Break-in-Presence

Article 58.

1. The military officer who will be absent or will not present himself, failing to comply with the current regulations, in front of the enemy, rebels or sedients, whatever the duration of the absence, will be punished with the penalty of four to ten years in prison. If the event takes place in critical circumstances, it will impose the penalty of six months to three years in prison.

2. The military officer who will remain on the ground, in breach of the rules in force, at the departure of the vessel or aircraft of whose endowment or crew is part will be punished with the penalty of three months and one day to six months in prison. If the event takes place in a situation of armed conflict or state of siege, the prison sentence of six months to six years of imprisonment shall be imposed.

Section 4. Unuse voluntary and simulation to exempt from service

Article 59.

The military officer who, in order to be exempted from the service or the performance of his duties or obtain the cessation or a change in the service relationship, shall be inused or consenting to be inused by another person for mutilation, illness or any other Another means, a disease or injury, or I will use any other deception, will be punished with the penalty of four months to three years of imprisonment. The prison sentence of three to ten years shall be imposed when the event has taken place in a situation of armed conflict, state of siege or in critical circumstances.

In the same sentences, the same shall be the case that, knowingly, I shall not use or facilitate the simulation of a military man, with the same purpose as the previous paragraph, imposing the penalty in his superior half if the author is personal. health, without prejudice to the penalties for harmful results produced, in accordance with the Penal Code.

Section 5. Common Disposition

Article 60.

The provocation, conspiracy, and proposition for the execution of the crimes provided for in this Chapter shall be punishable by a lower penalty in one or two degrees to which it would correspond.

However, in situations of armed conflict or state of siege, provocation, conspiracy and proposition, as well as complicity, may be punished with the penalties provided for the perpetrators of the respective crimes.

CHAPTER IV

Crimes Against Command Duties

Section 1. Incompliance with command-inherent duties

Article 61.

1. The military officer with force or unit, Commander of a warship or military aircraft, who shall leave the command for abandonment or undue surrender, shall be punished:

1. With the penalty of ten to twenty-five years in prison, when you have place in front of the enemy, rebels or seditious.

2. º With the penalty of ten to twenty years in prison, when you have place in situation of armed conflict or state of siege, outside of the situations expressed in the previous section, or in critical circumstances.

3. With the penalty of one to six years in prison, in other circumstances.

2. In addition, it may be possible to impose the penalty of loss of employment or, where applicable, the absolute disablement for command of a warship or military aircraft.

Article 62.

It will be punishable by three years and one day to ten years in prison for the military with command of force or unit, Commander of warship or military aircraft that, in situation of armed conflict:

1. I will stop carrying out a combat mission, refrain from fighting or persecuting the enemy, or I will not use, in the course of military operations, all the means required to carry out his duties and obligations or orders received.

2. Place the square, establishment, military installation, ship, aircraft, post or force to their orders, be surprised by the enemy or cause serious damage to the service, for not having taken the preventive measures according to their military duties and obligations or the orders received, or shall not render material of war, documentation or resources important to the national defense when there is a danger that they may fall into the enemy's power.

Article 63.

1. A military officer with a command of force or unit, Commander of a warship or military aircraft which shall cease to undertake the mission entrusted or shall not fulfil his duties and obligations or the orders received relating to the mission, shall be punished by the two to eight years in prison, when he has a situation of armed conflict or a state of siege, and with the prison sentence of one to six years in other cases. In addition, the absolute disablement penalty may be imposed for the command of a warship or military aircraft.

2. These same facts, committed by serious recklessness, will be punished with the penalty of three months and one day to two years in prison. In the situation of armed conflict or state of siege, the prison sentence of six months to four years will be imposed.

Article 64.

The military officer with command of force or unit, Commander of warship or military aircraft that did not maintain due discipline in the forces at his command, will tolerate his subordinates any abuse of authority or extradition of his or her faculties or does not proceed with the necessary diligence to prevent a military offence shall be punishable by three months and one day to four years in prison, and may be imposed, in addition, the penalty of loss of employment or, where appropriate, that of absolute disablement for the command of a warship or military aircraft.

Section 2. Miss Command Exercise

Article 65.

1. The military officer who, in the exercise of the command, is arbitrarily exceeded by his or her faculties or, preying on his employment, position or destination, shall commit any other serious abuse punishable by three months and one day to two years in prison. If I use or order to exercise against any person that is unnecessary or will order, permit or make illicit use of the weapons, it will be punishable by four months to four years in prison. All this without prejudice, where appropriate, to the penalty for the resulting harmful results, in accordance with the Penal Code.

