Page 277

REVISTA IEEE 3

277 Daniel Rey Moral The incidence of the gender perspective in drafting the new armed forces disciplinary regime law the possibility of remand in custody, the damage of such an indictment to the Armed Forces and the public concern it could give rise to, article 111 of the Military Career law (in the draft proposed in the Third Final Disposition of the Disciplinary Regime Bill) provides for a possible administrative agreement on the suspension from office of the military serviceman who is charged, indicted, or in respect of whom an interim measure has been adopted in a criminal procedure (for gender violence) or a disciplinary procedure for a very serious offence, expressly establishing whether the said suspension also carries with it the termination of service. Therefore committing a crime of gender violence could not only produce the initiation of a case for having committed a serious offence as provided for in article 8.14, but also the possible suspension of office with the termination of service. Besides should the accused be a member of troop and navy military personnel with a temporary service contract, under given mandate or legal provision, there would be grounds for a rescission of the contracted commitment.20 Similarly, the proposal to modify article 112 of the Military Career Law21 envisages termination of service in the case of suspension from duties if, as a result of the sentence, the accused military serviceman has to go to a penitentiary establishment to comply with the deprivation of liberty imposed in the sentence ; or when a disciplinary suspension sanction or suspension from office is imposed for a very serious offence for a period greater than six months. • The enforcement of house arrest for minor infringement The gender perspective has had a notable influence on the military legal order that protects the reconciliation of family, personal and professional life, without constituting an obstacle to the enforcement of disciplinary responsibilities. Article 15 of the Armed Forces Disciplinary Regime Bill regulates remand in custody from one to fourteen days, for committing one of the minor offences provided for in article 6. Its content, similar to that of the Organic Law 8/199822 in force, imposes house arrest or detention at the unit, barracks, base, vessel or establishment indicated in the disciplinary resolution. The sanctioned military serviceman continues informed of the closest municipalities and units to those requested so that she can give her preferences. 20  Formulation provided for in articles 118 of Law 39/2007, and article 10.2. of Law 8/2006, of 24th April of rank and file servicemen, according to the content of the Disciplinary Law Bill. At present these precepts include intentional crime as the immediate cause for the rescission of contractual commitment. 21  Section Six of the Third Final Disposition of the Armed Forces Disciplinary Regime Bill. 22  Article 13.- “The arrest of one to thirty days consists in the restriction of the freedom of movement of the accused and implies his presence for the duration of the arrest at his home or at the Unit workplace, barracks, base, vessel or establishment indicated…”.


REVISTA IEEE 3
To see the actual publication please follow the link above