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The Supreme Court resolves a jurisdictional conflict to determine whether a civilian accessing a military barracks should be tried by military or ordinary justice. The Jurisdictional Conflict Chamber establishes that military jurisdiction must be limited to the 'strictly military' sphere (art. 117.5 CE). Since no strictly military crime or direct impact on national defense was identified, ordinary jurisdiction prevails (Judgment no. 1/2026).
For civilian citizens, this ruling reinforces the right to a trial by an ordinary judge as determined by law, preventing the application of the Military Penal Code to conduct that only affects public order or site security (Art. 117.5 of the Spanish Constitution). For the Administration and the Judiciary, it delimits the competence of Military Courts, restricting it to offences involving a strictly military legal interest rather than being based solely on the location of the incident (Ruling No. 1/2026).
The tax team reviews your specific situation.
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