2. The sentence of three months and one day shall be imposed on a year of imprisonment for the military officer who mischievously and maliciously takes on or has a command or a destination.

Article 66.

The military officer who will expose the unit, ship or aircraft to his command to unnecessary risks for the performance of his mission will be punished by three months and one day to two years in prison or, where appropriate, the penalty of disablement. absolute for the command of a warship or a military aircraft. If the transcendence is not serious, it will be sanctioned by military disciplinary action.

CHAPTER V

Service Brokenness

Section 1. Service Abandon

Article 67.

1. The military man who will leave a weapons service will be punished:

1. With the penalty of ten to twenty years in prison, when you have place in front of the enemy, rebels or seditious.

2. º With the penalty of five to fifteen years in prison, when you have place in situation of armed conflict or state of siege, outside of the situations expressed in the previous section, or in critical circumstances.

3. In other cases, with the penalty of three months and one day to two years in prison.

2. The abandonment of any other service, when it has place in situation of armed conflict or state of siege, in front of the enemy, rebels or seditious or in critical circumstances, will be punished with the penalty of six months to six years of imprisonment.

3. The military officer who will not present himself to the services mentioned in the previous numbers, or fails to fulfil his obligations, causing serious harm to the service, will be punished with the penalties provided for in his lower half.

Section 2. Crimes against sentinel duties

Article 68.

1. The sentinel who will leave his post will be punished:

1. With the penalty of ten to twenty-five years in prison, when you have place in front of the enemy, rebels or seditious.

2. º With the penalty of ten to twenty years in prison, when you have place in situation of armed conflict or state of siege, outside of the situations expressed in the previous section, or in critical circumstances.

3. In other cases, six months to six years in prison.

2. The sentinel who fails to fulfil his obligations, causing serious damage to the service, shall be punished with the penalties referred to in the previous paragraph in his lower half.

Article 69.

The military man who fails to carry out his duties as an officer in charge of air space surveillance, traffic control, aircraft driving or maritime or air navigation aids, will be punished with the penalty of one to six years in prison. In situations of armed conflict, state of siege or in critical circumstances will impose the prison sentence of ten to twenty years in prison.

Section 3. Embryaguez and toxic drug poisoning in act of service

Item 70.

The military officer who, in the act of weapons service, willfully or recklessly inebriate or consume toxic drugs, narcotic drugs or psychotropic substances, so that his ability to lend it will disappear or diminish, will be punishable by three months and one day to a year in prison.

When the fact is committed by a military officer who, in any act of service, exercised the command, the prison sentence of six months to two years shall be imposed.

CHAPTER VI

Failure to Defend the Duty of Relief

Article 71.

1. The military officer who does not rescue, may do so, by force, unit, warship or Civil Guard or military aircraft, national or allied, who shall be in danger, shall be punished:

1. º With the penalty of five to fifteen years in prison, when you have place in situation of armed conflict or state of siege.

2. In other cases, with the penalty of two to eight years in prison.

2. The penalty shall be imposed respectively on the preceding number, in its lower half, in the case of any other vessel or aircraft which is in danger.

3. The military officer who does not rescue, being able to do so, by force, unit, ship or aircraft enemy in danger, when they have offered his surrender, will be punished with the sentence of four months to four years of imprisonment.

4. The same penalties will be imposed on the military who, prevented from providing relief, being able to do so will not demand emergency help from others.

Article 72.

1. The military man who will not be able to rescue him, and may do so, the partner who will be in serious danger, will be punished for three months and one day to two years in prison. In the situation of armed conflict or state of siege, the prison sentence of six months to six years will be imposed.

2. The military officer who, during the performance of a mission of collaboration with public administrations in the cases of grave risk, catastrophe, calamity or other public needs, committed the crime of Article 195 of the Penal Code, will be punished with the penalties established there, increased by a fifth of their maximum limit, without prejudice to the application of Article 21 of this Code.

3. The same sentences will be imposed on the military officer who, prevented from providing relief, will not demand emergency help from others.

CHAPTER VII

Crimes against Service Effectiveness

Article 73.

The military officer who, in a situation of armed conflict or state of siege and due to serious recklessness, will cause in property affections to the Armed Forces or Civil Guard the damages provided for in Articles 264 to 266 of the Penal Code, the means or resources of the National Defense or Security fall into the power of the enemy, or seriously harm a military operation, will be punished with the penalty of six months to four years of imprisonment. Out of the situation of armed conflict or state of siege will impose the prison term of three months and one day to two years or fine of two to six months.

