Organic Law 14/2015 Of 14 October, The Military Penal Code.

Original Language Title: Ley Orgánica 14/2015, de 14 de octubre, del Código Penal Militar.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11070

FELIPE VI


KING OF SPAIN
To all who see and hear.

Know: that the Parliament has approved and I hereby sanction the following organic law:
PREAMBLE


I

The approval of the Military Penal Code by Organic Law 13/1985 of December 9, was not a mere reform of military criminal laws but its adaptation to the Spanish Constitution, Article 117.5 developing its proclaiming the principles of legality, guilt, equality and retroactivity of the more lenient criminal law; and initiated the separate coding of organic laws relating to military justice that was to culminate in the Organic Law 2/1989, of April 13, military Procedure, to meet the urgent purpose of reforming the military justice system as constitutional principles.

One of the biggest news of the Military Penal Code of 1985 was that ceased to be a complete or comprehensive Code to become a complementary criminal law of the Penal Code, given its character of special criminal law regarding punitive common text. However, it was not possible to fully achieve this desirable purpose, set out in its preamble, the uncertainty at that time the common criminal codification process, it would have to wait a decade for approval of the existing Criminal Code by Organic Law 10/1995, of 23 November. As a result of this uncertainty, it was able to pass in 1985, despite the enactment of the Organic Law 14/1985, of December 9, a partially complementary Military Penal Code and overextension ordinary compared with models of codes contemporary military.

So, the need to enact a new Military Penal Code derives not only the time since its entry into force and the mandate set out in paragraph 3 of the final disposition 8th of Organic Law 9/2011, of July 27, rights and duties of members of the armed forces, but the nature of special criminal law must welcome in its provisions only the precepts that have no place in the common text or even having it, require some forethought singular to justify joining the military law within the strictly military sphere presiding constitutional recognition.

Indeed, the constitutional doctrine, interpreting Article 117.5 of the Spanish Constitution, estimates that its purpose is to limit the scope of military jurisdiction that are strictly necessary. Concept is identified, in normal times, with exclusively military offenses both its direct connection with the objectives, tasks and aims of the Armed Forces (indispensable for defensive needs of the community as well constitutional), as the need a specific courts for information and eventual repression.

Consequently, the idea that presided over the drafting of the present Military Penal Code is that the legal rights protected by the criminal law must be strictly military purposes based on constitutionally correspond to the armed forces, media posts at their disposal to fulfill their missions and military nature of the obligations and duties whose violation is classified as a military offense.

But there are more reasons to undertake a thorough reform of the Military Penal Code. First, the process of modernization of the military organization, professionalization and culminated in the armed forces, the new organizational model and territorial deployment of the force, and the continued participation of Spanish military units in international missions outside our territory, integrated multinational units or supranational organizations.

Second, it is necessary to comply with the treaty obligations assumed by Spain, particularly on the prevention and punishment of violations of international humanitarian law, as well as those arising from the ratification by Organic Law 6/2000, of 4 October, the Statute of the International Criminal Court.


Third, it is considered necessary to introduce new offenses, which grouped in a separate title, granted criminal protection for the exercise of fundamental rights and public freedoms of the military, by imperative of the aforementioned Organic Law 9/2011 of 27 July, rights and duties of members of the Armed Forces. Reforms to which must be added those of a technical nature derived from experience in the jurisprudential application of the Military Penal Code of 1985 and other terminology to a current and commonly accepted technical legal language adaptation.

For these reasons the development of a comprehensive Military Criminal Code, whose approval will facilitate its practical application, in view of the numerous provisions that should be modified and the significant reduction of its content in both its general part or justified basic principles as its special part or type of crime. Reduction involves the presentation of a military punitive text whose articulated not enough in number half of the articles approved in 1985, as a logical consequence of the principle of complementarity of military criminal law with respect to the common Penal Code and in line with current models military penal codes or laws of the countries in our socio-cultural and assiduous relationship in the field of national defense.


II
The new legal text is divided into two books, the first devoted to general provisions and the second to define the offenses and the establishment of their sentences. It is well articulated appreciable reduction in the book first, because the supplementary application of the Criminal Code, to the military of numerous unnecessary provisions have refined deepening the above principle of complementarity of military criminal law.

Title I of Book One regulates, first, the scope of the Military Penal Code, with separation of military disciplinary infractions. The first article proclaims the supletoriedad of the Penal Code and the application, in any case, of Title preliminary allowing omit any reference to criminal principles already recognized in the common punitive text.

The application of this Code to members of the Civil Guard is regulated so detailed in the same provision, excluding military jurisdictional scope for hearing actions or omissions encuadrables in the acts of service performed in the exercise of nature of police functions.

Interpreting Article 7a of the Military Penal Code repealed, the jurisprudence of the Fifth and Court of Disputes of the Supreme Court Chamber considered that such legal body should apply when members of the Civil Guard, since their military, conduct facts affecting legal interests of residing military order especially in the discipline, the hierarchical relationship, unity and internal cohesion, protection of the means and resources made available or the performance of functions and performance of essential duties not encuadrables in police services. Thus, in normal situations it has been chosen to determine the application of its provisions to members of the Civil Guard, for those legal rights that can not be defeated criminal protection in a body of military nature, such as protected in Title II (disciplinary offenses) and offenses against the security and defense national (Title I), offenses relating to the exercise of fundamental rights and public freedoms (Title III) and crimes against the duties of service (Title IV). In the cases provided for in Titles I, III and IV those actions or omissions that were encuadrables in themselves acts of service performed in the exercise of police functions of nature are excluded.

References to the Military Penal Code repealing performed to the phrase "wartime" are replaced by the use in certain crimes of expression "in situations of armed conflict", in accordance with the concept and terminology employed by the Geneva Conventions of 12 August 1949, the Additional Protocols and consolidated in the field of international humanitarian law jurisprudence.

Moreover, the definitions that traditionally lead the military code, such as military, military Authority, sentinel, superior, acts of service, enemy or order, among others, updated in accordance with the requirements arising from remain the internal or international law ratified by Spain, and the details provided by the case law and doctrine.


Title II is dedicated to regulate the military offense, central concept of this Code around which the specialty of military criminal law and the complementary nature of the Penal Code is built. Thus, the notion of military offense covers not only specifically defined in the special part (Book II) of the military code and military crimes, but also those behaviors that damage strict or essentially military legal interests incriminated in the common criminal law, provided they are qualified by the military status of the author and also for its special condition to the interests of the service and efficiency of the military organization. In this conception due consideration as military offenses of treason and crimes against persons and property protected in the event of armed conflict, when committed by a military with abuse of authority and violation of the duties established in the Organic Law 9 / 2011 of July 27, rights and duties of members of the Armed Forces or the Organic Law 11/2007 of 22 October, regulating the rights and duties of members of the Civil Guard. consideration of military offense of rebellion is also attributed only in international armed conflict.

In military offenses recognized as highly qualified extenuating circumstance or another unjust provocation by the superior performance that has occurred in the slave outburst, blindness or other similar passionate state. recidivism is also defined, for the purposes of this Code.

Title III regulates penalties, classes, effects, compliance and enforcement rules. It is remarkable simplification of the penological system and its adaptation to the Criminal Code, including classification serious and less serious penalties. the place of performance, military prison, the prison sentences imposed on military and specialties planned for the situation of armed conflict is also determined. As a novelty the penalty of a fine, which is incorporated as an alternative punishment for certain intentional crimes are established, the penalty of permanent location and revocation of promotion.

In the application of penalties the military courts follow the same rules outlined in the Penal Code and give reasons in criminal sentencing individualization.

When set as imprisonment the sentence of three months and one day minimum sentence, it empowers the Court to reduce it by one or two degrees, where appropriate under the rules of the Penal Code, but may not be less than two months and one day, in order to differentiate it from the maximum penalty sixty days of arrest under the military disciplinary system.

Replacing the common penalty work for the benefit of the community is determined, unsuitable to be fulfilled in the military field, the penalty of permanent location in the Criminal Code.

Military courts granted the authority to implement alternative forms of enforcement of custodial sentences and are empowered to apply security measures and ancillary consequences under the Criminal Code.

Because supplementary application of the relevant rules of the Penal Code, under the principle of complementarity, disappears in this Code any reference to the rules on termination of criminal responsibility and liability subsidiary of State.


