Spanish soldier jailed for travelling while on sick leave
Spain's Supreme Court upholds the minimum three-month prison sentence for a soldier who travelled to Málaga without permission while on sick leave.
English · Original discussion in Spanish · Published
Spanish soldier sentenced to prison for travelling to Málaga while on sick leave
Three months and one day in prison. That is the sentence upheld by the Military Chamber of Spain's Supreme Court for a soldier stationed in Melilla. The reason: he travelled to Málaga without authorisation and spent four days away from his place of residence while on sick leave. The Second Territorial Military Court in Seville found him guilty of the offence of abandoning his residence, a crime defined for active-duty military personnel who are absent for more than three days.
The sentence is the legal minimum. The ruling, which rejects all of the convicted soldier's appeals, leaves an uncomfortable aftertaste: in the 21st century, an ordinary worker can hop on a train and spend four days in another city without asking anyone's permission. A soldier cannot. And if he does, he may end up in prison.
The clash between discipline and rights
The case reopens an uncomfortable debate. Some argue that military order requires such controls and that the soldier knew the rules; others consider the sentence disproportionate and point out that laws of this kind discourage enlistment in an army that already pays the minimum wage. One question remains in the air: how many young people are willing to ask permission to rest when everyone else does not have to.
The unsettling fact is not the sentence itself, but that the Military Incivil Code still treats a four-day alucinación as a crime punishable by prison. The ruling is final. The debate is not.
Three months and one day in prison. That is the sentence upheld by the Military Chamber of Spain's Supreme Court for a soldier stationed in Melilla. The reason: he travelled to Málaga without authorisation and spent four days away from his place of residence while on sick leave. The Second Territorial Military Court in Seville found him guilty of the offence of abandoning his residence, a crime defined for active-duty military personnel who are absent for more than three days.
The sentence is the legal minimum. The ruling, which rejects all of the convicted soldier's appeals, leaves an uncomfortable aftertaste: in the 21st century, an ordinary worker can hop on a train and spend four days in another city without asking anyone's permission. A soldier cannot. And if he does, he may end up in prison.
The clash between discipline and rights
The case reopens an uncomfortable debate. Some argue that military order requires such controls and that the soldier knew the rules; others consider the sentence disproportionate and point out that laws of this kind discourage enlistment in an army that already pays the minimum wage. One question remains in the air: how many young people are willing to ask permission to rest when everyone else does not have to.
The unsettling fact is not the sentence itself, but that the Military Incivil Code still treats a four-day alucinación as a crime punishable by prison. The ruling is final. The debate is not.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (11 replies).
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