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30 de març 2019

Spanish Criminal code: Assault on authority

Articles being quoted by the Spanish police to accuse voters who laid charges against them after being injured during the October 1 2017 referendum. The message is clear.
Click here if need be to access the whole text. 

On assaults on the authority, its agents and civil servants, and on resistance and disobedience 


Article 550

Conviction for assault shall befall those who attack the authority, its agents or civil servants, or use force against them, seriously threaten or actively resíst them, when they are carrying out their duties of office, or on occasion thereof.

Article 551
  1. The attacks included in the preceding article shall be punished with imprisonment of two to four years and a fine of three to six months in the other cases.
  2. Notwithstanding what is foreseen ín the preceding Section, if the authority against whom the assault ís committed is a member of the Cabinet, of the Government of the Autonomous Communities, of the Congress of Deputies, the Senate or the Legislative Assemblies of the Autonomous Communities, of the Local Corporations, of the General Council of the Judiciary or Magistrate of the Constitutional Court, a sentence of imprisonment shall be imposed from four to six years and a fine from six to twelve months.

Article 552

The penalties shall be imposed higher by one degree to those respectively foreseen in the preceding Article when any of the following circumstances concur in the assault:
  1. If the aggression is perpetrated with weapons or by other dangerous means;
  2. If the principal takes advantage of hís condition as an authority, agent or public officer thereof.

Article 553

Provocation, conspiracy and solicitation of any of the felonies foreseen in the preceding Articles shall be punished with the penalty lower by one or two degrees to that for the relevant offence.

Article 554
  1. Whoever physically abuses or actively resists an armed force that is carrying out its duties of office or on occasion thereof, shall be punished with the penalties established in Articles 551 and 552, in the respective cases.
  2. To these ends, an armed force shall be construed to be soldiers who, wearing uniform, are providing a service that is legally entrusted to the Armed Forces and that they have been duly ordered to carry out.

Article 555

The penalties foreseen in Articles 551 and 552 shall be imposed with a lower degree, in the respective cases, on those who assault or threaten the persons who come to the aid of the authority, its agents or officers.

Article 556

Those who, without being included under Article 550, resist the authority or its agents. or seriously disobey them, while carrying out the duties of office, shall be punished with a sentence of imprisonment of six months to one year.

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For English versions of other articles covering havoc, arson, disobedience and terrorism, see https://barbaryfigs.com/2018/04/11/havoc-arson-disobedience-and-terrorism-relevant-articles-of-the-spanish-criminal-code/

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