III
The Second Book, "Crimes and Penalties", defines military offenses and establishes penalties through his five titles where specifically military criminal offenses are collected with a precise definition, respects the principle of legality and taxatividad, properly refined and updated. In some crimes, to avoid problems alternativity and annoying repetitions, it contains a simple reference to the typical description under the Penal Code, under the principle of complementarity presiding this Code.

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

Chapter I typifies the self-employed certain conduct constituting the crime of military treason, not be provided for the crime of treason the Penal Code and punishes them for their seriousness, with the maximum term of imprisonment provided for in this Code. In Chapter II military espionage punishable as a specific military offense.


In Chapter III, the disclosure of secrets and information concerning the National Security and Defense refers to behavior and punishable under the Criminal Code to increase the penalty in situations of armed conflict or state of siege. The same technique of referral to the Criminal Code and identical punitive consequences are used in Chapter IV in connection with the crimes of attacks against the media or resources of the National Security and Defense. In this chapter, among others, the search dependency or military establishment is punished.

Chapter V makes it a military offense to breach of military camps in situations of armed conflict or state of siege and Chapter VI, under the heading of Common provisions, incriminates certain conducts relating to offenses of treason and espionage, allied power (defining) and preparatory acts (conspiracy, proposition and provocation).

Chapter VII crimes against sentry, military authorities, armed forces (defining) and military police are grouped, picking their specialties in armed conflict, state of siege or in the course of an international operation or coercive peace.

The outrages to Spain (the flag, anthem or its symbols or emblems), the Constitution or the King and insulting the military organization incriminating in Chapter VIII when a person has the military condition.

The most characteristic core of military criminal offenses consists of offenses against discipline, which are grouped in Title II.

The collective breakdown of military discipline is punishable as a crime of military sedition in Chapter I, incriminating behavior of different severity and preparatory acts. It is expected to be less serious conduct punishable in military disciplinary proceedings.

Typifies Chapter II under the heading of insubordination insult to superior and disobedience. In insult to top, besides the classic mistreatment of work, it has been added the criminalization of attacks against freedom or sexual indemnity.

In the crime of disobedience, described in well established by case law terms exemption from criminal liability is contemplated, similar to that provided for in the Penal Code and the Statute of the International Criminal Court, for disobeying orders involving the execution of acts clearly constitute crimes, particularly against the Constitution, or a manifest infringement, clear and strict of a rule of law or international law of armed conflict. For the purposes of this crime a definition of superior concordant with the established in the Organic Law 9/2011, of July 27, rights and duties of members of the Armed Forces is incorporated.

Chapter III incriminates the abuse of authority by punishing, among other behaviors, labor abuse, degrading, inhuman or humiliating treatment, acts of aggression or sexual abuse, both acts of sexual harassment and gender as professional, threats, coercion, slander and defamation, and attacks on privacy, personal dignity and work and discriminatory acts.

One of the most important developments of this Code is the incorporation of Title III punishing offenses relating to the exercise of fundamental rights and public freedoms by the military, providing adequate penal protection to those rights and freedoms while fulfills the mandate expressed in paragraph 3 of the final eighth provision of the Organic Law 9/2011, of July 27, rights and duties of members of the Armed Forces.

The largest of the Titles of the Military Penal Code (Title IV) grouped in eight chapters crimes against the duties of the service. Chapter I incriminates qualified cowardice by a subjective element of the unjust: fear of personal risk that violates an enforceable duty military who possesses the military condition.

Disloyalty integrates the content of Chapter II, chastising the false military information that are provided for the mitigating effects of withdrawal.

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

The classic crime of desertion is characterized by the concurrence mood permanently escape compliance with military obligations which qualifies the absence or non presentation at the unit, destination or place of residence.


Conducts particularly incriminated in this chapter are the special breaches of duty of presence and absence against the enemy, rebel or seditious or in critical circumstances, stay ashore on leaving the ship or aircraft, as well as voluntary disablement and simulation to exempt the service. Chapter closes with a common provision that punishes preparatory acts.

Chapter IV punishes crimes against the duties of command sanctioning, first, breach of their duties in various situations of armed conflict or state of siege. is also regulated specially command responsibility and tolerance is punished to abuses of authority, abuse of authority and military crimes committed by their subordinates. Completing this Chapter typing abuse of authority in the exercise of command and unity exposure to unnecessary risks.
Breaches service
up the contents of Chapter V incriminating, first, abandonment of service weapons or other services under certain circumstances. Regulated, secondly, crimes against the duties of sentinel as dereliction of duty, breach of its obligations to service serious damage to or failure of supervisory duties airspaces. Finally, drunkenness or drug addiction in action or exercising control arms is sanctioned.

Chapter VI punishes the dereliction of duty relief committed by the military, since the most reprehensible behavior because it is dangerous situations of armed conflict or state of siege to the fact incrimination stop succor the fellow grave danger. It is also sanctioned by reference to the Criminal Code the omission of relief committed by the military on a mission of collaboration with the government.

One of the chapters that incorporates major innovations of this Code is related to the crimes efficiency in service (Chapter VII). Ranging from reckless behavior to violations of military duties that directly affect the legally protected: the development effectiveness of strictly military tasks. So punished, first, certain damages under the Criminal Code perpetrated by military and other harmful acts committed gross negligence. Included in the definition of such damages those caused by shipwreck, collision, grounding, improper landing or collision with another aircraft to incriminate those most characteristic nautical crimes contained in the missing Title VII of the Military Penal Code of 1985 on crimes against service duties related to navigation.

Second, the willful default of a general slogan is sanctioned, the reckless disregard of an order received and a number of specific behaviors that could be defined as actions risk or willful default of basic military duties, causing serious damage to the service.

The innovation demanded by the criminological reality and abundant examples in comparative law, is the criminalization of illegal trafficking of toxic drugs, narcotics or psychotropic substances with reference to the types of the Criminal Code, when such acts are committed by a military in military, ships, aircraft, camps or during exercise facilities. Undoubtedly circumstances affecting efficiency in service delivery and involve an obvious choice for those using weapons and means whose management requires a special duty of care, so that the punishment for this crime should be incorporated into risk strictly military sphere.

Another prominent crimes that typifies this Chapter is recklessness in action weapons resulting in death or injury constitute a crime, with remission for punishment to the penalties prescribed in the Penal Code for murder or reckless injury.

Finally, Chapter VIII incriminates the misuse of military uniforms or badges which qualifies as a crime against other service duties.

Also specifically punishes the military to cease to promote the prosecution of crimes or not utter it.

Title V of the Second and final part of this Code refers to crimes against property in the military field. Beside classic offenses, such as credit application for alleged care, incriminating with reference to the rates provided for in the Criminal Code offenses of theft, robbery, misappropriation and damage committed by the military in regard to regulatory equipment, materials or effects.


Typing undue influence of a military interests is completed to procure a contract affecting the Military Administration with reference to the offense under Article 441 of the Penal Code to complete the punishment of these reprehensible behavior.

It is also criminal penalties for breach of contract in case of armed conflict or state of siege, when they are affected the interests of national defense. The title ends with the specific incrimination of receiving, which refers to punishment penalties and measures provided for in the Penal Code.
IV


This Code are incorporated two additional provisions and appropriate transitional and repeal provisions.

The first final provision modifies numerous and important precepts of the Organic Law 4/1987, of 15 July, of Competition and Organization of the Military Jurisdiction, by regulating the intervention of the General Council of the Judiciary in appointments members of the military courts. The second final provision amends various provisions of the Organic Law 2/1989, of April 13, Procedural Military.

The third and fourth final provisions made necessary adaptations of the articles of Law 39/2007, of 19 November, the military career and Law 29/2014 of 28 November on Personal Body Regime Civil Guard regarding the effects of military suspension penalty employment.

The fifth final provision modifies and adds a new grave to the Organic Law 8/2014, of December 4, Disciplinary Regime of the Armed Forces lack.
V


In its processing, this organic law, as a blueprint, was informed by the professional associations of the Armed Forces and Civil Guard, the General Council of the Judiciary, the Fiscal Council, the Staff Council of the Armed Forces, the Council of the Civil Guard and the State Council.
FIRST BOOK

General provisions

TITLE
I

Scope of the Military Penal Code and definitions
Article 1


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

2. The provisions of the Penal Code shall apply to military offenses as additional matters not expressly provided by this Code. In any case shall apply the Preliminary Title of the Criminal Code.

3. When an act or omission constituting a military offense corresponds in the Criminal Code a more serious penalty, the Code shall apply military jurisdiction.