When damage is caused by shipwreck, boarding or stranding, improper landing or collision with another aircraft, or the loss of a warship or military aircraft will occur, the penalty may be imposed. absolute disablement for the command of a warship or military aircraft.

Article 74.

The military officer who does not comply with a general slogan or by recklessness will cease to observe a received order will be punished, in a situation of armed conflict or state of siege, with the prison sentence of four months to three years. In other cases, if there is serious harm or injury and serious risk or damage to the service, the penalty shall be imposed for three months and one day to six months ' imprisonment or a fine of two to six months.

However, in no case will the military incur any criminal responsibility for disobeying an order that involves the execution of acts that are manifestly a crime, in particular against the Constitution, or an infringement. is clear and clear of a rule with a range of law or international law on armed conflict.

Article 75.

It will be punishable by three months and one day to two years of military prison that:

1. I will execute or not prevent in place or establishment affect the Armed Forces or the Civil Guard acts that may produce fire or havoc, or will cause a serious risk to the security of the force, unity, establishment, warship, Civil Guard vessel or military aircraft.

2. º Embarcare on warship or military aircraft toxic drugs, narcotic drugs or psychotropic substances.

3. Incomplière, with violation of the provisions of the Organic Law 9/2011 of July 27, of rights and duties of the members of the Armed Forces or in the Organic Law 11/2007, of October 22, regulating the rights and duties of the members of the Civil Guard, their fundamental military duties, or the essential technical duties of their specific function, causing serious harm to the service, without prejudice to the penalty for the results of the injury produced in accordance with the Criminal Code. Where the facts described in this paragraph are committed for serious recklessness, the sentence of three months and one day shall be imposed for a period of six months or a fine of two to six months.

Article 76.

The military officer who committed any of the crimes provided for in Articles 368 to 371 of the Penal Code in facilities affected by the Armed Forces or the Civil Guard, warships, Civil Guard vessels, aircraft military, camps or during exercises or operations, shall be punished with the penalties established there increased by a fifth of its maximum limit, except where the place of commission or the condition of authority or function of the active subject of the crime has been taken into account by the Code in describing or sanctioning the offence. This shall be without prejudice to the application of Article 21 of this Code.

Articles 372 to 378 of the Criminal Code shall also be applicable by the Military Courts.

Article 77.

1. The military officer who, for serious recklessness and during the execution of an act of service of arms, will cause death or injury constituting a crime, will be punished with the custodial sentences respectively mentioned in the Penal Code for the homicide or reckless injury, increased by a fifth, at its minimum and maximum limits, without prejudice to the provisions of Article 21 of this Code.

Outside the act of weapons service, the professional recklessness with the results expected, will be punished with the same penalties.

2. If the recklessness is not serious, the sentence of three months and one day to six months imprisonment or fine of two to six months shall be imposed.

Article 78.

It will be punishable by three months and one day to six months in prison or fine of two to six months the military one who for gross recklessness:

1. º Extraviare weapons or war material, procedures or official documentation, which you have in your custody for the purpose of your office or destination.

2. ° I shall give rise to the evasion of prisoners of war, prisoners or detainees, whose conduct or custody is entrusted to them.

CHAPTER VIII

Crimes against other duties of the service

Article 79.

The military officer who will use publicly and intentionally uniform, foreign currency, flags or military badges, medals or decorations that he has no right to use, will be punished with the penalty of three months and one day to a year in prison.

Item 80.

The military officer who, obliged to do so, will cease to promote the pursuit of crimes of the jurisdiction of the Military Jurisdiction or who having knowledge of his commission will not immediately put him knowledge of his superiors, or not report to the competent authority, shall be punishable by three months and one day to one year in prison.

TITLE V

Crimes Against Heritage in the Military Field

Article 81.

1. The military officer who, simulating needs for the service or economic rights in favor of the staff, will request the allocation of budget credit for alleged attention, will be punished with the prison term of three months and one day to two years.

2. If the amounts thus obtained are applied for their own benefit, the sentence of two to ten years ' imprisonment shall be imposed, which shall be graduated by the Tribunal, with special attention to the profit obtained.

Article 82.

1. The military officer who committed the crimes of theft, theft, misappropriation or damages provided for in the Penal Code in relation to the regulatory equipment, materials or effects that he has under his or her custody or responsibility for the reason of his or her position or destination, will be punished with the penalties laid down in the Criminal Code for such crimes imposed in its upper half.

