Crime of resistance and serious disobedience to authority

The crime of resistance and disobedience is regulated in art. 556.1 of the Penal Code, which punishes with prison sentences of 3 months to 1 year or a fine of 6 to 18 months those who show resistance or serious disobedience to the authority or its agents in the exercise of their duties.

This regulation also applies to private security personnel who, duly identified, act under the command of and in cooperation with the Security Forces and Corps.

What is resistance and disobedience to authority?

Resistance and disobedience to authority involves active or passive actions aimed at opposing compliance with orders issued by the authority or its agents.

This offense does not include physical assault, since such actions are typified as an attack against authority. Common examples of this crime include:

• Refusing to leave a public place after being requested to do so by the agents.
• Pushing a police officer after being requested for a breathalyzer test.

Key elements of the crime of resistance and disobedience to authority

In order for a conduct to be qualified as a crime of resistance and disobedience, the following elements must be met (according to STS no. 1219/2004):

1. Existence of a direct and express order: The order must require a specific active or passive action.
2. Knowledge of the order: The offender must be aware of the existence of the order.
3. Formality of the requirement: The agent must act in compliance with established legal procedures.
4. Willful opposition to the order: There must be a conscious and deliberate refusal.
5. Seriousness of the conduct: The resistance or disobedience must be significant and hinder the authority’s functions.

These elements help to differentiate a crime of resistance and disobedience from other types of offenses.

Differences between resistance and disobedience and the crime of assault on authority

The crime of resistance and disobedience to authority has specific characteristics that differentiate it from the crime of assault:

1. Passive subject:
   • The conduct may only be directed against the authority or its agents, not against other public officials.
2. Context of the crime:
   • The acts must occur during the exercise of the authority’s functions, not on the occasion thereof.
3. Type of resistance:
   • Active and less serious or passive resistance: They constitute resistance and disobedience to authority.
   • Serious active resistance: It is considered an attempt against authority.
   • Slight resistance: It is sanctioned as an administrative infraction.

This differentiation is essential for the correct application of the law in cases of disobedience and resistance to authority.

Resistance and disobedience in front of the authority according to article 556.2 of the penal code

Article 556.2 of the Penal Code punishes with minor fines, from 1 to 3 months, the lack of respect or consideration for the authority during the exercise of its functions.

This section differs from the crime of resistance and disobedience, since:

• It only applies to the authority, not to its agents or other officials.
• It is not a crime to disrespect a police officer, although such conduct may be administratively sanctioned.

This regulation reinforces respect for the figure of authority, but limits its scope to avoid disproportionate use of criminal sanctions.

The relevance of the crime of resistance and disobedience

The crime of resistance and disobedience to authority is fundamental to ensure respect for rules and public order. Its regulation, together with the differences with respect to other offenses such as attacks against authority, ensures a proportional and appropriate application of sanctions. Understanding the relevance and implications of this crime is key to preventing situations that could lead to criminal liability.

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