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What it is

Discipline rules and penalties for members of the Spanish Armed Forces

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 6 October 1997. Introduced by: Gobierno.

Official title: Organic Government bill on the Disciplinary Regime of the Armed Forces.

Follow this law

Source: Congreso de los Diputados, file 121/000083· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law aims to guarantee compliance with the Constitution, the Royal Ordinances and other rules governing the Military Institution, obedience to command orders and respect for the chain of command, without prejudice to the corresponding criminal protection.
  2. Offenses are divided into minor and serious. Examples of minor offenses include lack of punctuality or failing to salute; serious offenses include drinking alcohol while on armed duty or bringing and using drugs in military places.
  3. Penalties for minor offenses range from a written reprimand to arrest of one to thirty days at home or at the Unit. For serious offenses, the penalties are arrest of one month and one day to two months in a military disciplinary establishment, loss of posting, or dismissal from the training center.
  4. Through an expediente gubernativo, extraordinary disciplinary penalties can be imposed on career military personnel: loss of places in the seniority list, suspension of rank, or discharge from service. Grounds include habitual drunkenness or drug use, and acts affecting the sexual freedom of subordinates or peers by taking advantage of a position of superiority.
  5. Minor offenses expire after two months and serious ones after six. Minor offenses are handled through a mainly oral procedure; serious ones through a written procedure with an examiner and a secretary, and the person under investigation has the right to legal advice and to propose evidence.
  6. Penalties can be appealed to the superior command within fifteen days, without suspending the penalty itself. All penalties except the reprimand are recorded in the person's military file and are erased, at the person's request, after one, two, or four years depending on the offense.

Who it affects

  • Career and professional military personnel: They are covered by the law and can receive all penalties, including extraordinary ones through an expediente gubernativo.
  • Conscript military personnel: The law applies to them during military service, with penalties applied less strictly; an arrest prevents moving to the reserve until it is served.
  • Students at military training centers: They can be sanctioned with arrests served at the center itself and, for a serious offense, with dismissal from the center.
  • Military commanders and authorities: They have the power to sanction personnel under their orders, with different limits depending on their position and rank.

Words worth knowing

Prescripción (statute of limitations)
The time that passes without an offense being punished or a penalty being carried out; once it runs out, it can no longer be enforced.
Expediente gubernativo (administrative disciplinary file)
A special procedure used to impose extraordinary disciplinary penalties on career military personnel.
Escalafón (seniority list)
The ordered list of military personnel of the same Corps and rank, by seniority.
Reprensión (reprimand)
An express written reproof that a superior sends to a subordinate.
Reales Ordenanzas (Royal Ordinances)
Basic rules setting out the duties and rights of military personnel.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced6 October 1997Someone registers the text in the Congreso.
  2. Admitted7 October 1997The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments10 October 1997Groups propose changes.
  4. Committee25 November 1997A committee goes through the text in detail.
  5. Plenary13 May 1998All 350 deputies vote.
  6. Senate28 May 1998The Senate can pass it, amend it or veto it.
  7. BOE12 November 1998It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Dec 1997Mar 1998Jun 1998Sept 199811. 6 October 1997: Presentación22. 7 October 1997: Comisión de Defensa Publicación desde 07/10/1997 hasta 10/10/199733. 7 October 1997: Calificación44. 10 October 1997: Comisión de Defensa Enmiendas desde 10/10/1997 hasta 25/11/199755. 25 November 1997: Comisión de Defensa Debate de totalidad desde 25/11/1997 hasta 18/12/199766. 18 December 1997: Comisión de Defensa Informe desde 18/12/1997 hasta 14/04/199877. 14 April 1998: Comisión de Defensa Dictamen desde 14/04/1998 hasta 13/05/199888. 13 May 1998: Pleno Aprobación desde 13/05/1998 hasta 28/05/199899. 28 May 1998: Senado desde 28/05/1998 hasta 12/11/19981010. 12 November 1998: Concluido - (Aprobado con modificaciones) desde 12/11/1998 hasta 12/01/1999

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

It was presented again:

The same initiative in the other chamber:

Published in the BOE: Organic Law 8/1998, of December 2, on the Disciplinary Regime of the Armed Forces.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error