Did you know that refusing to comply with an authority’s order can be a crime? Disobedience to authority is a crime that can have serious consequences for those who commit it, and therefore, it’s important to understand the balance between the rights that protect you and the obligations you must respect.
In this article, we will explain clearly and in detail what this crime entails, the differences between minor and serious disobedience, and what to do if you find yourself in this situation.Refusing to comply with a legitimate order is not always a crime, but in some cases it can cost you your freedom. Discover how this crime is regulated and how you can defend yourself.
What is the crime of disobedience to authority?
The crime of disobedience to authority occurs when a person, consciously, decides not to comply with an order issued by a legitimate authority. However, not all refusals constitute a crime: the order must be valid, meet legal requirements, and the refusal must be deliberate.
Key elements of the crime
For this crime to exist, the following elements must be present:
- Issuance of a legitimate order: The order must be issued by a competent authority or its agents, and comply with legal procedures. It must be a clear and direct order issued by a competent authority, requiring the performance or abstention from a specific and feasible action.
- Notification of the duty to comply: The offender must be aware of the order. If they have not been informed
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When is disobedience to authority not considered a crime?
It is not considered a crime of disobedience when there is no firm and persistent opposition that prevents the exercise of police functions.
Although there may be disrespectful conduct or lack of consideration towards officers, these, if they lack sufficient intensity, are classified as minor disobedience. These types of acts are not considered crimes and are classified as administrative infractions.
In this regard, article 37.4 of Organic Law 4/2015 on Citizen Security Protection includes as minor infractions «lack of respect and consideration towards members of the Security Forces and Corps in the exercise of their functions, provided that such conduct does not constitute a criminal offense».
Determining whether conduct is serious or minor disobedience is not always simple. The difference lies in factors such as the legitimacy of the order, the form of opposition and its impact on the exercise of authority. This analysis is fundamental to assess whether it is a crime or a simple administrative infraction.
Therefore, in cases of minor disobedience, such as when a police officer orders the evacuation of a public area, arrest is not appropriate. If this occurs, it is advisable to consider filing a habeas corpus petition to guarantee the affected person’s rights.
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.