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Spain MILITARY JUSTICE
During the Franco regime, military courts were
competent to
try a wide array of political crimes by civilians,
including
terrorist acts and offenses against military honor by the
press.
Martial law was invoked frequently, enabling military
courts to
prosecute civilians charged with participating in strikes,
demonstrations, and subversive meetings. In accordance
with the
requirements of the new 1978 Constitution, an organic law
passed
in 1980 abolished the jurisdiction of military courts over
civilians. In addition, common crimes committed by
military
personnel were to be tried in civil courts, and sentences
imposed
by military courts were subject to review by the Supreme
Council
of Military Justice and by the civil Supreme Court as the
final
court of appeal.
A completely new Military Penal Code was adopted in
late
1985. The new code introduced safeguards comparable to
those of
the civil criminal system, including the appointment of
defense
counsel and a ban against degrading punishment. It
distinguished
between conduct of a criminal character that was subject
to
criminal justice and disciplinary infractions that were to
be
handled by the military commands. The new code reduced the
jurisdiction of military courts in the area of political
crimes,
such as rebellion, and it placed limits on the defense of
obedience to legal authority in connection with illegal or
unconstitutional acts. The death penalty was abolished for
all
but certain crimes committed in wartime, and even in such
cases
the death penalty was not to be mandatory.
Data as of December 1988
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