Tuesday, June 6, 2023

Jumping the fence

In military law, we more often see cases arise from those who leave a military post than those who enter it. In this recent decision, the Conflicts of Jurisdiction Chamber of the Spanish Supreme Court, distinguishing earlier cases, ruled that there was no military court jurisdiction over two civilians who, while drunk, jumped over the fence surrounding a military compound and did minor damage to a private vehicle and a doorknob there. Details here.

It would seem from the court's decision that if the civilian intruders had sought to steal military equipment, for example, court-martial jurisdiction would have been upheld.

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