Acquittal in proceedings for resisting a public official (section 556 of the Criminal Code)
At SMK Abogados, we have secured another acquittal, this time for a client who was under investigation for an offence of resisting a public official in Barcelona, as set out in Article 556 of the Spanish Criminal Code.
This type of offence can result in a prison sentence of between three months and one year or a fine; it is therefore essential to have a specialist criminal defence lawyer from the outset of the proceedings.
The facts
Our client, the son of a well-known Russian businessman, was stopped in the centre of Barcelona by law enforcement officers acting in plain clothes, that is to say, without uniforms.
When a person resisted the officers’ actions, Barcelona Investigating Court No. 2 opened a preliminary investigation into an alleged offence of resisting a public official.
This offence applies to anyone who resists or seriously disobeys the authorities or their officers in the course of their duties, including situations in which private security personnel act in collaboration with the police.
Defence strategy
From the outset of the proceedings, the defence strategy focused on demonstrating that our client was unable to identify the officers as police officers, given the specific circumstances of the incident.
In particular, it was established that:
- The officers were in plain clothes
- The only visible form of identification was a barely noticeable pass
- Our client did not understand the language, as he had only recently moved to Barcelona
On the basis of these factors, it was argued that the client was unaware that he was dealing with law enforcement officers, but instead treated them as if they were private individuals.
The result: an acquittal
During the trial, and particularly during the cross-examination of one of the officers, it was established – in response to questions from lawyer Sergi Mercè Klein – that when a uniformed patrol arrived at the scene, the client immediately ceased any act of resistance.
This fact proved crucial in demonstrating that there was no intention to disobey the authorities.
Criminal Court No. 3 in Barcelona considered it reasonable for the defendant to interpret the actions of the plainclothes officers as a potential threat, which justified his reaction.
Consequently, the defendant was acquitted, as the court found that there was insufficient evidence to convict him of the offence of resisting a public official.
Further information on offences against public order
This case falls under the category of offences against public order, which includes acts such as public disorder, assaulting a public official, and resisting or disobeying the authorities.
If you would like to find out in detail how these offences are regulated and what their legal implications are, please visit our dedicated page on offences against public order in Barcelona, where we analyse each type of offence and the key aspects of criminal defence.
