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Thus refers to crimes 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. Not paying the fines could 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 member of a corporation, tribunal or collegiate who 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 interest protected in this type of crime is the principle of authority. That is to say that it protects not only a Police officer but the authority that they represent. There are also cases explaining 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. Please do not hesitate to get in contact with our office for assistance.

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.