Crimes against the Homeland in the first third of the 20th century

The starting point of our study is located in the law of January 1, 1900, which incorporated into the current Penal Code of 1870 attacks on the integrity of the Spanish nation and incitements to the independence of some part of it. This measure was directed against the emerging Basque and Catalan nationalisms. In 1905, after the victory in the municipal elections of the separatists in Catalonia, the Montero Rios government presented a bill to suspend constitutional guarantees in that territory. The criticisms received forced his departure and the formation of a new Executive, chaired by Moret. The latter's agreement with Maura allowed the approval of the law of March 23, 1906, which transferred knowledge of the offenses committed against the armed forces or the Fatherland to the military courts. The following normative manifestation took place with the decree of September 18, 1923, where the jurisdiction of the military courts on this matter was ratified, as was also done again in the royal decree of March 17, 1926 and from there it passed to Articles 230 and 231 of the Penal Code of 1928. Finally, the decree of May 18, 1931, promulgated the month following the proclamation of the Second Republic, repealed the aforementioned 1926 on repression of acts considered to be acts of separatism.