Offenses against public order
Criminal lawyers in Barcelona specialising in public disorder, resisting arrest and assaulting a public official
Offences against public order are intended to safeguard social harmony, public safety and the proper functioning of public services. They comprise a range of acts that directly affect social peace, understood as a collective legal interest.
The Spanish Criminal Code regulates these offences in Articles 557 to 580, distinguishing them from other offences such as crimes against persons or property. In this case, it is not a specific individual interest that is protected, but the stability of society as a whole.
Public disorder (sections 557 et seq. of the Criminal Code)
Public disorder forms the core of this category of offences. It occurs when a group of people acts with the intention of disturbing the peace through violent, intimidating or forceful acts.
Some of the most common behaviours are:
- Blocking or obstructing a public thoroughfare
- Acts of vandalism
- Trespassing on infrastructure or premises
In recent years, legislation has been expanded to accommodate new forms of protest and collective action. However, it is important to note that not every demonstration or gathering constitutes a criminal offence, as criminal law only applies when there is a serious and unjustified disturbance of public order.
Contempt of authority, resistance and disobedience (sections 550–556 of the Criminal Code)
Among offences against public order, the Criminal Code specifically protects the exercise of authority.
The main offences are:
- An attack on authority
- Resistance
- Disobedience
These are offences that frequently occur in situations of tension in public spaces, such as demonstrations or police operations. In practice, the distinction between minor disobedience and an offence of assault can be decisive from a criminal law perspective.
Possession, trafficking and storage of weapons or explosives (sections 563–570 of the Criminal Code)
This section criminalises conduct that poses a high risk to public safety, even in the absence of any specific harm.
This includes, amongst other cases:
- Illegal possession of weapons
- Trafficking in or possession of explosives
- Misuse of hazardous materials
The aim of criminalising such acts is to prevent situations posing a widespread risk, by punishing the creation of a potential danger to society.
Criminal organisations and groups (sections 570a et seq. of the Criminal Code)
The Criminal Code makes it a criminal offence to establish, lead or participate in criminal organisations, even before any specific crimes have been committed.
Unlike other criminal offences, here the very existence of the organisation is punishable, which allows for early intervention.
These offences are particularly relevant in areas such as:
- Drug trafficking
- Economic crime
- Money laundering
- Organised criminal networks
Terrorist offences (sections 571–580 of the Criminal Code)
Terrorist offences represent the most serious form of attack on public order, due to their ability to destabilise institutions and cause public alarm.
These behaviours include:
- Acts of violence aimed at subverting the constitutional order
- Actions intended to intimidate the public
- Funding or collaboration with terrorist organisations
Criminal law establishes a particularly strict regime for these offences, both in terms of their definition and the penalties associated with them.
Success story:
Acquittal on charges of resisting a police officer
At SMK Abogados, we have secured favourable outcomes in complex cases involving offences against public order.
One of the most notable cases was the acquittal of a client accused of resisting arrest in Barcelona.
Read the full case report on the acquittal for resisting a public official: Acquittal for the offence of resisting a public official in Barcelona
How can we help you at SMK?
In cases involving offences against public order, taking the right approach from the outset can make the difference between a conviction and an acquittal.
At SMK Abogados, we offer strategic and personalised criminal defence at every stage of the proceedings:
- Defence in proceedings relating to public disorder, resisting arrest and assaulting a public official
- Immediate legal assistance at police stations and in court
- Analysis of the legality of police action
- Defining the litigation strategy from the investigation stage
SMK Solicitors, specialists in offences against public order
Sergi Mercè Klein has been managing SMK Abogados for over 25 years and is one of the most experienced criminal lawyers in the defence of complex cases, including those relating to offences against public order.
Our team has handled cases involving particularly complex legal issues, where the correct interpretation of the facts, police conduct or the identification of the officers involved is crucial to the outcome of the proceedings.
At SMK Abogados, we have experience in defending:
- Public disturbances
- An attack on authority
- Resistance and disobedience
We approach every case with a rigorous and strategic approach, aimed at achieving the best possible outcome for our clients.
Acquittal for our client accused of driving under the influence of alcohol
In August 2022, our client was stopped by the Mossos d’Esquadra and charged with driving under the influence of alcohol. SMK Lawyers, represented by Sergi Mercé Klein, argued that the positive result was due to the interaction between alcohol and the client’s medication. Ultimately, Criminal Court No. 1 of Barcelona acquitted him.
Experiences of those who have trusted us
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