Crime of insults to the Armies: from The Cu-Cut to La Torna

• Main Author: Esteban José HERNANDO ZAMANILLO
• Format: Article
• Language: English
• Published: Ediciones Universidad de Salamanca 2019-02-01
• Series: Studia Historica: Historia Contemporánea
• Subjects: España; siglo xx; jurisdicción militar; Fuerzas Armadas; delitos militares; aplicación del derecho militar a personal civil; Els Joglars
• Online Access: http://revistas.usal.es/index.php/0213-2087/article/view/20091

The conflicts between the militia and the society, that were entailed by the Cu-Cut crisis in 1905 and provoked the so-called Law of Jurisdiction, were repeated again in 1978 with the military process in which the members of the catalan theatre group Els Joglars were prosecuted and convicted by a military criminal court for various obloquy offenses to the Armies, typified in the Code of Military Justice, and perpetrate during the representation of the play La Torna. In both episodes military courts were used to retaliate for conducts outside the strictly military sphere.<br />However, the role of the constituent bodies of the Military Jurisdiction should be the result of the need to impart justice within the Armed Forces. Consecuently, forcing the application of the Military Criminal Law to civilian personnel, might suppose, as it has happened in those circumstances, a denaturation and oversizing as a polemological factor.