The enforcement of criminal sentences in the Spanish military and its adaptation to Article 80 of the Penal Code

Abstract

This paper addresses the adoption of alternative and substitution measures for custodial sentences under the Penal Code to the enforcement of criminal sentences in the military sphere, particularly the suspension of the sentence under Article 80. These measures were traditionally not applicable to those convicted under the Military Penal Code, requiring the imposition of sentences, even if they were short, mostly three months and one day or less than a year. The obligation to serve these short sentences was seen as greater protection of the discipline and specific duties of members of the Armed Forces and the Civil Guard (now restricted to the exercise of their military functions). However, some social and doctrinal sectors questioned their compatibility with the constitutional principle of the humaneness of sentences and their orientation toward reintegration, ultimately generating this regulatory change that we consider more in line with our current rule of law.