Abstract:

Offences against national security and defense have traditionally been considered as a seriously crimes in military penal code, according to Spanish military penal code, the semis conducts are regulated in the first articles of the Special Part. Within them, the offence of revealing secrets and information relating to national security and defense includes several conducts that affect this protected legal right. In the Spanish Code, unlike the previous one, the legislative technique of express reference issued. For this reason, article 26 must be completed with articles 277 and 598, in otherwise and following of the ordinary penal code. In spite of the remission, the penalties will be increased by one-fifth of the maximum limit and by one or two degrees if the offenses are committed in a state of siege or in the event of armed conflict.

Keywords: national defense; disclosure of secrets; classified information; official secrets; military jurisdiction