1. Willful or reckless actions or omissions provided for in the Second Book of this Code are military crimes.
2. Military offenses are also any other actions or omissions committed by a soldier and typified in the Penal Code as:
a) Crimes of treason and crimes against persons and property protected in the event of armed conflict, including common provisions, provided that they are perpetrated with abuse of powers or violation of the duties established in Organic Law 9/2011, of July 27 , of rights and duties of members of the Armed Forces or in Organic Law 11/2007, of October 22, regulating the rights and duties of members of the Civil Guard.
b) Crime of rebellion, in case of international armed conflict.
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3. The maximum limit of penalties established in the Penal Code for the crimes provided for in the second section of this article will be increased by one fifth, except when the status of authority or official of the active subject of the criminal offense has already been taken into account. account by law when describing or punishing the crime.
art 9 cpm