What is a public disorder offense?

A public disorder offense is a category within the Criminal Code that encompasses various actions that seriously disrupt public order and peace. This type of offense refers to acts that disturb the normal functioning of society, causing alarm or insecurity within the community. These offenses are often associated with violent or defiant behavior that threatens people’s safety and the stability of social order.

In this article, we explain what constitutes a public disorder offense, its different forms, applicable penalties, and how it is regulated under the Criminal Code.

What does the Criminal Code say about public disorder offenses?

Public disorder offenses are regulated in articles 557 to 561 of the Criminal Code. These articles penalize behaviors that disrupt public peace or in some way endanger community safety. The severity of the penalty depends on the nature of the act and the circumstances in which it was committed.

Penalties associated with public disorder offenses

Penalties for public disorder offenses can vary depending on the severity of the act and its context. Sanctions range from prison sentences of 3 months to 6 years. In some cases, fines or bans on attending certain events or places for a set period may also be imposed.

For example, in cases involving public disorder offenses related to violent demonstrations or property invasions, penalties can range from 1 to 6 years in prison if aggravating circumstances are present, such as the use of weapons or concealment of identity.

Common examples of public disorder offenses

Violent demonstrations: confrontations with law enforcement, damage to public or private property, or throwing objects during a protest.

• Invasion of premises or public spaces: occupying buildings or facilities without permission, disrupting normal activity.
• Dissemination of inciting propaganda: publishing or distributing messages that encourage violence or public disorder.
• Sabotage of public events: actions aimed at disrupting public events such as court trials, sports matches, or cultural performances.

What factors aggravate a public disorder offense?

There are several circumstances that may increase the penalty for a public disorder offense, including:

• Use of weapons or dangerous instruments
• Excessive violence or serious assaults against individuals
• Involvement of persons in authority who abuse their position
• Committing the act during a public event or a large-scale demonstration, endangering the safety of a large number of people

If you find yourself in a situation where you need legal advice related to a public disorder offense and require the assistance of a criminal defense lawyer, at Nieto Enríquez Abogados Penalistas we have a team specialized in public disorder offenses. We are committed to protecting your rights and interests, offering you the legal support you need and ensuring that you receive the best possible defense at all times.