Resistance and serious disobedience
Contact
Reconocido como uno de los mejores abogados penalistas 2026
Joaquín Sugrañes ha sido incluido por el prestigioso directorio Best Lawyers entre los mejores penalistas de España
The crime of resistance and serious disobedience is regulated in Article 556.1 of the Penal Code, within Title XXII, which regulates crimes against public order, which aim to protect the proper functioning of public services and functions, to guarantee social coexistence.
The crime of article 556.1 of the Penal Code punishes two different behaviors:
-To resist authority or its agents.
-Serious disobedience to authority or its agents.
Passive Subject
The following may be victims of the crime of resistance and serious disobedience under article 556.1 of the Penal Code: the authority and its agents :
-On the one hand, authority is defined as a person who, alone or as a member of a corporation, court, or collegiate body, has command or exercises jurisdiction. These include members of the Congress of Deputies, the Senate, the European Parliament, and officials of the Public Prosecutor’s Office.
-On the other hand, members of the State Security Forces and Corps dependent on the Government of Spain, and the police forces dependent on the Autonomous Communities and Local Corporations, are considered agents of authority.
Private security personnel , duly identified, who carry out private security activities in cooperation with and under the command of the Security Forces and Corps may also be passive subjects of the crime.
In any case, these subjects must be, at the time of the events, exercising their functions , that is, carrying out their work.
Penalties for the crime of resistance and serious disobedience
The penalty provided for in the Penal Code for the crime of resistance and serious disobedience is imprisonment from three months to one year or a fine of six to eighteen months .
Specialist in crimes of resistance and serious disobedience
Joaquín Sugrañes is a lawyer specializing in crimes of resistance and serious disobedience in Barcelona . Therefore, he will offer you the best defense against any issue related to this crime.
-
What type of resistance constitutes the crime of Article 556.1 of the Penal Code?
The opposing resistance must be active and less severe or passive and severe.
If the resistance is active and serious, the acts constitute a crime of assault under Article 550 of the Penal Code. On the other hand, if the resistance is passive, non-serious, or minor, the acts do not constitute a crime.
-
What do we mean by gross disobedience?
Serious disobedience constituting a crime under Article 556.1 of the Penal Code is characterized by the following elements:
-The definitive, direct or express nature of the order issued, which must impose a certain conduct on the subject, whether active or passive.
-Knowledge of the order by the obligated party.
-The existence of a request from the authority that complies with legal formalities. However, it is not necessary to expressly warn the subject that they may commit the crime of disobedience if they fail to comply.
-That the subject voluntarily refuses or opposes complying with the order.
-That disobedience is serious.
-
Difference between the crime of assault and the crime of resistance and serious disobedience
First, regarding the passive subject of the crime, we must bear in mind that public officials can indeed be victims of the crime of assault, but not of the crime of resistance and serious disobedience.
Secondly, for the conduct to constitute the crime of assault, the victim must be acting in the exercise of his or her duties or in connection with them, while the crime of resistance and serious disobedience only occurs if the victim acts in the exercise of his or her duties (not when acting in connection with them).
Finally, regarding typical conduct, the crime of assault punishes serious active resistance, while the crime of resistance punishes less serious active resistance or serious passive resistance.
-
Is minor disobedience a crime?
The answer to this question is negative. For the acts to constitute a crime, disobedience must be serious. This is required by the literal wording of Article 556 of the Penal Code.
How do we distinguish between serious and minor disobedience? According to the courts, if the refusal to comply with an authority’s order is repeated and persistent and demonstrates an attitude of clear rebellion, we are faced with a crime of disobedience. Conversely, if the refusal is less persistent, the acts will, at most, constitute an administrative offense.
In any case, determining the seriousness of the disobedience requires an examination of the circumstances of each case.
-
Is resisting authority or its agents always a crime?
The answer is no; it depends on the severity of the resistance. In Ruling No. 837/2017 of December 20, the Supreme Court delineates the types of resistance that constitute a crime, specifying which crime applies in each case:
-Serious active resistance constitutes a crime under Article 550 of the Penal Code.
-Non-serious (or simple) active resistance and serious passive resistance constitute the crime of resistance under Article 556 of the Penal Code. This includes cases of struggle between the subject and the officers.
-Non-serious (or minor) passive resistance against authority was previously considered a minor offense, but it has now been decriminalized. It can only be sanctioned administratively.
