The crime of disobedience to authority occurs when someone intentionally refuses to obey the order of the authority (usually from the Guardia Civil) or when the instructions are not complied with. orders from a hierarchical superior.
It is a type of crime that presents different variations, such as in the field of road safety or that committed by public officials or authorities and disobedience to the requirement to appear before an investigation commission.
1. What is the crime of disobedience to authority?
On the contrary, in the case of an attack against authority, in the case of disobedience, acts knowingly, and seriously, but without the use of violence. The orders of the authority (usually being the State Security Corps and Forces) or of a hierarchical superior are ignored.
Crime of disobedience committed by a public official
The official may be the author of the crime of disobedience in the exercise of the functions of his office, when he decides not to comply with the orders of the higher authority.
Which have been issued within the scope of their respective competence and complying with legal formalities, being a sanction of arts. 410 and 411 of the Penal Code, in the chapter corresponding to disobedience. The penalties to which he can be sentenced are disqualification from doing his job from 6 months to 2 years and a fine of between 3 and 12 months.
What happens when you refuse to take a breathalyzer test?
The action of refusing to submit to tests for alcohol, psychotropic substances, toxic drugs is a crime of disobedience to authority cataloged in article 383 of the Penal Code.
How to know if we are facing a crime?
It is important that there is an intentional opposition to comply with the order of the authority. The following conditions must also be met:
• Order of a competent authority
It must be a superior who has the legitimate right to issue orders to the author.
• The order must order conduct
What is requested must be clear and legal in order to demand compliance.
• Know the obligation to comply with the order
If the order is not known, the crime cannot be charged.
• Refusal to comply with the order
It can be either ignoring an order or disobeying a prohibition.
• Seriousness in the disobedience of the order
If it is not a serious case or one that has posed a danger, it is classified as a minor crime.
Against whom can a crime of disobedience be committed?
In front of authorities and public officials, private security, (if they act under the protection of the State Security Forces and Bodies) and individuals, in accordance with the provisions of article 556 of the Penal Code:
1. Those who, without being included in article 550, resist or seriously disobey the authority or its agents in the exercise of their functions, will be punished with a prison sentence of three months to one year or a fine of six to eighteen months. , or private security personnel, duly identified, who carry out private security activities in cooperation with and under the command of the Security Forces and Bodies.
2. Those who lack the respect and consideration due to the authority, in the exercise of their functions, will be punished with the penalty of a fine of one to three months.
If you want to defend yourself for having been accused of a crime of disobedience, call Audacia Abogados and we will take your case.