Criminal Lawyers specialized in Public Disorder Offenses

The offense of public disorder refers to actions that seriously disrupt social order and public peace. These offenses not only affect the tranquility of the community but may also endanger people’s safety. Public disorder crimes are regulated by the Criminal Code and include different types depending on the severity of the acts committed.

Types of public disorder offenses under the Criminal Code

The crime of public disorder can take different forms depending on the severity of the acts and the involvement of those who commit them. In this section, we analyze the main types covered by the Criminal Code, as well as their characteristics and legal consequences

Acts that disturb or disrupt public pace

Article 557.1 of the Criminal Code punishes acts that disturb public peace through violence or threats, whether committed individually or in groups. This includes actions such as violence against persons or property and incitement to violence. According to this article, the penalty for this type of public disorder offense ranges from 6 months to 3 years in prison. If aggravating circumstances apply, such as the use of weapons or explosives, the penalty may increase to 1 to 6 years in prison.

Invasion of homes or premises against the owner’s will

Article 557 ter of the Criminal Code establishes prison sentences of 3 to 6 months or fines for individuals who, acting alone or in groups, unlawfully enter homes, offices, or premises, causing a significant disruption to public order. This conduct is also considered a public disorder offense.

Actions that seriously disrupt public order

Article 558 of the Criminal Code penalizes serious disruption of public order during events such as court hearings, demonstrations, official meetings, polling stations, and public performances. Penalties can include 3 to 6 months in prison or a fine, and in some cases, a ban on attending similar events for up to 3 years.

Public distribution or dissemination of inciting messages

Article 559 of the Criminal Code addresses the public distribution or dissemination of messages that incite violence or public disorder. This offense is punishable by a fine of 3 to 12 months or imprisonment of 3 months to 1 year.

Damage to telecommunications or essential services

Article 560 of the Criminal Code penalizes damage to essential infrastructure such as telecommunications, railways, or water, gas, and electricity systems that seriously disrupt basic public services. The penalty for this type of public disorder offense ranges from 1 to 5 years in prison.

How are public disorder offenses punished under the Criminal Code?

Penalties for public disorder offenses vary depending on the type and circumstances of the offense. Punishments may range from 3 months to 5 years in prison and may also include fines. Penalties become more severe if violence, weapons, or actions affecting public safety or major social events are involved.

What aggravating factors can increase the penalty for a public disorder ofense?

Public disorder offenses can be aggravated by various circumstances. Some of the most common aggravating factors include:

• Use of weapons or dangerous instruments.
• Commission of the offense during a demonstration or large gathering.
• Disruption of safety at public events or sports gatherings.
• Concealment of identity (e.g., covering the face) to avoid identification.

The aim of public disorder laws is to protect social peace and public order by punishing conduct that seriously harms coexistence and community safety. Penalties depend on the nature of the offense and its context, and they can be severe if weapons are used or the offense occurs during major public events.

If you are facing charges for a public disorder offense, it is essential to seek the guidance of a specialized criminal lawyer to assess your situation and protect your rights.