276 Journal of the Spanisch Institute for Strategic Studies N. 3 / 2014 SPECIAL CASES • Serious infringement provided for in article 8.14 of the Bill Article 8.14 of the bill, provides the following pre-condition for committing a very serious infringement, “condemned by a firm ruling in application of laws distinct from the Military Penal Code to a prison sentence for an intentional crime, or to a prison sentence greater than one year for an offence committed through imprudence, in either case where it affects the service or public image of the Armed Forces or military dignity, or causes damage to the Administration”. At first sight, this disciplinary type cannot be included along with those previously mentioned, because of the range of criminal offences that it can embrace, without being necessarily related to the gender perspective. However, there is scope for those crimes of sexual or gender violence under the Ordinary Penal Code, of even greater significance for the Institution, in particular if they are committed in couples, whose members are posted to the same unit. Consequently, article 19 of the Bill, provides for, among other measures, suspension as a possible sanction for very serious offences, extending its duration to that provided for in the sentence for cases cited in article 8.14. With this new draft the range of offences and the duration of the suspension from work would be that established under the existing article 66 of the Disciplinary Regime Organic Law 9/1998.18 With regard to the female soldier victim of gender violence, who is therefore eventually obliged to change her posting to ensure her protection or her right to comprehensive social assistance without prejudice to her preferential right to occupy another posting that may be vacant and whose provision would be necessary under article 101 of the Military Career law; and the right to geographic mobility recognised in the Royal Decree 456/2011, of 1st April , which approved the regulation of military personnel postings19. In view of the evaluation granted to the gravity of the charges, 18 “In the case of the previous article, the offending serviceman shall be served with sanction of separation from service or suspension of employment up to the duration of the sentence as a maximum if this is above three years imprisonment for any offence, or where lower it would be for intentional crimes of homicide, injury, threats, and intimidation against sexual liberty, against heritage and against the socio-economic order and against public health and falsehoods In other cases the sanction of loss of posts on the promotional ladder or the suspension of office for a maximum time period coinciding with the duration of the sentence. 19 Art. 27 .1 “The military service woman victim of gender violence who is obliged to move to a different posting in order to ensure her own protection or right to comprehensive social assistance, can request the assignation of a post, if possible of similar category, in the same municipal area or in another different one, without being subject to the minimum permanency requirement Art. 27.4.- “In the case of there being no vacancy with the required characteristics, the applicant will be
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