[293] (First Five Articles)
Article 1. The Spaniard who takes up arms against the Fatherland under an enemy flag or under the command of those fighting for the independence of a part of Spanish territory will be punished with life imprisonment.
Article 2. Those who verbally
or in writing, by means of printing, engraving, prints, allegories, caricatures,
signs, shouts, or allusions, offend the Nation, its flag, national anthem,
or other emblem of its authority will be punished with correctional imprisonment.
The same punishment will
be incurred by those who commit similar crimes against the regions, provinces,
cities, and towns of Spain and their flags or coats of arms.
Article 3. Those who verbally or in writing, by means of printing, engraving, or other mechanical means of publication, in prints, allegories, caricatures, emblems, or allusions, insult or offend, overtly or covertly, the Army or the Navy or certain institutions, arms, ranks, or corps of the same, will be punished by correctional imprisonment. The punishments of major detention in the medium and maximum degrees and correctional imprisonment in the minimum degree shall be imposed on those who verbally or in writing, by printing, engraving, or other means of publication, directly incite insubordination in the armed forces or separate from the fulfillment of their military duties persons who serve or who are called to serve in the national forces on land or sea.
[294] Article 4. Defense of the crimes included in this law and of the offenders, shall be punished with major detention.
Article 5. Ordinary courts of law will have jurisdiction over cases brought for any of the crimes referred to in Articles 1, 2, and 4 of this law, provided that the accused do not belong to the Army on sea or land and do not commit a military offense at the same time. Military courts will have jurisdiction over the cases referred to in Article 3.
Paragraph 1 of Case 7 of
Article 7 of the Code of Military Justice and Number 10 of Article 7 of
the Law of Organization and Attributions of Navy Tribunals, shall be modified
as follows:
Article 7. By virtue of
the crime committed, military jurisdiction will include those cases brought
against any person for:
7. An attack on or disrespect
for military authorities, injury or slander against them or against Army
institutions or collectivities, whatever the means employed to commit the
crime, including the press, engravings, or other mechanical means of publication,
with the proviso that said crime refer to the exercise of a military post
or command, that it tend to diminish the prestige or to relax the bonds
of discipline and subordination in the armed forces, or to encourage those
who are serving or are called to serve in that institution to abandon their
military duties.
SOURCE: Gaceta
de Madrid 145 (April 24, 1906), 2: 317-18.