4. This Code applies to members of the Civil Guard Corps and students from educational training of the body in the following circumstances apply:

A) In times of armed conflict.

B) For the duration of the siege.

C) In carrying out military missions entrusted to them.

D) While they are integrated into Units of the Armed Forces.

5. Outside the cases referred to in the preceding paragraph, the Military Penal Code to the members of the Civil Guard and students from educational training of the body apply in the case of acts or omissions constituting a military offense under Title II, Book II of this Code.

It shall also apply to the same people for committing offenses under Titles I, III and IV of Book II, excluding in such cases those acts or omissions encuadrables own acts of service performed in the exercise of functions police nature.

6. Without prejudice to the provisions of international treaties, the provisions of this Code are applicable to all the facts set forth therein, irrespective of the place of commission.
Article 2.


They are military, for purposes of this Code, who at the time of the offense having that status, in accordance with the laws concerning the acquisition and loss of the same and, specifically, with the exceptions expressly determined in specific legislation:

1st Those who maintain a relationship of professional services to the armed forces or the Civil Guard while going over some administrative situation in which they have suspended their military status.

2nd Reservists when they are activated in the Armed Forces.


3.º Students of military training and aspiring to the condition of volunteer reservists in his period of military training schools.

4th Students belonging to teaching formation of the Civil Guard.
Those who pass
5th have any assimilation or military consideration, in accordance with the Organic Law regulating the states of alarm, emergency or siege and implementing rules.

6.º In situations of armed conflict or state of siege, captains, commanders and crew members of ships or military aircraft are part of a convoy under military escort or direction, as well as practical aboard warships and vessels of the Civil Guard.

7th Prisoners of war, for which Spain was Detaining Power.
Article 3.


For the purposes of this Code are military authorities:

1st King, the Prime Minister, the Minister of Defence and who replaced them in the exercise of constitutional or legal powers inherent in its powers or functions.

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

3rd General commanding officers, leadership or direction over strength, unity, center or organization or that, because of the position or function, have attributed jurisdiction in a given place or territory.

4th Military that in situations of armed conflict or state of siege, have the status of head of unit operating separately in space reaching military action.

5th Auditors The Presidents and Members of the Military Courts, Military Prosecutors and Legal Togados Military Judges.

6.º While they remain outside the national territory, the Commanders of warships or military aircraft and Official Highlights for some service in places, water or spaces to be lend, when in them there is no military authority and in what concerns the military mission assigned.

7th Heads of Units taking part in operations abroad, whether or not involving the use of force during the participation of the unit in such operations, while remaining outside the national territory.
Article 4.


1. It's sentinel, for the purposes of this Code, the soldier who, in an act of service weapons and serving a slogan, keep a job entrusted to their responsibility, carrying it the gun that their role will be.

2. They also have such consideration the military that are:

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

B) Operators of military networks transmissions, communications or computer during performance of their duties; and

C) Operators of electronic monitoring and control systems of the spaces entrusted to the centers or stations serving or visual observers of the same spaces, during the performance of their duties.
Article 5.


1. For the purposes of this Code and without prejudice to paragraph 4 of Article 44 exceeds the military that, for another, and having employment hierarchically higher, or exercising authority, control or jurisdiction by virtue of office or function play as a starter or regulatory sequence.

2. They are considered superior in respect of prisoners of war who were detaining power Spain, the Spanish military, whatever their job, responsible for their supervision or custody and the exercise of such tasks.
Article 6


1. Are acts of service, for the purposes of this Code, all relevant to the functions corresponding to each military in meeting their specific duties.

2. For the purposes of this Code are acts of service weapons all require to run the use, handling or use of weapons, whatever their nature, subject to the general rules or specific commands properly studied the matter, and preparatory acts thereof, whether individual or collective, from its inception with the call to lend to its full completion, and few before or after the own service weapon acts relate to it or affect its performance.


Also have this consideration acts directly related to the navigation of warships or the Civil Guard, or the flight of military aircraft. Will also broadcast services, communications or computer, detection and analysis of radio or cyberspace, images or data and any other services monitoring and control of spaces that military operation.
Article 7.


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

1st members of the armed forces of a party that is in armed conflict with Spain;

2nd All strength, training or band running an armed operation, commanded by or with the help of such hostile party;

3.º forces, formations or bands, members of non-state armed groups operating in an area where Spain develop or participate in coercive or international peace operation in accordance with international regulations;

4th Organized in paragraph 4 of Article 1 of Protocol I of 8 June 1977, Additional to the Geneva Conventions of 12 August 1949, which are in conflict refers to armed groups armed with Spain.

2. Air ground forces, naval or are facing the enemy or against rebels or seditious, for the purposes of this Code, when they are in a situation that can direct acts of hostility against any of them, enter immediately into combat or be susceptible to their attacks and when, being deployed in the area of ​​operations, are alerted to take part in a military operation or for the use of own armed forces in an armed conflict or a coercive peace or international operation.

3. For the purposes of this Code, are critical circumstances situations of imminent danger to the integrity of persons or the fulfillment of the mission entrusted, as well as posing a serious and immediate risk for the unit, warship or Guard civil or military aircraft where the head serves.
Article 8.


Is order all mandate for a military service that gives superior to a subordinate, properly and within the powers that correspond to carry out a specific action or omission.
TITLE II



Military crime Article 9.


1. Military offenses are acts or omissions intentional or imprudent provided in Book II of this Code.

2. Also are military offenses such other acts or omissions committed by a military and punishable under the Criminal Code as:

A) Crimes of treason and crimes against persons and property protected in the event of armed conflict goods, including common provisions, provided that perpetrate with abuse of authority or violation of the duties established in the Organic Law 9/2011 of July 27, rights and duties of members of the Armed Forces or the Organic Law 11/2007 of 22 October, regulating the rights and duties of members of the Civil Guard.

B) The crime of rebellion, in case of international armed conflict.

3. The maximum limit of the penalties established in the Penal Code for the offenses specified in the second paragraph of this article shall be increased by one-fifth, except when the condition of authority or funcionarial the active subject of the offense already been taken into account by describing the law or punish crime.
Article 10.


1. In military offenses it shall be deemed highly qualified extenuating circumstances of having preceded by the immediate superior unjust provocation or any other action that has occurred in the subject outburst, blindness or other similar entity passionate state.

2. For the purposes of this Code, it is understood that there is recidivism when, to commit a crime, the culprit has been ejecutoriamente convicted of offense within the same title this Code or in any of those referred to in paragraph 2 of Article 9 of the Code, provided they are of the same nature.

Criminal records should be canceled or not counted.
TITLE III

Penalties

CHAPTER
I
Penalties
and
classes Article 11.


The main penalties that can be imposed for offenses in Book II of this Code, notwithstanding that apply for application of the Criminal Code in cases and expressed, are:
1st Graves
:

- Top Prison to three years.

- Loss of employment.

- Disqualification absolute command of warship or military aircraft.
Less serious 2.º
:


- Imprisonment of three months and one day to three years.

- Prison two months and one day to three months.

- Suspension of military employment, three months and one day to three years.

- Fine of two to six months.

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

Additional penalties are loss of employment, military suspension and revocation of employment promotion.
Article 12.


1. Imprisonment will have a minimum duration of two months and one day and a maximum of twenty-five, except as exceptionally resulting from application of the Penal Code.

2. Penalties of imprisonment imposed on military will be fulfilled in the prison military establishment designated by the Ministry of Defence, except in the case of imprisonment imposed for ordinary crimes that carry low in the Armed Forces or Civil Guard , in which case it shall terminate in ordinary prison, with separation from the rest of the prisoners.

3. The penalty of permanent location will be fulfilled, as provided in the Penal Code, in the domicile of the defendant or, where appropriate, in the prison appointed by the Ministry of Defense.

4. In situations of armed conflict, custodial sentences imposed on military may be served in the unity of their destiny and committed to the military command designates, in response to the demands of the campaign and discipline, prior notification and approval acting judicial body.
Article 13.


The penalty of disqualification for command warship or military aircraft deprive the person punished, permanently, the control of these.

The fine it shall be determined and applied by the system established in the Criminal Code.
Article 14.


For the enforcement of the sentence will compost the time of detention or precautionary rights or preventively agreed in the terms provided in the Penal Code.

Extend the payment time of detention and disciplinary arrest will be made, as well as the situation remained in suspension of duties, if they had suffered from the same facts and they involve the same legal right protected.
CHAPTER II


Of the additional penalties
Article 15.


Addition to additional penalties under the Penal Code, for military imprisonment exceeding three years, will carry the accessory of job loss and shorter prison, military accessory suspension of employment .

In the case of military sentenced to imprisonment exceeding six months for a felony, the court may impose the penalty of revocation of promotion to employment or jobs that have reached the doomed from the commission of the facts classified as criminal in the judgment until the date of firmness, motivating them expressly in the judgment under criminal identification criteria contained in Article 19 of this Code.
CHAPTER III

Effects of penalties

Article 16.


Any prison sentence to any military produce the effect that its duration is not subscription for the service.
Article 17.


1. The penalty of loss of employment, which is permanent, produces the low of the prisoner in the Armed Forces or Civil Guard, with deprivation of all rights acquired them, except liabilities that may be entitled.

2. For students of military training schools this penalty also produce the decline in the teaching center, with the loss of student status.
Article 18.


The penalty of suspension of military employment deprived of all the functions thereof during the term of the sentence. It will also produce the effect of being immobilized in use in the position they hold, and will not be subscription for the service. After the suspension will end the detention in employment and loss of position will be final.
CHAPTER IV

Application of penalties

Article 19.


1. Military Courts imposed the penalty for military offenses following the rules for the application of the penalties established in the Penal Code.

2. However, in the case of intentional crimes and when they not attend mitigating or aggravating, apply the punishment prescribed by law to the extent they deem appropriate, taking into account the personal circumstances of the offender, graduation, military function, the nature of mobile they drove, the seriousness and importance of the fact itself and its relationship with the service or the place of its perpetration.


3. Criminal individualization is made shall be reasoned in the judgment.
Article 20.


The Military Courts shall be not limited by the minimum amounts indicated in the Law to every kind of grief, but may reduce it by one or two degrees, in the form resulting from the application of the relevant rule of the Penal Code, without that, in any case, imprisonment may be imposed less than two months and one day.

The penalty lower by one degree to the loss of employment, imposed as principal, will be the suspension of military employment.
Article 21.


When the penalty prescribed in the Penal Code for military offenses under this Code is the work for the benefit of the community, shall apply to military permanent location penalty of two months and one day to three months.
CHAPTER V


Suspension of the execution of custodial sentences, the alternative forms of enforcement of sentences and parole
Article 22.


1. Military courts may apply the alternative embodiments of the custodial sentences under the Criminal Code, including the suspension of the execution of custodial sentences.

2. For the adoption of these measures the military courts are the provisions of the Penal Code.

3. Parole shall apply under the provisions of the Penal Code.
CHAPTER VI


Security measures and ancillary consequences
Article 23.


The Military Courts apply, if any, security measures and ancillary consequences under the Criminal Code.
SECOND BOOK

Crimes and Penalties

TITLE
I

Crimes against national security and defense
CHAPTER
I
Treason military

Article 24.


Notwithstanding the provisions of the Penal Code for the crime of treason shall be punished with imprisonment of fifteen to twenty five years, the military, with the purpose of favoring the enemy:

1st pursues coercion which holds the command of a force, ship or aircraft, to capitulate, surrender, delay or start fighting withdrawal.
2nd
It fugare their ranks with the intention of joining the enemy.

3rd'll spread demoralizing or disseminates news or performs any other defeatist acts.

4th execute acts of sabotage, obstructs the war or other operations effectively man cause grief to the media or pertaining to the military defense resources.
CHAPTER II

Military Espionage

Article 25.


Alien who, in situations of armed conflict, procures, disseminated, falsifies or mutilates classified as confidential or secret or military interest which may harm the national security or defense, or technical means or information systems used or by the Armed Forces Civil Guard or military interest industries, or reveal a foreign power, association or international body, it shall be punished as a spy, to the penalty of ten to twenty years in prison.

The Spanish military who commits this crime will be considered perpetrator of a crime of military treason and punishable under the preceding article.
CHAPTER III


Disclosure of secrets and information relating to national security and defense
Article 26.


The military who commits any offense under Articles 277 or 598 to 603 of the Penal Code shall be punished with the punishment prescribed in the same increased by one fifth of its ceiling. In situations of armed conflict or state of siege higher penalty shall be imposed on one or two degrees.
CHAPTER IV


Attacks against the media or resources or national defense security
Article 27.


The military that, for the purpose of attacking the means or resources security or national defense, commit any crimes under Articles 264 to 266 or 346 of the Penal Code shall be punished with the penalty for such offenses increased by one-fifth of its ceiling. The same penalty shall be imposed on who commits the offense under section 346 of the Penal Code, in situations of armed conflict or state of siege, when military does not have the condition.
Article 28.


The soldier who falsely denounces the existence in pertaining to the Armed Forces or Civil Guard, explosive devices or other similar or intentionally obstructs transportation, supply, transfer or any kind of military mission places, will be punished with six months to six years in prison.


Higher penalty shall be imposed in extent to that in situations of armed conflict or state of siege, commit this crime.
Article 29.


Who will penetrate or continue in a center, department or military establishment against the express or implied will of your boss, or vulnerare security measures established for the protection of those, shall be punished with three months and one day to four years in prison.
CHAPTER V


Breach of military camps in situations of armed conflict or state of siege
Article 30.


Anyone who refuses to comply or not comply with the requirements contained in Bandos dictate the military authorities in situations of armed conflict or state of siege, shall be punished with the penalty of three months and one day to six years in prison.
CHAPTER VI


Common to previous chapters provisions
Article 31.


1. The soldier who, having knowledge that comes to commit any of the crimes of treason or espionage, will not use the means at its disposal to avoid it will be punished by five to fifteen years in prison. If not utter his superiors the penalty shall be imposed in the lower half.

2. shall be exempt from punishment those involved in a crime of treason or espionage, if denunciaren in time to prevent its consummation.
Article 32.


1. The penalties provided for offenses under Chapters I to V of this Title or lower degree penalties shall be imposed when they also were committed against Allied Power.

2. For the purposes of this Code it is understood that Allied Power is a State or international organization with which Spain is united by a treaty or military or defense alliance, as well as any other State or international organization taking part in an armed conflict against an common enemy, cooperate in an armed operation or participate in coercive or international peace operation in accordance with the international order, in which Spain takes part.
Article 33.


The conspiracy, proposition and provocation to commit offenses under Chapters I to V of this Title shall be punished with the penalty lower degree to the respectively indicated.
CHAPTER VII


Crimes against sentry, military authority, armed force or military police
Article 34.


Whoever disobeys or makes resistance sentinel orders he will be punished with three months and one day to two years in prison. If he mistreats work it will be punished with four months to three years in prison, subject to the penalty that may correspond by harmful results produced under the Criminal Code.

Higher degree penalties respectively to you mentioned in the preceding paragraph when any of the following conditions be imposed:

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

2. If the action is executed in situations of armed conflict, state of siege or during an enforcement operation or international peace.
Article 35.


1. The military who commit any of the offenses set forth in Articles 550-556 of the Penal Code, against military authority, armed force or military police, in their roles as agents of authority, shall be punished with there penalties provided, whose ceiling is will increase by a fifth, unless the authority or civil service status of the active subject of the offense already been taken into account by law to describe or punish crime. This is without prejudice to the application of Article 21 of this Code.

2. Which in situations of armed conflict, state of siege or in the course of a coercive peace or international operation, commit these crimes will be punished with higher degree penalties to respectively be identified in the Criminal Code.

3. For the purposes of this Code, it is understood as armed forces the military, in uniform, providing a service regulations ordered legally be entrusted to the armed forces and, in the case of the Civil Guard, which is not encuadrable in the exercise nature of police functions and, in any case, in situations of armed conflict, state of siege or when they are integrated into units of the armed Forces.
CHAPTER VIII


Outrages Spain and insulting the military organization
Article 36.



The soldier who stumbles or ultrajare to Spain, its flag, anthem or its symbols or emblems, the Constitution or the King, shall be punished with the penalty of three months and one day to three years in prison. When the offense is committed with advertising, before a crowd of people or in situations of armed conflict or the state of siege increased by one fifth of its ceiling .. In any case, also may be imposed penalty is imposed, the penalty of loss employment.

The soldier who stumbles or ultrajare the insignia or emblems will be punished with three months and one day to one year in prison.
Article 37.


The soldier who injuriare the Armed Forces, Civil Guard, certain institutions or bodies thereof shall be punished with the penalty of three months and one day to one year in prison. the increased one-fifth of its maximum limit when the offense is committed with advertising, before a crowd of people or in situations of armed conflict or state of siege penalty it shall be imposed.
TITLE II

Crimes against discipline

CHAPTER
I
Sedition military

Article 38.


The military, by express or tacit concert, four in number or more or that, without this number, constitute at least half of a force, manning or crew, should refuse to comply or not comply with the orders legitimate received, failed to meet the other duties of service or threaten, offend or offends a superior, shall be punished with two to fifteen years imprisonment in the case of which they may have induced, sustained or directed sedition, the leader who put to the front or, in any case, whether it is military non-commissioned officers or senior, and with the penalty of one to ten years imprisonment in the case of mere executors. It also imposes a penalty of loss of employment.

The penalties prescribed in the preceding paragraph, increased by one-fifth of its maximum limit when concurriere any of the following conditions be imposed:

The facts tuvieren 1st place against the enemy, rebels or seditious, or in critical circumstances.

2nd that would have been brandished weapons.
That 3.º
mistreated any work to superior, without prejudice to the penalties that may correspond to those produced harmful results under the Criminal Code.
Article 39.


The military, in number of four or more, hicieren complaints or collective petitions in tumult or carrying weapons will be punished with the penalty of one to six years imprisonment in the case of Those who have induced, sustained or directed the sedition, the leader to be put in front or, in any case, NCOs or military intervinieren higher level, and with the penalty of six months to four years imprisonment in the case of mere executors. It may also impose the penalty of loss of employment.

Other complaints or collective petitions and clandestine meetings to address service issues, if put at serious risk the maintenance of discipline, shall be punished with the penalty of three months and one day to six months in prison; can, otherwise sanctioned military disciplinary proceedings.
Article 40.


1. If the seditious depusieren their attitude to the first intimation or before they will be punished with the penalty lower degree corresponding to the offense committed.

2. Provocation, conspiracy and proposal for the execution of the offenses under this Chapter shall be punished with the penalty lower by one or two degrees which correspond to them.
Article 41.


The military do not take the necessary measures or will not use rational means at its disposal to contain the sedition in the forces under his command shall be punished with imprisonment of six months to six years and may impose further the penalty of loss of employment. If, having knowledge that is committing this crime, do not utter his superiors, imprisonment shall be in the lower half.
CHAPTER II

Insubordination




SECTION 1. Insult to top


Article 42.


1. The soldier who mistreats work to a higher or Interference with freedom or sexual indemnity shall be punished with six months to five years in prison and may also impose the penalty of loss of employment and subject to the penalty appropriate for those produced harmful results or assaults and other attacks against freedom or sexual indemnity actually committed, under the Criminal Code.

2. the penalty of ten to twenty years of imprisonment shall be imposed whenever the event occurs:


1st In situations of armed conflict or state of siege, and it implements in the line of duty or in connection with this.

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

3. They are imposed the penalties mentioned in the lower half of the military I lay hands on a weapon or executes acts or demonstrations with tendency to mistreat of work to a superior.
Article 43.


The soldier who, without committing offenses under the preceding article, coaccionare, threatens, defames or seriously injuriare to a superior, in his presence or before a crowd of people, in writing or advertising, shall be punished with penalty of six months to three years in prison. When not concur these circumstances it shall be in the lower half.



Disobedience Section 2


Article 44.


1. The soldier who refuses to obey or not fulfill the lawful orders of his superiors regarding the service shall be punished by a sentence of three months and one day to two years in prison. If in the case of orders relating to service weapons, the penalty of six months to six years imprisonment be imposed.

2. When disobedience occurs in situations of armed conflict, state of siege, facing the enemy, rebels or seditious, or in critical circumstances, the sentence of five to fifteen years imprisonment be imposed.

3. However, in no case shall incur criminal liability the military for disobeying an order involving the execution of acts clearly constitute crimes, particularly against the Constitution, or a manifest infringement, clear and strict of a rule with force of law or International law of armed conflict.

4. For the purposes of this Article shall apply to whoever is superior in organic or operational structure, or person exercising authority, control or jurisdiction by virtue of position or function to play as a starter or regulatory sequence.
CHAPTER III

Abuse of authority

Article 45.


The superior who, abusing their powers of control or its position in the service, irrogare serious injury to a subordinate, compels him outside the interests of the service benefits or prevents him from arbitrary exercise of any right shall be punished the penalty of three months and one day to three years in prison.
Article 46.


The superior who mistreats a subordinate work will be punished with six months to five years in prison, subject to the penalty applicable for the produced harmful results under the Criminal Code.
Article 47.


The upper I will try a subordinate of degrading, inhuman or humiliating manner, or performs acts of aggression or sexual abuse, shall be punished with six months to five years in prison and may also impose the penalty of loss employment, notwithstanding that apply for the produced harmful results or assaults and other attacks against freedom or sexual indemnity actually committed, under the Criminal Code.
Article 48.


The top that, with respect to a subordinate, both effected, acts of sexual harassment and gender as a professional, he threatens, coaccionare, insults or defames, atentare serious way upon their privacy, personal dignity or at work, or performs acts involving serious discrimination on grounds of birth, racial or ethnic origin, sex, sexual orientation, religion, belief, opinion, disability or any other condition or personal or social circumstance, it shall be punished with six months to four years imprisonment and may also impose the penalty of loss of employment.
TITLE III


Offenses relating to the exercise of fundamental rights and public freedoms by the military
Article 49.


The soldier who, without incurring the crimes of insult or abuse of authority superior publicly affections places in the Armed Forces or Civil Guard or act of service, mistreats another military work, we try to degrading, inhuman or humiliating manner, or performs acts of aggression or sexual abuse, shall be punished with six months to three years imprisonment, without prejudice to the penalties that may fall by the produced harmful results or assaults and other attacks on freedom or sexual indemnity actually committed, under the Criminal Code.
Article 50.



The soldier who, without incurring the crimes of insult to superior or abuse of authority, publicly, in pertaining to the Armed Forces or Civil Guard or places of duty, limitare arbitrarily impedes or another military exercise fundamental rights or public liberties, effected, acts of both sexual and harassment on grounds of sex as a professional, he threatens or coaccionare, gravely insults or it defames, atentare serious way upon their privacy, personal dignity or work, perform acts involving serious discrimination on grounds of birth, racial or ethnic origin, sex, sexual orientation, religion, belief, opinion, disability or any other condition or personal or social circumstance, it shall be punished with six months to two years in prison.
TITLE IV


Offenses against the duties of the service
CHAPTER
I
Cowardice

Article 51.


1. The soldier who for fear of a personal risk or placed refuses to remain in his position, abandon him, fails to fulfill the mission entrusted or performs acts likely to panic or cause serious disorder among the force itself, it shall be punished mission:

1. With the penalty of ten to twenty five years in prison, if she has a place in front of the enemy, rebels or seditious.

2nd With the penalty of five to fifteen years in prison, if she has a place in situations of armed conflict or state of siege, out of the situations mentioned in the preceding paragraph, or in critical circumstances.

2. If the offender has exercised control, the penalties prescribed in the upper half will be imposed.
Article 52.


The military that, in situations of armed conflict, state of siege or critical circumstances and for fear of a personal risk, to excuse himself from office or mission, simulare illness or injury, the one is used produces or any deception with the same purpose shall be punished with three years and one day to ten years in prison.
Article 53.


1. The military, for fear of a personal risk, deliver them, bringeth or forsake the enemy, rebels or seditious, establishment or military installation, post, ship, aircraft, force or other human or material resources that were under his command, without having exhausted all means of defense duties and claim their military obligations or orders received, shall be punished with the penalty of ten to twenty years in prison.

2. The military in the capitulation parties lays for itself more favorable conditions will be punishable by three to ten years imprisonment and imprisonment of six months to six years if such conditions are estipularen in favor of another or others without reason enough and may also impose the penalty of loss of employment.
Article 54.


Outside the above cases, the military, for fear of a personal risk, violate a military duty established in the Organic Law 9/2011, of July 27, or the Organic Law 11/2007 of 22 October, whose nature requires face danger and overcome fear, will be punished with four months to four years in prison. In situations of armed conflict or state of siege imprisonment of one to six years shall be imposed. In both cases it may also impose the penalty of loss of employment.
CHAPTER II

Disloyalty

Article 55.


Military service on matters that she shall knowingly false information or different sense either to issue the certificate that constare will be punished with six months to four years in prison. In situations of armed conflict or state of siege imprisonment of three to ten years shall be imposed. In any case, it may also impose the penalty of loss of employment.

In all the cases mentioned in this article, the penalty lower degree will be imposed when the guilty recant, manifesting the truth in time that takes effect.
CHAPTER III


Offenses against the duties of presence and service delivery



SECTION 1. Abandonment of destination or residence


Article 56.


1. The military that, contrary to current legislation, absents himself from his unit, destination or place of residence for more than three days or is not filed, may do so, it shall be punished with the penalty of three months and one day to two years in prison.

2. In situations of armed conflict or state of siege, the absence of military or lack of incorporation by superior to twenty four hours time it will be punished with imprisonment of three to six years.

3. For the calculation of the aforementioned time limits shall run from the time when the absence or lack of incorporation arises, to one in which hath the presentation.




Desertion Section 2


Article 57.


The soldier who, with the intention of permanently escape compliance with their obligations, absents himself from his unit, destination or place of residence, or not filed, may do so, when you have an obligation to make its incorporation shall be punished, as a deserter, with the penalty of one to four years in prison and may also impose the penalty of loss of employment. In situations of armed conflict or state of siege it shall be punished by five to fifteen years in prison.



SECTION 3. Special Breaches of duty of presence


Article 58.


1. The soldier who absents himself or does not submit must do so, in breach of the regulations in force, against the enemy, rebels or seditious, whatever the length of absence, will be punished with four to ten years in prison. If the act takes place for critical circumstances, the sentence of six months to three years imprisonment be imposed.

2. The military who remains on the ground, breaking the rules in force at the exit of the vessel or aircraft whose crew manning or part shall be punished with the penalty of three months and one day to six months in prison. If the act takes place for armed conflict or state of siege, imprisonment of six months to six years imprisonment be imposed.



4th Section voluntary disablement and simulation service to exonerate


Article 59.


The soldier who, to exempt the service or performance of their duties or obtain the cessation or change in the service relationship, it mutilates or consents to another person rendered ineffective by mutilation, disease or any other means, simulare disease or injury, or uses any other deception, it shall be punished with four months to three years in prison. imprisonment of three to ten years shall be imposed when the event takes place for armed conflict, state of siege or in critical circumstances.

The same penalties will incur who knowingly mutilates or facilitates the simulation of a military, with the same end as the previous paragraph, the sentence imposed in the upper half if the perpetrator was health personnel, without prejudice to the penalties that apply for the produced harmful results, under the Criminal Code.



SECTION 5 Common provision


Article 60.


Provocation, conspiracy and proposal for the execution of the offenses under this Chapter shall be punished with the penalty lower by one or two degrees which correspond to them.

However, in situations of armed conflict or state of siege, provocation, conspiracy and incitement and complicity, they can be punished with the penalties for the perpetrators of the respective offenses.
CHAPTER IV


Offenses against the duties of command



SECTION 1. Breach of duties inherent in command


Article 61.


1. Commanding military force or unit, Commander warship or military aircraft, who does dereliction of command by neglect or improper delivery shall be punished:

1. With the penalty of ten to twenty five years in prison, if she has a place in front of the enemy, rebels or seditious.

2nd With the penalty of ten to twenty years in prison, if she has a place in situations of armed conflict or state of siege, out of the situations mentioned in the preceding paragraph, or in critical circumstances.

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

2. It may also impose the penalty of loss of employment or, where appropriate, the absolute disqualification command warship or military aircraft.
Article 62.


Shall be liable to a penalty of three years and one day to ten years in prison commanding military force or unit, Commander warship or military aircraft, in situations of armed conflict:

1st fails to perform a combat mission, it fails to fight or pursue the enemy must do or will not use, in the course of military operations, requiring all means fulfill its duties and obligations or orders received.

2nd Perdiera the square, establishment, military installation, vessel, aircraft, position or force at his command, is caught by the enemy or thereby incur serious damage to the service, for not taking preventive measures in accordance with their duties and military obligations or orders received, mutilates or war materials, documents or important resources for national defense when there are two danger of falling into enemy hands.

Article 63.


1. The military commanding force or unit, Commander warship or military aircraft fails to undertake the mission entrusted or to fulfill its duties and obligations or orders received concerning the mission, it shall be punished with the penalty of two to eight years mission in prison, if she has a place in situations of armed conflict or state of siege, and the imprisonment of one to six years in other cases. Also it may impose the penalty of disqualification for controlling warship or military aircraft.

2. These same acts committed gross negligence, they shall be punished with the penalty of three months and one day to two years in prison. In situations of armed conflict or state of siege imprisonment of six months to four years shall be imposed.
Article 64.


The commanding military force or unit, Commander warship or military aircraft fails to maintain proper discipline in the forces at his command, tolerare subordinates any abuse of authority or excesses of its powers or does not proceed with due diligence to prevent a military offense shall be punished with three months and one day to four years in prison and may also impose the penalty of loss of employment or, where appropriate, the absolute disqualification for controlling warship or military aircraft.



Section 2 Abuses in the exercise of command


Article 65.


1. The military in the exercise of command exceeds its powers arbitrarily or advantage of their job, position or destination, commit other serious abuse will be punished with three months and one day to two years in prison. If you employ, or ordain exercise unnecessary violence against any person or ordain, reserve permits or makes unlawful use of weapons, it shall be punished with four months to four years in prison. Without prejudice, if any, of the penalty applicable for the produced harmful results, under the Criminal Code.

2. the penalty of three months and one day to one year imprisonment to be imposed undue military that maliciously, commits or retuviere a knob or destination.
Article 66.


Who have ordered military unit, ship or aircraft under his command to unnecessary risks for the fulfillment of its mission will be punished with three months and one day to two years in prison or, where applicable, the penalty absolute disqualification for controlling warship or military aircraft. If the significance was not serious, it is punishable by military disciplinary proceedings.
CHAPTER V


Service
Brokenness


SECTION 1. Abandonment of service


Article 67.


1. The military member who left service weapons shall be punished:

1. With the penalty of ten to twenty years in prison, if she has a place in front of the enemy, rebels or seditious.

2nd With the penalty of five to fifteen years in prison, if she has a place in situations of armed conflict or state of siege, out of the situations mentioned in the preceding paragraph, or in critical circumstances.

3.º 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 he has place in situations of armed conflict or state of siege, facing the enemy, rebel or seditious or in critical circumstances, shall be punished with six months to six years in prison.

3. The military that is not submitted to the fulfillment of the services mentioned in the above numbers, or fails to meet its obligations causing serious damage to the service, shall be punished with the penalties provided for therein in the lower half.



Section 2 Crimes against sentry duties


Article 68.


1. The sentry who abandons his post shall be punished:

1. With the penalty of ten to twenty five years in prison, if she has a place in front of the enemy, rebels or seditious.

2nd With the penalty of ten to twenty years in prison, if she has a place in situations of armed conflict or state of siege, out of the situations mentioned in the preceding paragraph, or in critical circumstances.

3.º In other cases, with the penalty of six months to six years in prison.

2. The sentry who fails to meet his obligations, causing serious damage to the service, shall be punished with the penalties mentioned in the previous section in the lower half.
Article 69.



The military fails to fulfill its duties as manager of a monitoring service airspaces, traffic control, aircraft or driving aids to marine or air navigation, shall be punished with the penalty of one to six years in prison. In situations of armed conflict, state of siege or in critical circumstances imprisonment of ten to twenty years imprisonment be imposed.



SECTION 3. Intoxication and poisoning by toxic drugs in action


Article 70.


The military, in act of service weapons, intentionally or recklessly drunk or were to consume toxic drugs, narcotics or psychotropic substances, so that their ability to lend or subsides, shall be punished with the penalty of three months to one day to one year in prison.

When the act is committed by a military that in any act of service, exercised command, imprisonment of six months to two years shall be imposed.
CHAPTER VI


Offenses dereliction of duty relief
Article 71.


1. Socorriere not military, can do so, strength, unity, warship or the Civil Guard or military, national or allied aircraft who may be at risk, shall be punished:

1. With a sentence of five to fifteen years in prison, if she has a place in situations of armed conflict or state of siege.

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

2. worth respectively indicated in the previous number, in the lower half, in the case of any other ship or aircraft shall be found at risk it will be imposed.

3. The military socorriere not, and can do so to force, unit, ship or aircraft in danger enemies when it afforded his surrender, it shall be punished with four months to four years in prison.

4. The same penalties will be imposed military that prevented provide relief and may do not sue foreign aid with urgency.
Article 72.


1. Socorriere not military, can do, the partner who finds her in grave danger, shall be punished with the penalty of three months and one day to two years in prison. In situations of armed conflict or state of siege imprisonment of six months to six years shall be imposed.

2. The military that during the performance of a mission of collaboration with public authorities in cases of serious risk, catastrophe, calamity or other public needs, commits the crime of Article 195 of the Penal Code, shall be punished with there established criminal penalties, increased in a fifth of its maximum limit, without prejudice to the application of Article 21 of this Code.

3. The same penalties the military who, unable to provide relief, not sue foreign aid to do so may be imposed urgently.
CHAPTER VII


Crimes service effectiveness
Article 73.


The military that, in situations of armed conflict or state of siege and serious negligence, causes in assets assigned to the Armed Forces Civil Guard or damages under Articles 264 to 266 of the Criminal Code, thereby incur the media or resources of national defense or security fall into enemy hands, or seriously would prejudice a military operation, shall be punished with six months to four years in prison. Outside of armed conflict or state of siege imprisonment of three months and one day to two years or a fine of two to six months it will be imposed.

When damage were committed by shipwreck, collision or stranding, improper landing or collision with another aircraft or the loss of a warship or military aircraft thereby incur, may also impose the penalty of disqualification the command of warship or military aircraft.
Article 74.


The military will not do a general slogan or recklessly fails to observe an order received will be punished, in situations of armed conflict or state of siege, with imprisonment from four months to three years. In other cases, if concurriere intent or gross negligence and serious risk or harm to the service to man cause, the penalty of three months and one day to six months imprisonment or a fine of two to six months will be imposed.

However, in no case shall be liable to criminal responsibility the military for disobeying an order involving the execution of acts clearly constitute crimes, particularly against the Constitution, or a manifest infringement, a clear and strict regulation with the status of law or international law of armed conflict.
Article 75.


Shall be liable to a penalty of three months and one day to two years in prison military that:

1st
performs or fails to prevent or establishment rather fond of the Armed Forces or Civil Guard acts that could cause fire or damage, or originare a serious risk to the safety of strength, unity, establishment, warship , the Civil Guard ship or military aircraft.

2nd embark on warship or military aircraft toxic drugs, narcotics or psychotropic substances.

3.º fails to comply, in violation of the provisions of the Organic Law 9/2011, of July 27, rights and duties of members of the Armed Forces or the Organic Law 11/2007 of October 22 , which regulates the rights and duties of members of the Civil Guard, their fundamental military duties, or essential technical duties of its specific function, causing serious damage to the service, subject to the penalty applicable for the produced harmful results as the Penal Code. When the facts described in this section were committed gross negligence, the penalty of three months and one day to six months imprisonment or a fine of two to six months will be imposed.
Article 76.


The military who commit any of the crimes under Articles 368 to 371 of the Penal Code in affected facilities to the Armed Forces or Civil Guard, warships, ships of the Civil Guard, military aircraft, camps or during exercise or operations, shall be punished with the penalties set forth therein increased by one fifth of its maximum limit, unless the place of commission or the condition of authority or funcionarial the perpetrator of the offense have been taken into account by that code describing or sanction the crime. This is without prejudice to the application of Article 21 of this Code.

Shall also apply for the Military Courts Articles 372-378 of the Penal Code.
Article 77.


1. The military, for gross negligence and during the execution of an act of service weapons, causes death or constituent injury offense, shall be punished with imprisonment respectively prescribed in the Penal Code for manslaughter or reckless injuries, increased a fifth, in its minimum and maximum limits, without prejudice to Article 21 of this Code.

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

2. If recklessness is not serious penalty of three months and one day to six months imprisonment or a fine of two to six months it will be imposed.
Article 78.


Shall be liable to a penalty of three months and one day to six months imprisonment or a fine of two to six months the military that serious negligence:

1st Extraviare weapons or war material, procedures or official documentation, which had in its custody by virtue of their position or destination.

2nd giving rise to evasion of prisoners of war, prisoners or detainees, whose driving or custody person was entrusted to him.
CHAPTER VIII

Crimes against other duties
Service
Article 79.


The military who uses public and intentionally uniform, badges, emblems or military insignia, medals or decorations not entitled to use, it shall be punished with the penalty of three months and one day to one year in prison.
Article 80.


The soldier who, forced to, ceased to promote the prosecution of crimes within the jurisdiction of military courts or having knowledge of the commission did not set him immediately inform their superiors or not denounce to competent authority, It shall be punished with the penalty of three months and one day to one year in prison.
TITLE V


Crimes against property in the military field
Article 81.


1. The soldier who, simulating needs for service or economic rights for staff, budget allocation requests credit for alleged attention shall be punished with imprisonment of three months and one day to two years.

2. If the amounts thus obtained charges are assessed for their own benefit, the sentence of two to ten years in prison, to graduate the Court a focus on the profit obtained will be imposed.
Article 82.


1. The military who commit crimes of theft, robbery, misappropriation or damage under the Criminal Code in relation to the regulatory equipment, materials or effects that has custody or responsibility by reason of his position or destination, shall be punished with the penalties established in the Penal Code for such offenses imposed in its upper half.


2. If the military he have the equipment, materials or effects, affected the service of the Armed Forces or Civil Guard custody or under its responsibility, the minimum limit of the penalties provided in the Penal Code shall be increased by one fifth.

3. If in the case of war material or weapons, whatever be its value and the author, even if he does not have the status of military, increased by one-fifth of the maximum penalty will be imposed.

4. It shall apply, where appropriate, Article 21 of this Code.
Article 83.


The soldier who, taking advantage of their status, procurase interests in any kind of contract or transaction affecting the military administration or commits the offense under Article 441 of the Penal Code, it shall be punished with three months one day to three years in prison, and may also impose the penalty of loss of employment.
Article 84.


The individual or entrepreneur who, in situations of armed conflict or state of siege, having contracted with the Military Administration, fails to comply in full with its obligations or comply in a defective condition that distort or impede the purpose of the contract, when they are affected the interests of national defense, it shall be punished with one to eight years in prison. They may also impose ancillary consequences provided for in Article 129 of the Criminal Code.
Article 85.


Anyone who, for profit and informed the commission of a crime against property in the military field in which there has intervened either as author or as an accomplice, assist those responsible to take advantage of its effects or receive, acquire or hide these purposes, it shall be punished with the penalties and measures provided in each case by articles 298, 303 and 304 of the Penal Code.

First additional provision.

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

Second additional provision.

The orders and judgments handed down by the military, sole proprietorships and collegiate courts shall be public, following the same system as the rest of publication judgments.

To this end, the Government shall issue appropriate provisions to ensure such publicity.

First transitional provision. Application of the most favorable criminal law.

The offenses committed until the entry into force of this Code shall be punished under the Military Penal Code repealing unless the provisions of the new Military Penal Law are more favorable to the accused, in which case they apply these after hearing the same.

To determine what the most favorable law is taken into account it would correspond to the fact prosecuted with the full implementation of standards of one or other code, as well as the possibility of imposing security measures.

Second transitional provision. Ex officio review of final judgments.

Office will be revised final judgments unenforced wholly or partly have been issued before the effective date of this Code, which according to him, have corresponded acquittal or a conviction beneficial to the offender by strict application of his precepts and not for the exercise of judicial discretion.

This is without prejudice to the judge or court that in the future could be taken into account for recidivism purposes must first examine whether the fact in them punishable has ceased to be a crime or could correspond to a lower penalty imposed under this Code.

Third transitory provision. Applying more favorable rules on judgments which have not become final.

In the judgments handed down under the legislation repealing and which are not found firm for pending appeal apply its own initiative or upon request by the precepts of this Code, when they are more favorable to the accused after hearing the same .

Fourth transitional provision. Assessment of the aggravating circumstance of recidivism.

For the purposes of assessing the aggravating circumstance of recidivism, they shall be construed as falling within the same title of the new Code those crimes under the legal body that repealing and have similar names and attack the same way legally identical.

Single derogatory provision.

Organic Law 13/1985 of December 9 of the Military Penal Code is repealed as well as any provisions contrary to the provisions of this Act.


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

First final provision. Modification of the Organic Law 4/1987, of 15 July, of Competition and Organization of the Military Jurisdiction.

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

One. References in this organic law make the phrase "time of war" shall be construed to the expression "in situations of armed conflict."

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

"1.bis. Expected in Chapters I to VIII of Title XX of Book II of the Penal Code, committed in connection with crimes and military procedures or concerning military courts and military prisons. "

Three. the final paragraph of Article 13 is without content

Four. Paragraph 2 of Article 23 reads as follows:

'2. Instruction and prosecution in a single instance of proceedings for offenses and no disciplinary offenses, which fall within the jurisdiction of the Military Court, against the Captains General, General of the Army, General Admirals and Generals Air, General Lieutenants and Admirals anyone whether their military status, members of the Central military Court, Attorney robed, Prosecutors of the military Division of the Supreme Court and Attorney's Central military Court. "

Five. Paragraph 5 of Article 23 shall read as follows:

"5. Of the remedies in military disciplinary matters to proceed against sanctions imposed or amended by the Minister of Defense, or imposed, confirmed or amended by the Board of Governors of the Central Military Court. "

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

"Judges from the Military Legal Corps shall be appointed by Royal Decree countersigned by the Minister of Justice the proposal of the General Council of the Judiciary, between General Directors and Auditors General Togados with aptitude for promotion, in active service .

For the purpose of motivation of the nomination, the General Council of the Judiciary ask in advance to applicants an exhibition of his merits, and the Ministry of Defense deems necessary documentation where appropriate. "| ||
Seven. The first, second and third paragraphs of Article 37 reads as follows:

"The Auditor Chairman of the Central Military Court shall be appointed by Royal Decree, at the proposal of the General Council of the Judiciary, between General Directors and Auditors General Togados in active service. Royal Decree presentation to be made by the Ministers of Justice and Defense, to endorse the appointment.

The Members Togados the Central Military Court shall be appointed by Royal Decree, at the proposal of the General Council of the Judiciary, after hearing the Board of Governors of the Central Military Court, between Auditors General or, failing that, General Officers of the Military Legal Corps in reserve, whose appointment will not determine change in their administrative status. In no case will be less than two members on active Togados. Royal Decree presentation to be made by the Ministers of Justice and Defense, to endorse the appointment.

For the purpose of motivation of the nomination, the General Council of the Judiciary ask in advance to applicants an exhibition of his merits, and the Ministry of Defense deems necessary documentation where appropriate. "| ||
Eight. The first paragraph of Article 38 reads as follows:

"Where can not act the Auditor President for legal reasons, will replace the oldest Vocal robed among those who are on active duty."

Nine. Article 42 reads as follows:

"The Government Division of the Central Military Court shall consist of the Auditor Chairman and all its Members Togados on active duty, leaving no room for replacement of the latter."

Ten. Article 47 reads as follows:


"The Auditor Togados President and the members shall be appointed by Royal Decree, at the proposal of the General Council of the Judiciary, after reasoned report of the Board of Government of the Central Military Court on professional, academic, scientific and legal merits of applicants who prove their ability in training and military jurisdiction own materials, as well as any incidents that may have affect them during their professional life and that could be important to assess their proficiency in the performance of the judicial function.

Once referred the report prompted the General Council of the Judiciary, will then continue to the latter to decide on proposals to appoint, in accordance with their free and discretionary weighting regulatory procedural rules established for such purpose by the Likewise, they observed failing, as are applicable, those governing the provision of positions of discretionary appointment in the courts.

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

Once. The second paragraph of Article 54 reads as follows:

"His appointment is made by order by the General Council of the Judiciary, after reasoned report of the Board of Government of the Central Military Court, under the terms and by the procedure specified in Article 47."

Twelve. the second paragraph of Article 63 is deleted

Thirteen. Article 65 reads as follows:

'Members of the Military Legal Corps, to be appointed Judges of the Military Chamber of the Supreme Court, Auditors Togados Presidents or Members of the Military Courts and Military Judges Togados, must be in active service military, with exceptions provided in this law. "

Catorce. Clause 3 of Article 66 reads as follows:

'3. By reaching the designated age to cease in active service or to cease it to move to another situation by law or voluntary request granted. The Togados Members of the Central Military Tribunal appointed on reserve will cease when they reach retirement age. "
Fifteen
. Article 71 reads as follows:

"Barring the provisions of Article 63, instruction and knowledge of the crimes within military jurisdiction committed abroad Togados correspond to the Central Military Courts and the Central Military Court and the Courts Togados Territorial military and Territorial military Tribunal, based in Madrid, according to their respective powers. "

Sixteen. Article 115 reads as follows:

"The Heads of Independent unit, highlighted Forces, isolated or military authority over a territory as soon as they become aware of the commission of a crime within the jurisdiction of military courts, perpetrated by whom they are subordinate or committed the place or demarcation of their powers, shall communicate the fastest means possible robed Military Judge and appoint a competent official under him, assisted by the Secretary for instituting the corresponding crowded. Without prejudice to the disciplinary powers to exercise. "

Seventeen. The second paragraph of Article 119 reads as follows:

"They may not be appointed instructors or secretaries of disciplinary proceedings, except as provided in Articles 122 and 140 of this Act, or administrative, except records if it comes to records on military personnel followed in relation to those exercising judicial office, prosecutor or relator secretary, or perform functions other than those expressly attributed by law to guarantee any right. "
Eighteen
. The fourth paragraph of Article 120 reads as follows:

"The Government Division of the Central Military Court shall have jurisdiction in cases arising, informing the General Council of the Judiciary to be appropriate to stop destination."
Nineteen
. Article 123 reads as follows:

"The imposition of disciplinary sanctions for gross misconduct regulated by the Organic Law 8/2014, of December 4, Disciplinary Regime of the Armed Forces, military exercise judicial power rests exclusively with the room government of the Central Military Court. This same room should be heard in the case of military exercise Rapporteurships Secretariats. When exercising fiscal functions, you shall be heard in the file to the Attorney toga. "

Twenty
. Article 127 is not content

Second final provision. Modification of the Organic Law 2/1989, of April 13, Procedural Military.

Military Organic Law 2/1989 of 13 April, in the following sense Procedural amendments:

One. References in this organic law make the phrase "time of war" shall be construed to the expression "in situations of armed conflict."

Two. Paragraph 1 of Article 398 reads as follows:

"1st Accused by blatant military crime including those covered by Article 9, paragraph 2, paragraphs a) and b) of the Military Penal Code, punishable by imprisonment where the minimum limit is greater than or equal to ten years taking into account the penalty that may correspond by the harmful result under the Criminal Code. "

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

Paragraph a) of paragraph 1 of Article 112 of Law 39/2007 of 19 November on a military career, it reads as follows:

"A) Condemns in final judgment to the prison sentence of the Military Penal Code or the Penal Code, while deprived of liberty find without prejudice to the provisions of the Organic Law of Disciplinary Regime of the Armed Forces, or penalties, principal or accessory, military suspension of employment or suspension of employment or public office. "

Fourth final provision. Amendment of Law 29/2014 of 28 November, Personnel Regime of the Civil Guard Corps.

Paragraph a) of paragraph 1 of Article 91 of Law 29/2014, of 28 November, Personnel Regime of the Civil Guard Corps, reads as follows:

"A) Condemns in final judgment to the prison sentence of the Military Penal Code or the Penal Code, while deprived of liberty find without prejudice to the Organic Law 12/2007 of October 22 , Disciplinary Regime of the Civil Guard, or penalties, principal or accessory, military suspension of employment or suspension of employment or public office. "

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

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

"32.bis. Constitute a group or organization pursuing manifestly illegal purposes that violate the essential rules that define the behavior of the military. Join, belonging to or collaborating with such a group or organization or promote their activities, publicizing and induce or invite other military to do so. "

Sixth final provision. competential title.

This law is issued under competition Article 149.1.6.ª of the Constitution grants the State in criminal law. The final provisions are dictated first and second under the competence in procedural legislation, attributed to the State by Article 149.1.6.ª of the Constitution. The final provisions third, fourth and fifth are issued, respectively, under the powers which Article 149.1.4.ª and 149.1.29.ª of the Constitution gives the State on defense and Armed Forces and matters of public security.

Seventh final provision. Character of ordinary law.

The final disposition third and fourth final provision do not constitute an organic law.

Eighth final provision. Entry into force.

This Act shall enter into force three months after its publication in the "Official Gazette" and shall apply to all punishable acts committed from its effect.

Therefore

Command all Spaniards, individuals and authorities to observe and enforce this Act.

Madrid, 14 October 2015.
FELIPE R.


The Prime Minister,
MARIANO
Rajoy Brey