PUBLIC DISORDERS

The crimes of public disorder are regulated in arts. 557 to 561 of the Penal Code, which punish certain acts harmful to the public peace or that violate the order of the community, which we will see below:

Conduct that disturbs or disturbs the public peace

Art. 557.1 of the Penal Code sanctions, with a penalty of 6 months to 3 years imprisonment, without prejudice to the penalty applicable for acts of violence or threats made to subjects who carry out any of the following behaviors:

  1. Acting as a group or individually, but under cover thereof, to disturb the public peace by carrying out acts of violence against persons or things, or by threatening others to carry them out. This crime is associated with a.
  2. Act on the group or its individuals by inciting them to perform the actions described above.

The facts are punished with a more serious penalty (imprisonment from 1 to 6 years), when any of the following circumstances concur:

  1. Any of the participants in the crime carries a weapon or other dangerous instrument, or displays a simulated firearm.
  2. The act of violence performed is dangerous to the lives of persons or may cause serious injury, including the throwing of blunt objects or flammable liquids, fire and the use of explosives.
  3. The events take place in a demonstration or large gathering.
  4. Acts of looting are carried out.
  5. The perpetrator takes advantage of his status as an authority, agent or public official.
  6. The facts are carried out with concealment of the face, thus hindering the identification of the perpetrators.

Finally, art. 557 ter of the Penal Code punishes, with a prison sentence of 3 to 6 months or a fine of 6 to 12 months, those persons who, acting in a group or individually, but under cover thereof, invade or occupy, against the will of its owner, the domicile of a legal person, an office or premises, even if open to the public, causing a relevant disturbance of the public peace and of its normal activity.

Conduct that seriously disturbs public order

Article 558 of the Penal Code punishes, with a prison sentence of 3 to 6 months or a fine of 6 to 12 months, the serious disturbance of order in a court hearing, in public acts of any authority or corporation, in a polling station, public office or establishment, educational center or on the occasion of the celebration of sporting or cultural events. In these cases, the penalty of deprivation of going to places, events or shows of the same nature may be imposed for a period of up to 3 years longer than the prison sentence imposed.

Distribution or public dissemination of inciting messages

Article 559 of the Penal Code punishes the distribution or public dissemination of messages inciting the commission of the most serious forms of the crimes of disturbing the public peace, with a fine of 3 to 12 months or imprisonment of 3 months to 1 year.

Damage to telecommunications or facilities of general interest

Article 560 of the Penal Code punishes, with a prison sentence of 1 to 5 years, the causing of the following damages:

  1. Those who interrupt, obstruct or destroy telecommunications facilities or postal correspondence.
  2. Those that affect railroad tracks or cause serious damage to rail traffic.
  3. Those that affect water, gas or electricity pipelines or transmissions for the population, interrupting or seriously altering the supply or service.

Crime of false alarm

Finally, a prison sentence of 3 months and 1 day to 1 year or a fine of 3 to 18 months is imposed for falsely stating or simulating a situation of danger to the community or the occurrence of an accident as a result of which it is necessary to provide assistance to another, causing the mobilization of police, assistance or rescue services (art. 561 of the Penal Code).

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