Military Criminal Law: Offenses, Jurisdiction and Defense

Military criminal law is a specialized branch with its own substantive rules and its own jurisdiction. As criminal lawyers in military offenses, we assist service members under investigation before this specific jurisdiction.

The Military Penal Code

The Military Penal Code, enacted by Organic Law 14/2015, defines strictly military conduct not covered by the ordinary Penal Code. The latter, together with the Criminal Procedure Act, applies in default for matters not addressed by the military rules.

Categories of Offenses

Offenses specific to this branch include those committed against discipline (insubordination, disobedience), abandonment of post or residence, desertion, offenses against service duties and those committed against the military administration. The status of service member and the service context are decisive elements of the offense.

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.

Defense Strategy

The defense requires knowledge of the particularities of military procedure and the interaction between the disciplinary and criminal regimes. It examines the application of defenses (due obedience within its limits) and the correct line between a disciplinary infraction and an offense.