1. The soldier who mistreats a superior in action or attacks his sexual freedom or indemnity, will be punished with a sentence of six months to five years in prison, and may also be imposed the penalty of loss of employment and without damage of the penalty that corresponds to the harmful results produced or the assaults and other attacks against sexual freedom or indemnity actually committed, in accordance with the Penal Code.
2. The penalty of ten to twenty years in prison will be imposed, whenever the event occurs:
1. In a situation of armed conflict or state of siege, and it will be executed in an act of service or on the occasion of this.
2. In the face of the enemy, rebels or seditionists, or in critical circumstances.
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3. The indicated penalties will be imposed in their lower half to the soldier who puts his hand to a weapon or carries out acts or demonstrations with a tendency to physically mistreat a superior.
art 42 cpm
Article 42 of Military Penal Code Spanish refers to insult to superior as a crime of insubordination in the military sphere.