Is it possible to obtain nullity of fines for disregarding the State of Alarm?

Lawyou — Wednesday, 24 de february de 2021

According to the Royal Decree 463/2020, of State of Alarm it is forbidden to use public roads, except for a number of cases, in order to preserve individual and collective health. Those persons who violate this rule without justification that supports such behavior, will face the security forces and must take charge of the consequences that this implies.

What does the Royal Decree for the State of Alarm prohibit and what does it allow?

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The Royal Decree for the State of Alarm states:

  • The prohibition to circulate on the public road (contemplating certain assumptions).
  • That the obligations and recommendations issued by the health authorities must be respected.
  • The limitation of the use of private vehicles only for individual travel.
  • The limitation of the use of private vehicles only for individual travel.

The assumptions that it contemplates for circulation on public roads are:

  • Purchase of foodstuffs, pharmacy products and basic necessities
  • .

  • Displacement to the place of work
  • .

  • Return to the place of usual residence
  • Attendance at centers, health establishments and services
  • .

  • Care and assistance to older adults, children, dependent persons, persons with disabilities or with certain disabling vulnerabilities
  • Concurrence to insurance companies or financial entities
  • .

  • For reasons of force majeure or due to an unpostponable need
  • .

  • Activities of a similar nature to those included in the previous cases
  • .

Consequences of non-compliance with the Royal Decree

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Article 20 of the Royal Decree provides for the consequences of incurring in a breach of what is decreed therein, as well as by concept of resistance to abide by the orders of the competent authorities to enforce the regulations derived from the state of alarm.

Whoever fails to comply with the provisions of the Royal Decree, will receive the sanctions established in art. 10 LO 4/1981, of June 1. According to said article, the sanctions provided for in the law will be applied to persons who fail to comply with or resist the competent authority, with respect to the provisions of the State of Alarm.

The specific sanction to be applied will depend on the exact crime that has been committed, since a risk assessment will be carried out by the competent authorities. What will be independent of the termination of the State of Alarm will be the sanctions imposed on those who have violated the provisions of the Decree.

The penalties that may be imposed for incurring in this infraction range from one hundred to six hundred euros, up to imprisonment between three months and one year, as detailed below:

  • Security perimeter: Persons who jump the security perimeter, who change location or who remove taping, fences or other security elements that have been placed by the authorities, will receive a fine of between one hundred and six hundred euros. However, this amount could be substantially increased if the person refuses to identify himself or resists the authority, being liable to a fine of 30,000 euros.
  • Putting at risk the safety of persons or property: those who, by failing to comply with the measures imposed by the authorities, put at risk the safety of other persons or material goods whose value ranges from 30 001 to 600 000 euros, will be fined with amounts ranging from 1 501 euros to 30 000 euros. This sanction is provided for in the National Civil Protection System Act of 2015.
  • Contempt of authority: those persons who seriously disregard the authority of officers while performing their duties, according to the Criminal Code may receive between three months and one year imprisonment.

Could penalties imposed during the State of Alarm be declared null and void?

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The question about the nullity of sanctions imposed during the State of Alarm is sounding louder and louder among the population. While the sanctions are covered by the Law, there are two factors that cannot be ignored:

  • Organic Law: according to article 11 of the Organic Law, the movement or stay of persons and vehicles may be restricted at certain times and places in particular. However, the Royal Decree stipulates the total elimination of the right to free movement, except in the cases approved for such purpose, as well as prohibits the right to assembly, which is not protected by the fundamental right and, therefore, is illegitimate.

 

  • The Government is backing down: it has been observed that the Government Delegations are backing down from enforcing the sanctions derived from the State of Alarm.

In many cases, the final decision will fall in the hands of a judge. Therefore, the nullity of the sanctions that fell against those who violated the Law during the State of Alama is increasingly latent in the population.

Do not hesitate to contact us to tell us about your case through our email: atencionalcliente@lawyoulegal.com or, if you prefer, you can also call us at 602 226 895. Or you can leave us your contact information here.

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