Article 7 of the Military Penal Code

  Military Penal Code

1. For the purposes of this Code, the term enemy is understood to be:

1. Members of the armed forces of a party that is in a situation of armed conflict with Spain;

2. Any force, formation or band that carries out an armed operation, under the orders, on behalf of or with the help of such enemy party;

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3. Forces, formations or bands, members of non-state armed groups, that operate in a space where Spain develops or participates in an international coercive or peace operation, in accordance with international law;

4. The organized armed groups referred to in section 4 of article 1 of Protocol I of June 8, 1977, Additional to the Geneva Conventions of August 12, 1949, that are in a situation of armed conflict with Spain .

2. Land, naval or air forces are facing the enemy or facing rebels or seditionists, for the purposes of this Code, when they are in such a situation that they can direct acts of hostility against any of them, immediately enter into combat or be susceptible of their attacks, as well as when, being deployed in the area of operations, they are alerted to take part in a war operation or to use their own armed force in an armed conflict or in an international coercive or peace operation.

3. For the purposes of this Code, critical circumstances are those situations of imminent danger to the integrity of people or the fulfillment of the entrusted mission, as well as those that pose a serious and immediate risk to the unit, warship or ship. the Civil Guard, or military aircraft where the person responsible provides their services.

art 7 cpm

Article 7 of Military Penal Code Spanish establishes the definition of what is understood as an enemy for the purposes of this code.

Article 7 of Penal Code Military is found within Title I of the First Book. It refers to the scope of application of the Military Penal Code and definitions.