2. If the military does not have the equipment, material or effects, affected in the service of the Armed Forces or the Civil Guard, in its custody or responsibility, the minimum limit of the penalties provided for in the Penal Code shall be increased by a fifth.

3. If it is a matter of war material or weapons, whatever its value and the author, even if the author does not have the status of a military officer, the increased penalty will be imposed on a fifth of its maximum limit.

4. Article 21 of this Code shall apply where appropriate.

Article 83.

The military officer who, prevalding his condition, seeks interests in any kind of contract or operation that affects the military administration or committed the crime provided for in Article 441 of the Penal Code, will be punished. With the penalty of three months and one day to three years of imprisonment, it can be imposed, in addition the penalty of loss of employment.

Article 84.

The individual or employer who, in situations of armed conflict or state of siege, having contracted with the Military Administration, shall in his/her integrity fail to meet or comply with defective conditions that the purpose of the contract, when the interests of the national defense are affected, will be punished with the penalty of one to eight years in prison. The ancillary consequences provided for in Article 129 of the Criminal Code may also be imposed.

Article 85.

The one who, with a profit motive and with knowledge of the commission of a crime against the patrimony in the military field in which he has not intervened neither as an author nor as an accomplice, helps those responsible to take advantage of the effects of the same or receive, acquire or hide such effects, shall be punished with the penalties and measures provided for in each case by Articles 298, 303 and 304 of the Penal Code.

Additional disposition first.

The Government, within two years of the entry into force of this law, will forward to the Congress of Deputies a draft of the Organic Law of Reform of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction.

Additional provision second.

The cars and sentences handed down by the military, one-person and the collegiate judicial organs will be public, following the same system of publication as the other judicial decisions.

To this effect, the Government will dictate the appropriate provisions to ensure such publicity.

First transient disposition. Application of the most favourable criminal law.

The punishable acts committed until the entry into force of this Code will be punished in accordance with the Military Penal Code that is repealed, unless the provisions of the new Military Criminal Law are more favorable for the inmate, in where applicable, after hearing of the case.

For the determination of the most favorable law, it will be taken into account the penalty that would correspond to the fact that the fact is applied with the application of the complete norms of one or other code, as well as the possibility to impose measures of security.

Second transient disposition. Trade review of firm sentences.

Firm judgments not executed in whole or in part that have been issued prior to the validity of this Code, in which the absolution or a more beneficial conviction has been granted, shall be reviewed ex officio. for the enforcement of its provisions and not for the exercise of judicial arbitration.

All without prejudice to the fact that the Judge or Court which in the future may take them into account for the purpose of reoffending must examine in advance whether the fact of the offence is no longer a criminal offence or a penalty less than the one imposed under this Code.

Transitional provision third. Application of more favorable rules in sentences that have not gained firmness.

In judgments given in accordance with the legislation which is repealed and which are not firm to be found pending appeal, the provisions of this Code shall apply ex officio or at the request of a party, where they are more favourable to the reo, after hearing the same.

Transitional disposition fourth. Appreciation of the recidivism aggravation.

For the purposes of the assessment of the aggravation of recidivism, the same title of the new Code shall be understood as those offences provided for in the legal body which is repealed and which have the same name and attack of the the same way as the same legal system.

Single repeal provision.

The Organic Law 13/1985 of 9 December, of the Military Penal Code, is repealed, as well as how many provisions are contrary to the provisions of this Organic Law.

The final paragraph of Article 13 of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction is hereby repealed.

Final disposition first. Amendment of the Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction.

The Organic Law 4/1987, of July 15, of the Competition and Organization of Military Jurisdiction is amended in the following sense:

One. The references that this organic law makes to the locution "war time" shall be construed as references to the expression "in the situation of armed conflict".

Two. A new paragraph 1a is added to Article 12, with the following text:

" 1.bis. Those provided for in Chapters I to VIII of Title XX of the Second Book of the Criminal Code, committed in connection with military crimes and procedures or with respect to military judicial organs and military prison establishments. "

Three. The final paragraph of Article 13 is not contained.

