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Crimes Against Officials

This type of crime is committed against the authorities, their representatives, or Officials. They are common crimes and in many cases they carry harsh punishments.

It is a lot easier to be correctly advised about this type of crime, given that they can carry serious consequences, such as a prison sentence or the payment of hefty fines (which could amount to thousands of Euros). Should the fines not be paid, they could also result in a prison sentence.

Our Criminal Lawyers have experience in these types of cases and have had multiple examples of success.

The Criminal Code (Código Penal) distinguishes between the authorities and officials, highlighting the following definitions:

  • Authority: A person who is a member of a corporation, tribunal or collegiate which has control or exercises their own jurisdiction. In every case, they will keep in mind the authority of the members of the Congreso de los Diputados, the Senate, of the Asambleas Legislativas de las Comunidades Autonómas and of the European Parliament. They will also impose the authority of the Officials of the Ministerio Fiscal (Fiscal Ministry or Tax Authority).

  • Civil Servants: Carry out public duties in the name of the authorities or of their own accord.

The greatest representative case-law of the Supreme Tribunal, considers that the legal interests protected in this type of crime is the principal of authority. That is to say that it protects, for example, not only a Police worker but also the authority that they represent.

There are also case laws explaining that it protects through the characteristics of this type of crime that it is not the principal of authority but the need to protect the correct imposing of authority.

In any case, it is important to contact a Criminal Lawyer with experience to carry out the best criminal defence. In any case of being accused of this type of crime, please do not hesitate to get in contact with our office and we will be able to help.

Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.