Military Criminal Code
Organic Law 14/2015 of 14 October. Current consolidated text with the 85 articles defining military offences and their penalties.
85 articles · Two books
The Military Criminal Code (CPM), enacted by Organic Law 14/2015 of 14 October and in force since 15 January 2016, is the special criminal statute of the armed forces: it defines military offences and sets their penalties. It applies to those holding military status at the time of the offence —professional members of the Armed Forces, activated reservists and students at military training academies (art. 2)— and to members of the Guardia Civil in the limited cases of art. 1.4 and 1.5, which exclude acts inherent to policing duties.
Its relationship with the ordinary Criminal Code is set by article 1: the CP applies on a subsidiary basis where the CPM is silent and its Preliminary Title always applies (art. 1.2); and if the CP provides a heavier penalty for the conduct, the CP applies, although the case remains before the military courts (art. 1.3). The text is organised into two books: the first contains the general provisions —scope, the military offence and penalties (arts. 1 to 23)— and the second the offences and their penalties (arts. 24 to 85): against national security and defence, against discipline —sedition, assault on a superior, disobedience and abuse of authority—, against the exercise of fundamental rights, against service duties —cowardice, disloyalty, abandonment of post, desertion or breach of duty— and against military property.
Its application falls to the military jurisdiction, which article 117.5 of the Constitution confines to the strictly military sphere: military investigating courts and the Territorial and Central Military Courts (Organic Law 4/1987), with the Fifth (Military) Chamber of the Supreme Court at the apex, deciding cassation and review appeals. The index below reflects the actual structure of the statute with its most consulted provisions; the browser further down gives access to the full text.
Index by title: key articles
Book I · Title I — Scope of application and definitions
Arts. 1–8
Book I · Title II — The military offence
Arts. 9–10
Book I · Title III — Penalties
Arts. 11–23
Book II · Title I — Offences against national security and defence
Arts. 24–37
Book II · Title II — Offences against discipline
Arts. 38–48
Book II · Title III — Offences relating to fundamental rights
Arts. 49–50
Book II · Title IV — Offences against service duties
Arts. 51–80
- Art. 51Cowardice
- Art. 55Disloyalty: false information on service matters
- Art. 56Abandonment of post or residence
- Art. 57Desertion
- Art. 61Dereliction of command
- Art. 67Abandonment of armed duty
- Art. 68Sentry leaving their post
- Art. 70Intoxication on armed duty
- Art. 71Failure to assist friendly forces
- Art. 73Offences against service effectiveness
Book II · Title V — Offences against military property
Arts. 81–85
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Frequently asked questions about the Military Criminal Code
What is a military offence under Spanish law?
Under art. 9 of the Military Criminal Code, military offences are the intentional or negligent acts and omissions defined in Book Two of the Code itself (arts. 24 to 85). In addition, the offences of treason and against persons and property protected in armed conflict defined in the ordinary Criminal Code become military offences when committed by military personnel abusing their powers or breaching the duties of their specific legislation, as does rebellion in an international armed conflict (art. 9.2). In those cases the maximum penalty under the CP is increased by one fifth, unless the offender’s official capacity was already taken into account in defining or punishing the offence (art. 9.3).
Who is subject to the Military Criminal Code?
Anyone holding military status at the time of the offence (art. 2): professional members of the Armed Forces or the Guardia Civil, activated reservists and students at military training academies, among others. Members of the Guardia Civil are fully subject to it in wartime, during a state of siege, on military missions or when embedded in Armed Forces units (art. 1.4); outside those cases, the offences against discipline and other titles of Book Two apply to them, excluding acts inherent to policing duties (art. 1.5).
How does it relate to the ordinary Criminal Code?
The ordinary Criminal Code (CP) applies on a subsidiary basis to military offences where the Military Criminal Code is silent, and the Preliminary Title of the CP always applies (art. 1.2 CPM). An alternativity rule also operates: if the CP provides a heavier penalty for the conduct, the CP applies, although the case remains before the military courts (art. 1.3 CPM). Military courts impose penalties following the sentencing rules of the CP (art. 19 CPM) and may suspend sentences and grant parole under the CP (art. 22 CPM).
Which courts try military offences in Spain?
The military jurisdiction, which art. 117.5 of the Constitution confines to the strictly military sphere and to states of siege. It comprises the military investigating courts (Juzgados Togados) and the Territorial and Central Military Courts, governed by Organic Law 4/1987 on the jurisdiction and organisation of military justice. At its apex sits the Fifth (Military) Chamber of the Supreme Court, which hears, among others, cassation and review appeals against military court decisions, ensuring jurisdictional unity.
What penalties does the Military Criminal Code provide?
Art. 11 distinguishes serious penalties (imprisonment exceeding three years, loss of rank, and absolute disqualification from commanding a warship or military aircraft) from less serious ones (imprisonment from three months and one day to three years, imprisonment from two months and one day to three months, military suspension from duty, a fine of two to six months, and permanent localisation). As ancillary penalties, imprisonment exceeding three years entails loss of rank and shorter prison terms entail military suspension; for intentional offences punished with more than six months, promotions earned since the offence may also be revoked (art. 15).
What is the penalty for desertion?
Art. 57 punishes as a deserter the servicemember who absents themselves or fails to report with the intention of permanently evading their duties: one to four years of imprisonment, with possible loss of rank; in wartime or during a state of siege, five to fifteen years. It differs from abandonment of post or residence under art. 56 (unjustified absence exceeding three days without that permanent intention), punished with imprisonment from three months and one day to two years.
Related content
Source: Official State Gazette (BOE). Current consolidated text of Organic Law 14/2015 of 14 October, the Military Criminal Code. Informational content: applying the law to a specific case requires a lawyer’s analysis. View on the BOEBOE-A-2015-11070
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