Military Criminal Law: Offences, Jurisdiction and Defence
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listIn this article
lightbulbKey Takeaways
- check_circleMilitary Criminal Code: Organic Law 14/2015
- check_circleStrictly military offences
- check_circleSpecialized military jurisdiction
- check_circleOrdinary Criminal Code applies in default
Quick answer
Military criminal law is a specialized branch with its own substantive rules — the Military Criminal Code, enacted by Organic Law 14/2015 — which defines strictly military conduct not covered by the ordinary Criminal Code, with the latter and the Criminal Procedure Act applying in default. It covers offences against discipline (insubordination, disobedience), abandonment of post, desertion and offences against service duties and the military administration. Prosecution falls to the military jurisdiction: the Territorial Military Courts, the Central Military Court and, on cassation, the Military Chamber (5th Chamber) of the Supreme Court.
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Military criminal law is a specialized branch with its own substantive rules and its own jurisdiction. As criminal lawyers in military offences, we assist service members under investigation before this specific jurisdiction.
The Military Criminal Code
The Military Criminal Code, enacted by Organic Law 14/2015, defines strictly military conduct not covered by the ordinary Criminal Code. The latter, together with the Criminal Procedure Act, applies in default for matters not addressed by the military rules.
Categories of Offences
Offences specific to this branch include those committed against discipline (insubordination, disobedience), abandonment of post or residence, desertion, offences against service duties and those committed against the military administration. The status of service member and the service context are decisive elements of the offence.
The Military Jurisdiction
Prosecution falls to the military jurisdiction: Territorial Military Courts, the Central Military Court and, on cassation, the Military Chamber (5th Chamber) of the Supreme Court. It is a jurisdiction integrated into the State judiciary, with full procedural guarantees.
Defence Strategy
The defence requires knowledge of the particularities of military procedure and the interaction between the disciplinary and criminal regimes. It examines the application of defences (due obedience within its limits) and the correct line between a disciplinary infraction and an offence.
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