Military Code Law
Military Penal Law is based on one of its fundamental norms, the Military Penal Code (Organic Law 14/2015, of October 14) will be applied to offenses that constitute military crimes. Disciplinary offenses committed by members of the Armed Forces and the Civil Guard will be governed by their specific legislation.
When an action or omission constituting a military crime corresponds to a more serious penalty in the Penal Code, said Code shall be applied by the Military Jurisdiction.
MILITARY
1. The malicious or reckless actions or omissions provided for in the Second Book of the Military Penal Code are military crimes.
2. Likewise, military crimes are any other actions or omissions committed by a military man and typified in the Penal Code, such as:
a) Crimes of treason against the fatherland and crimes against persons and property protected in the event of armed conflict, including common provisions, provided they are committed with abuse of power or violation of the duties established in Organic Law 9/2011 , of July 27, on the rights and duties of the members of the Armed Forces or in Organic Law 11/2007, of October 22, regulating the rights and duties of the members of the Civil Guard.
b) Crime of rebellion, in the event of an international armed conflict.
GUARDIA CIVIL
Disciplinary offences committed by members of the Armed Forces and the Civil Guard will be governed by their specific legislation.