Four. Article 23 (2) is worded as follows:

" 2. Of the instruction and prosecution in a single instance of the procedures for crimes and non-disciplinary faults, which are of the competence of the Military Jurisdiction, against the General Captains, Army Generals, General admirals and Air Generals, General Lieutenants and Admirals, whatever their military situation, members of the Central Military Tribunal, Togolese Prosecutor, Prosecutors of the Military Chamber of the Supreme Court, and Prosecutor of the Central Military Tribunal. "

Five. Article 23 (5) is worded as follows:

" 5. Of the military disciplinary proceedings against sanctions imposed or reformed by the Minister of Defense, or imposed, confirmed or reformed by the Government Chamber of the Central Military Tribunal. "

Six. The first and second paragraphs of Article 27 are worded as follows:

" The Magistrates from the Military Legal Body will be appointed by Royal Decree, endorsed by the Minister of Justice and on a proposal from the General Council of the Judiciary, among General Togolese And General Councilors. Auditors with aptitude for promotion, in active service situation.

For the purpose of the motivation of the nomination proposal, the General Council of the Judicial Branch will request, prior to the candidates, an exhibition of its merits, as well as the Ministry of Defense, the documentation that your case considers necessary. "

Seven. The first, second and third paragraphs of Article 37 are worded as follows:

" The Auditor President of the Central Military Tribunal will be appointed by Royal Decree, on a proposal from the General Council of the Judiciary, among General Elected Members and General Auditors in active duty. The presentation to Royal Decree will be made by the Ministers of Justice and Defense, which will endorse the appointment.

The members of the Central Military Tribunal shall be appointed by Royal Decree, on a proposal from the General Council of the Judiciary, or the Governing Chamber of the Central Military Tribunal, between General Auditors or, failing that, General officers of the Military Legal Corps in reserve, whose appointment will not determine change in their administrative situation. In no case will there be less than two Togolese Vocals in activity. The presentation to Royal Decree will be made by the Ministers of Justice and Defense, which will endorse the appointment.

For the purpose of the motivation of the nomination proposal, the General Council of the Judicial Branch will request, prior to the candidates, an exhibition of its merits, as well as the Ministry of Defense, the documentation that your case considers necessary. "

Eight. The first paragraph of Article 38 is worded as follows:

"In cases where the President Auditor cannot act for legal reason, he will replace the older Togolese Vocal from among those on active duty."

Nine. Article 42 is worded as follows:

"The Governing Board of the Central Military Tribunal shall be composed of the President and the entire Board of Directors of the Central Military Tribunal, without any replacement of the latter."

Ten. Article 47 is worded as follows:

" The Auditor President and the Togolese Vocals will be appointed by Royal Decree, on a proposal from the General Council of the Judiciary, after a reasoned report by the Government Chamber of the Central Military Tribunal on the merits of the case. professional, academic and scientific-legal of applicants who demonstrate their training and capacity in matters of military jurisdiction, as well as how many incidents they have been able to affect during their professional life and which may be important in assessing their fitness in the performance of the judicial function.

Once such a reasoned report has been sent to the General Council of the Judiciary, the latter will be followed later, in order to decide on the proposals for the appointment, in accordance with its free and discretionary weight, the rules procedural rules to be established by the same procedure, with the result that they are applicable, where they are applicable, which regulate the provision of places of discretionary appointment in the judicial bodies.

The presentation to Royal Decree will be made by the Ministers of Justice and Defense, which will endorse the appointment. "

Once. The second paragraph of Article 54 is worded as follows:

" His appointment shall be made by order of the General Council of the Judiciary, after a reasoned report of the Governing Chamber of the Central Military Tribunal, in the terms and by the procedure expressed in the Article 47. "

Twelve. The second paragraph of Article 63 is deleted.

Thirteen. Article 65 is worded as follows:

" The members of the Military Legal Body, to be appointed as Magistrates of the Military Chamber of the Supreme Court, Presidents or Togolese Auditors of the Military Courts and Military Togolese Judges, must be in an active duty military situation, with the exceptions provided for in this law. "

Fourteen. The numeral 3 of Article 66 shall be worded as follows:

" 3. To arrive at the age indicated to cease in the situation of active service or to cease in the same when moving to another situation by legal disposition or voluntary request and granted. The members of the Central Military Tribunal appointed in a reserve position shall cease when they meet the retirement age. "

Fifteen. Article 71 is worded as follows:

" Except as provided for in Article 63, the instruction and knowledge of the crimes of jurisdiction of the military jurisdiction committed abroad shall correspond to the Military Central Courts and the Tribunal Central Military, as well as the Territorial Military Courts and Territorial Military Tribunal, based in Madrid, according to their respective powers. "

Sixteen. Article 115 is worded as follows:

" The Heads of Independent Unity, Forces highlighted, isolated or with military powers over a territory, as soon as they have knowledge of the commission of a crime of the jurisdiction of the military jurisdiction, by whom they are subordinate or committed on the spot or the demarcation of their powers, they shall inform the competent Military Judge at the earliest opportunity and appoint an Officer of their orders, assisted by the Registrar, to to open the corresponding state. This is without prejudice to any disciplinary powers that may be exercised. "

seventeen. The second paragraph of Article 119 is worded as follows:

" No instructors or secretaries of disciplinary proceedings may be appointed, except as provided for in Articles 122 and 140 of this Law, or administrative files, except in the case of dossiers on the subject of military personnel in a row in relation to those exercising a judicial, fiscal or secretary-relator charge, nor shall they perform functions other than those expressly attributed by law to the guarantee of any right. "

Eighteen. The fourth paragraph of Article 120 is worded as follows:

"The Governing Board of the Central Military Tribunal shall be competent to resolve the cases that arise, giving the General Council of the Judiciary the right to proceed to the end of the destination."

nineteen. Article 123 is worded as follows:

" The imposition of disciplinary sanctions for a very serious lack of regulation in Organic Law 8/2014, of 4 December, of the Armed Forces ' Disciplinary Regime, to the military personnel carrying out judicial functions exclusive to the Government Chamber of the Central Military Tribunal. The same Chamber shall be heard in the case of military personnel carrying out Rapporteurships. When exercising tax functions, the Togolese Prosecutor shall be heard in the file. "

Twenty. Article 127 is not contained.

Final disposition second. Amendment of the Organic Law 2/1989, of 13 April, Processed Military.

The Organic Law 2/1989, of 13 April, is amended in the following sense:

One. The references that this organic law makes to the locution "war time" shall be construed as references to the expression "in the situation of armed conflict".

Two. Article 398 (1) is worded as follows:

"1." 1. Those prosecuted for gross military offence including those referred to in Article 9 (2) (a) and (b) of the Military Criminal Code, punishable by imprisonment with a minimum limit equal to or greater than 10 years, taking into account the penalty that may correspond to the result of the criminal code. "

Final disposition third. Amendment of Law 39/2007 of 19 November of the military career.

Paragraph 1 (a) of Article 112 (1) of Law 39/2007 of 19 November of the military career is worded as follows:

" (a) Condena, in a firm sentence, to the prison sentence of the Military Penal Code or the Penal Code, while being deprived of liberty and without prejudice to the provisions of the Organic Law of the Disciplinary Regime of the Forces Armed, or to the penalties, principal or ancillary, of military suspension of employment or suspension of employment or public office. "

Final disposition fourth. Amendment of Law 29/2014 of 28 November of the Staff Regulations of the Civil Guard Corps.

Paragraph 1 (a) of Article 91 (1) of Law 29/2014 of 28 November of the Staff Regulations of the Civil Guard Corps is hereby worded as follows:

" (a) Condena, in firm judgment, to the prison sentence of the Military Penal Code or the Penal Code, while being deprived of liberty and without prejudice to the provisions of the Organic Law 12/2007, of 22 October, of Regime Disciplinary of the Civil Guard, or to the penalties, principal or accessory, of military suspension of employment or suspension of employment or public office. "

Final disposition fifth. Amendment of Organic Law 8/2014, of 4 December, of Disciplinary Regime of the Armed Forces.

Added to Article 7 of Organic Law 8/2014, of 4 December, of the Armed Forces Disciplinary Regime, the following paragraph:

" 32.bis. To set up a group or organisation to pursue manifestly illegal purposes which violate the essential rules defining the conduct of the military. Affiliate, belong or collaborate with such a group or organization or promote their activities, advertise them, as well as induce or invite other military personnel to do so. "

Final disposition sixth. Competence title.

This law is dictated under the jurisdiction that Article 149.1.6. of the Constitution attributes to the State in matters of criminal law. The first and second final provisions are dictated by the jurisdiction in matters of procedural law, attributed to the State by Article 149.1.6. of the Constitution. The third, fourth and fifth final provisions are, respectively, under the jurisdiction provided for in Article 149.1.4. and 149.1.29. of the Constitution, which it attributes to the State in the field of defence and the Armed Forces and in the field of security public.

Final disposition seventh. Character of ordinary law.

The third final disposition and fourth final disposition have no organic law character.

Final disposition octave. Entry into force.

This Organic Law shall enter into force within three months of its publication in the "Official State Gazette" and shall apply to all punishable acts that are committed as of its validity.

Therefore,

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

Madrid, 14 October 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY