New Military Criminal Code: crimes it punishes and penalties

Automatic summary, not yet reviewed

1. It replaces the 1985 Military Criminal Code with a shorter text. Military criminal law is complementary to the general Criminal Code and covers only strictly military matters.
2. It replaces the phrase "tiempos de guerra" (wartime) with "en situación de conflicto armado" (in a situation of armed conflict), following the Geneva Conventions and International Humanitarian Law.
3. It adds a new title protecting, through criminal law, the fundamental rights and public freedoms of military personnel, as required by Organic Laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 9/2011.
4. It simplifies the penalty system: it adds fines as an alternative for negligent crimes, permanent location, and revocation of promotions. Community service is replaced by permanent location.
5. Book Two defines military crimes in five titles: against national security and defense, against discipline, related to fundamental rights of military personnel, against service duties, and against property in the military sphere.
6. It amends the law on the Competence and Organization of Military Jurisdiction and the Military Procedural Law, among others. It takes effect three months after publication in the BOE and applies only to acts committed after that.

Who it affects

• Members of the Spanish Armed Forces: They must know and comply with this code as the special criminal law that applies to them.
• Members of the Civil Guard (Guardia Civil): The code applies to them in certain cases (armed conflict, state of siege, military missions, integration into Armed Forces units) and for crimes against discipline and other titles, except acts that are part of police duties.
• Military courts: They try military crimes and impose penalties following the rules of the Criminal Code.
• Individuals and companies contracting with the Military Administration: They can be punished if they breach contracts with the Military Administration during armed conflict or state of siege when national defense interests are affected.

Words worth knowing

Ley orgánica (organic law)

A Spanish law reserved for major matters, such as fundamental rights, requiring special majorities to pass.

Jurisdicción militar (military jurisdiction)

The set of courts that judge military crimes.

Estado de sitio (state of siege)

An exceptional situation in which some guarantees are suspended and the Armed Forces take on public order duties.

Localización permanente (permanent location)

A penalty requiring the person to stay in a set place, usually their home, during certain hours or days.

Reincidencia (repeat offending)

Committing a new crime after a prior conviction for a crime of the same nature.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries