The decree now establishes that people will only be able to move around for specific and essential reasons, to buy food, pharmaceuticals and basic necessities.
Failure to comply with the measures detailed by the state of emergency can lead to sanctions ranging from fines of 100 euros to a prison sentence of 3 months for a crime of disobedience and 4 years for attack on authority.
The list of sanctions now available to state security forces and bodies is based on four principles: the Citizen Security Law, known as the ‘ gag law ‘; that of public health, that of civil protection and the Penal Code.
Those who fail to comply with the measures may face, for example, fines of between 100 and 600 euros for removing a police tape or a seal; up to 30,000 euros for refusing to identify yourself to an officer or up to 60,000 euros for conduct that seriously jeopardizes the health of the population.
The crime of disobedience to police officers or private security personnel is punishable by one to three months in prison. An attack provides for penalties of up to four years in prison (and health personnel are included among that group for this purpose).
Officers should send their actions to the government sub delegations, if possible with a photographic report.
However the Government assures us that the decree has not made special emphasis on the need to carry out sanctions, since the conditions of the declaration of the state of emergency do not relate to riots or conflict on the street.
The Executive relies on civility and the responsibility of the public, so it does not want to introduce unnecessary sanctions.
This is a health crisis and not a security crisis, the Government insists, so that sanctions for noncompliance with the decreed regulations will be dealt with in accordance with ordinary laws that already include crimes such as disobedience in the most extreme cases.
THE SANCTIONING POWERS ARE AS FOLLOWS:
– Citizen security law.
Article 37.15. The removal of fences, 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 infraction. Minor penalty: fine of 100 to 600 euros.
Article 36.6. Disobedience or resistance to the authority or its agents in the exercise of their functions, when they do not constitute a crime, as well as the refusal to identify themselves at the request of the authority or its agents or the allegation of false or inaccurate data in the identification processes. Serious penalty: fine of 601 to 30,000 euros.
General Law of Public Health.
Article 57.2.b). Serious offense: fine of 3,001 up to 60,000 euros.
1º Conduct that may produce a risk or serious damage to the health of the population, which does not constitute a very serious offence.
Article 57.2.a) Very serious infraction: fine of 60,001 up to 600,000 euros.
- Behaviours or omissions that produce a risk or very serious damage to the health of the population.
- Repeated non-compliance with the instructions received from the competent authority, or non-compliance with a requirement thereof, if it involves serious damage to health.
– Law of the National System of Civil Protection.
Article 45.4 b) Serious infraction: fine of 1,501 to 30,000 euros.
In emergencies, noncompliance with orders, prohibitions, instructions or requests made by the heads of the competent bodies or the members of the security services, as well as the duties of collaboration with the surveillance and protection services of public or private companies, when it is not particularly dangerous for the safety of people or property.
Article 45.3. Very serious offense: fine from 30,001 to 600,000 euros.
In declared emergencies, noncompliance with orders, prohibitions, instructions or requests made by the heads of the competent bodies or the members of the intervention and assistance services, as well as the duties of collaboration with the surveillance and protection services of public or private companies? When it is particularly dangerous or important for the safety of people or property
– Penal Code.
- They will be punished with a prison sentence of three months to eighteen months, those who, without being included in article 550, seriously resist or disobey the authority or its agents in the exercise of its functions, or to duly identified private security personnel who carry out private security activities in cooperation and under the command of the Security Forces and Bodies.
“BEAT THE VIRUS”
The Prime Minister, Pedro Sánchez, has made it clear that they are going to take every measure to beat the virus. “We put people’s health at the centre of our priorities,” he said, before listing the “further drastic” measures that he will have to implement.
The Minister of Health will have broad powers to ensure the supply of goods and services necessary for the protection of public health, as established by the royal decree law that the Council of Ministers approved this Saturday at an extraordinary meeting and to which Europe has had access Press.
Thus, it will be able to issue the necessary orders to ensure the supply of the market and the operation of the services of the production centres affected by the shortage of products necessary for the protection of public health. Likewise, he may intervene and temporarily occupy industries, factories, workshops, farms or premises of any nature, including privately owned health centres, services and establishments, as well as those of the pharmaceutical industry.
He is also empowered to make temporary requisitions of all kinds of goods and to impose mandatory personal benefits, in those cases where it is necessary for the adequate protection of public health, in the context of this health crisis.