Análisis del delito de abandono de destino y residenciaFactores criminógenos y motivos para la «no» despenalización

  1. Manuel Rodríguez Monserrat
Journal:
Revista española de derecho militar

ISSN: 0034-9399

Year of publication: 2023

Issue: 120

Pages: 43-83

Type: Article

More publications in: Revista española de derecho militar

Sustainable development goals

Abstract

In recent years, the existence of the crime of abandonment of destination or residence has been questioned, justifying its decriminalization and relocation into the disciplinary regime of the Armed Forces. However, there are circumstances that are evidence to the contrary. It is the most committed crime in the military jurisdiction, and its relocation could generate a higher rate. Especially noteworthy is the fact that the Second Territorial Military Court (on which depend Ceuta and Melilla) is the court that has the most cases on this type. Therefore, and together with the geostrategic needs and problems that occur on the southern border, its maintenance is necessary without the relocation or modification of the crime.