Civil Guard Cleared of 'Abandoning Residence' While on Medical Leave

A military court in Santa Cruz de Tenerife has cleared a civil guard of charges. He was accused of two counts of "abandoning his residence" and faced trial on December 4th. The court's decision means the officer is not criminally responsible, and it rejected the prosecutor's demand for a six-month, two-day prison sentence and suspension from duty.

The Unified Association of Civil Guards (AUGC) learned about the verdict on December 15th from their lawyer in Tenerife, Begoña Fleitas, who defended the officer. The case had taken months to resolve due to several delays. It was sent to a military court even though it began as a minor disciplinary issue.

The incident happened in the summer of 2024. The civil guard, based at the Las Américas barracks, was on medical leave after a traffic accident. While on leave, he went to mainland Spain to be with family and get support. He asked to temporarily change his official residence, but his superiors denied this request, even though doctors said there was no medical reason to prevent the move.

The court's decision stated that the civil guard always went to his medical appointments, was always contactable, and followed his superiors' instructions. The court highlighted that being on medical leave doesn't mean a patient must stay confined. It also said that the right to travel is fine, even when on leave, as long as the person can still be found, is available, and can be checked on. The court found that none of these conditions were violated in this case.

The court concluded that the officer acted legally and that his actions did not amount to the crime he was accused of. Therefore, he was cleared of both charges of abandoning his residence, and any related penalties were cancelled.

The AUGC sees this ruling as a win for the basic rights of civil guards. They have again called for changes to the law to reduce how often the Military Penal Code is used for police officers. The association argues that current rules treat civil guards unfairly compared to other citizens and go against principles like legal certainty and freedom of movement.

The AUGC publicly congratulated its legal team and, especially, the civil guard who was cleared. They noted that this case has helped strengthen the collective rights of officers and brought attention to the challenges faced by those living on islands like the Canary Islands.