The crimes resistance attack It consists in opposing the force, active or passive, to the action of the authority. This involves the sus agents to impede the effectiveness of its determinations.
With the crimes that punish the resistance attack, it is about safeguarding the principle of authority. Where is understood the authority that citizens deposit in institutions for the proper exercise of functions.
Institutions act at the service of a democratic society and therefore the community. Given this situation, I know that they demonstrate functions that would be compromised, to the detriment of society, if they were not fulfilled.
Reasons for the approach to the crime of money laundering
there would be a decline in orders and legitimate determinations of the democratically constituted authorities. The law determines the strength exercise by individuals against them.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
It is necessary to clarify that it does not protect the authority or its own agents, but rather the dignity of service public. Two behaviors of resistance to authority or its agents are regulated in Organic Law 10/1995.
Active resistance felony
It is foreseen as a form of attack in article 550 of the Penal Code located in Book II. In crimes against public order and attacks against the authority, its agents and public officials and resistance and disobedience.
Generic crime of resistance or disobedience
It is provided for in article 556 of the Penal Code where the systematization of the previous crime.
Offenses of attack on severe active resistance
The severe active resistance it is contemplated as a form of attack in article 550 of the Penal Code. Those who seriously and actively oppose the authority, its representatives or officials will be punished.
Given the possibility that they are in the performance of the functions of their functions or of these tasks.
Activation of the crimes of resistance attack
Anyone can author this crime, even if it is an authority that carries out said conduct in accordance with article.
He Penal Code contemplates disqualification for a period of ten to fifteen years. this penalty of disablement absolute in accordance with article 41 of the Penal Code.
Those that lead to the definitive deprivation of all honors, jobs and public positions held by the offender. Creates the impossibility of receiving the same or different honors in public charges during the trial period.
In the crimes of resistance attack the taxpayer is limited by two requirements that are developed in the Penal Code.
It is the authority in accordance with article 24 is one that as a member of a company has command in its jurisdiction. Members of the Congress of Deputies, the Senate, and the legislative assemblies of the Autonomous Communities are considered authorities.
The law extends to local companies, the CGPJ, the European Parliament, judges and prosecutors. Where he Authorized representative It will be the official who exercises delegated or executive functions on behalf of the authority.
criminal officer It is anyone who, by immediate determination of the law, participates in the exercise of public functions. The authority must be active in the exercise of its public functions.
Punishments for the crimes of resistance attack
The sanctioned action the attempt to seriously resist actively, which requires some subsequent requirements. The layout of the penal Code includes compliance with certain substantial elements.
In active resistance, the problem of differentiation between the crime of resistance and disobedience. The perspective focuses on seriousness, where resistance is to oppose compliance with what is indicated by the authority.
Given those stipulated by law, the physical nature of the resistance against the disobedience. What involves actively resisting, although without reaching the attack or force.
In case of using force or an attack, article 550 of the Penal Code of the crimes of resistance attack. Being quite clear that resisting presupposes not doing what is ordered, breaking an order or a mandate.
The assumption of endurance is to understand the crimes of attack resistance must establish certain parameters. The training of resistance may contain an order to be exercised.
It must have a concrete content, not be an abstract or indeterminate order. It must be legitimate, emanate from those who are exercising their functions, have competence to issue such order or mandate
The order or mandate must be made known in an express, clear and definitive manner. He active subject of the crime You must be bound to comply with it personally and directly.
In severe resistance in the crimes of resistance attack it is necessary that it involves the use of tenacious force. It has to be almost aggressive, bordering on the attack, which it can't hit.
Elements that make up the crimes of resistance attack
The crimes of resistance attack they are committed intentionally, that is, intentionally. What obliges the active subject to know all the items previously described with the established requirements.
The penalties to be imposed are prison two to four years and a fine of three to six months. If the opposition is directed against the authority, depending on the seriousness it will be imprisonment from six months to three years.
More severe penalties are imposed if it is committed resistance in a riot, plantation or mass incident in a prison.
The crimes of resistance attack non-serious are provided for in article 556 of the Penal Code. Sanctions those who, without being included in article 550, oppose the authority or its representatives.
It's about a residual offense that occurs if the facts are not summarized in the crime under discussion. These crimes of resistance attack they share the same characteristics with the crime of aggression.
For this crime to occur, there must be a prior order or mandate from the authority and its agents. The difference lies in the quality and quantity of the opposite resistance.
In this case it is a non-severe active resistance or a passive resistance. Maintaining the jurisprudential order stipulated by the penal code of Spain in the crimes of resistance attack.
By passive resistance we must understand that constituted by an apparent and clear attitude of physical rebellion. This use of physical force does not have to be against the authority or the agents, but it can affect things.
