Open-access Approach to disclosure of secrets and information related to national security and defense in the Military Penal Code

Abstrac:

This article is an approach to the crime(s) of secrets disclosure and information related to National Security and Defense, taking into account the complexity of the Spanish legislative technique with regard to the military crimes included in the military penal code. For this reason, the author focuses on military specialties without going into analysis, although are included, the provisions of the common rules used by military criminal law to achieve the intended complementarity of those equivalent in the Spanish penal system. The particulars of the crime is centered on the active subject (the military) and his greater criminal reproach if he performs the actions provided in the regulations as a consequence of being a special public servant.

Key words: military; military penal code; penalty; forwarding; national defense and security

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Universidad Nacional para la Defensa “General Juan Pablo Duarte y Díez”
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