Lawyer for assault on and resistance to law enforcement officers in Madrid

Section 1 of Article 550 of the Criminal Code establishes that this offence is committed by those who assault or, with serious violence or intimidation, seriously resist authority, its agents or public officials, or attack them, when they are performing the duties of their office or on the occasion thereof.

Likewise, acts of assault shall also include those carried out against teaching staff or healthcare professionals while they are performing their duties or on the occasion thereof.

Section 2 sets out the penalties for the offence of assault on authority, which shall be imprisonment from 1 to 4 years and a fine of 3 to 6 months when the assault is committed against authority, and in other cases, the penalty shall be imprisonment from 6 months to 3 years.

Section 3 provides that if the authority against whom the offence is committed is a member of the Government or the Governing Council of a Regional Government, of the Congress of Deputies, Senate or the Legislative Assemblies of the Autonomous Communities, of local corporations, or of the General Council of the Judiciary, or is a Judge of the Constitutional Court, judge, magistrate or member of the Public Prosecutor’s Office, the offence shall be punishable by imprisonment from 1 to 6 years and a fine of 6 to 12 months.

Article 551 of the Criminal Code establishes a series of aggravated cases (penalties one degree higher than those provided for in the preceding article), whenever the assault on authority is carried out:

• 1. Using weapons or other dangerous objects.
• 2. In cases where the violent act is potentially dangerous to human life, or may cause serious injury. Specifically, this includes: throwing blunt objects or flammable liquids, arson, and the use of explosives.
• 3. By attacking authority, its agents or public officials using a motor vehicle.
• 4. When the acts are committed in the context of a riot, disturbance or collective incident within a prison facility.

While Article 552 of the Criminal Code has now been repealed, Article 553 of the Criminal Code criminalises incitement, solicitation, and conspiracy to commit the offences set out in the preceding articles (a penalty one or two degrees lower than that provided for the corresponding offence).

Article 554 of the Criminal Code provides that the penalties set out in Articles 550 and 551 of the Criminal Code shall apply to:

• a) Cases where the acts referred to in Articles 550 and 551 of the Criminal Code are committed against a member of the Armed Forces who, while wearing uniform, is performing a legally assigned duty.
• b) Those who assault, or use violence or intimidation against persons who come to the aid of authority, its agents or public officials.
• c) Those who assault, or use serious violence or intimidation against firefighters, healthcare personnel, or rescue teams intervening in the event of an accident, public disaster or emergency, in order to prevent them from carrying out their duties; as well as private security personnel, provided they are properly identified and are carrying out private security activities in cooperation with and under the command of the Law Enforcement Forces and Corps.