David Robles Ramos has written this summary of military jurisdiction in Spain. Short version: it's complicated. "[T]here are certain crimes that are contemplated in the Military Penal Code and others in the Penal Code that can be imputed to military personnel, that the Military Penal Code does not apply only to the military, but also non-military personnel, and not only in the event of a state of siege or armed conflict, but also in times of peace. Likewise, professional military personnel are only subject to military criminal laws if their military status is not suspended."
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