One sergeant has been sanctioned to pay a fine for five days for “publicly express opinions that, directly related to the service of the Armed Forces, do not conform to the limits derived from the discipline”.
The military man received an order for which he had to remove some photographs that appeared in the purchase application Wallapop. In these his private vehicle appeared inside a barracks. The Regiment chief ordered him to retreat of these considering that they could endanger your safety and that of the other components of the unit.
He reacted by publishing on his Facebook profile: “I am a military man… loyal and faithful to my country… and I am proud of it… my publications come from military vehicles and barracks… and ???? … they come to me. me to touch myself (…)… this is (…) ”.
The sergeant has filed a military disciplinary contentious appeal to the decision of a colonel to impose the light penalty and fine, already dismissed in appeal. Again, the appeal has been dismissed by the military courts.
Typified fault
The appellant has alleged lack of typicality before the facts for which he has been convicted.
He argues that his comments are not strictly related to services and are not directed to any superior or subordinate, so the elements of the disciplinary type are not given:
“Publicly express opinions that directly related to the service of the Armed Forces do not conform to the limits derived from the discipline.”
However, the military justice considers that the demonstrations were contrary to discipline, questioning the order and its purpose.
Sanctioned by a competent authority
The sergeant also tried to defend himself, arguing that the sanction was imposed by a non-competent authority.
However, article 32 of the LORDFAS lists the authorities and commands with disciplinary power, within the scope of their respective powers, where regimental or unit chiefs are included.
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