Penalties for the Non Compliance of Emergency lockdown rules

PENALTIES DURING THE STATE OF ALARM

FORCES AND SECURITY BODIES
– GUARDIA CIVIL
– NATIONAL POLICE
– AUTONOMIC POLICE
– POLICIA LOCAL

Based on Royal Decree 463/2020 of March 14, 2020, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.

Given that article 20, typifies non-compliance or resistance to orders from the competent authorities in the state of alarm will be sanctioned according to the laws, in the terms established in article ten of Organic Law 4/1981 of June 1.

POTENTIAL APPLICABLE PENALTIES

1º – ORGANIC LAW 4/2015, OF MARCH 30, PROTECTION OF CITIZEN SECURITY.

37.15. The removal of banners, tapes or other fixed or mobile elements placed by the security forces and bodies to delimit security perimeters, even as a preventive measure, when it does not constitute a serious offence –

MILD PENALTY: fines of 100 – 600 euros.

36.6. Disobedience or resistance to authority or its agents in the exercise of their functions, when they do not constitute a crime, as well as the refusal to identify yourself at the request of the authority or its agents or the allegation of false or inaccurate data in the identification processes.

SERIOUS PENATLY: fines of 601 – 30,000 euros.

2º – LAW 33/2011, OF OCTOBER 4, GENERAL PUBLIC HEALTH.

Art. 57.2.b) SERIOUS OFFENCES, fines of 3,001 – 60,000 euros.
1. The conduct or omissions that may produce a risk or serious damage to the health of the population, when it does not constitute a very serious offence.

Art. 57.2.a) VERY SERIOUS OFFENCES, fines of 60,001 – 600,000 euros.
1º The behavioural conduct or omissions that produce a risk or serious damage to the health of the population.

2. The repetitive failure to comply to the instructions received from the competent authority, or failure to comply with a requirement thereof, if this it involves serious damage to health.

3º – LAW 17/2015, OF JULY 9, THE NATIONAL CIVIL PROTECTION SYSTEM.

45.4. These constitute SERIOUS OFFENCES, fines of 30,001 – 600,000 euros.
b) In declared emergencies, non-compliance with orders, prohibitions, instructions or requests made by the competent authorities or the members of the intervention and assistance services, as well as from the duties of collaboration to the surveillance and protection services of
public or private companies, when it is not particularly dangerous or transcendent for the safety of people or property.

45.3. These constitute VERY SERIOUS OFFENCES, fines of 1,501 – 30,000 euros.
b) In declared emergencies, non-compliance with orders, prohibitions, instructions or requests made by the competent authorities or the members of the intervention and assistance services, as well as from the duties of collaboration to the surveillance and protection services of
public or private companies when it is particularly dangerous or transcendent for the safety of people or property.

4º – ORGANIC LAW 10/1995, OF NOVEMBER 23, OF THE CRIMINAL CODE.

Article 556.
1. They will be punished with a prison sentence of three months to one year or a fine of six to eighteen months, which, without being included in article 550, resist or
seriously disobey the authority or its agents in exercising their functions, or to duly identified private security personnel who partake in private security activities in cooperation and under the command of
security forces and bodies.

NOTE. The proceedings will be forwarded to the Government Sub-delegation, either via minutes or reports,
If it is possible to make report photographic evidence of what has occurred in line with the previously established, the specific cases may be sanctioned in accordance with the occurrence.

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This article was translated by Torrevieja Translators for the benefit of our community and our residents who may be struggling to understand the current guidelines and requirements due to language barriers. Thank you to N332 and the Guardia Civil for providing the original document.



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