Despite the constant warnings and information, complaints and arrests of people for breaking the Royal Decree 463/2020 that decrees quarantine to combat Covid-19 coronavirus and not collapse the health system. A neighbor from Santa Cruz de Tenerife recorded, from the isolation of his house, four people, who were playing on a beach in the capital of Tenerife on the afternoon of this Friday, March 27.
Several people have been denounced for similar events: A man was intercepted on the street, while He was returning to his home from a friend’s house party in the capital of Gran Canaria, the Civil Guard found an underground bar in Valsequillo or a neighbor of La Feria ends up in prison for going out and hitting a police officer, among others.
From 100 euros fine to prison terms for leaving home
Failure to comply with the measures included in the decree that declares the state of alarm before the health crisis caused by COVID-19 can carry for citizens from fines of 100 euros to 3 months in prison for a crime of disobedience and 4 years for an attack on the authority.
He sanctions list that they handle state security forces and bodies and to which Efe has had access is supported by four standards: the Citizen Security Law, known as the gag law; that of public health, that of civil protection and the Penal Code.
Those who breach the established measures they may face, for example, penalties of between 100 and 600 euros for removing a fence or seal; up to 30,000 euros for refusing to identify yourself to an agent or up to 60,000 for conduct that seriously jeopardizes the health of the population.
He crime of disobedience Law enforcement officers or private security personnel are punished with one to three months in prison. The attack provides for penalties of up to four years in prison (and health personnel are included among the police officers for this purpose).
Internal sources have indicated to Efe that the agents of the different bodies will always act from the principle of proportionality.
From the Government they assure that the decree has not made special emphasis on the sanctioning regime, since the conditions of the declaration of the state of alarm do not respond to a scene of riots or conflict on the street.
He Executive It trusts in civility and the responsibility of the citizens, for which reason it has not wanted to regulate in detail the possible sanctions, which are limited to the provisions of the law on the state of alarm of 1981 and its concretion in the Law of citizen security .
Is a health crisis and not security, insist from the Government, so that sanctions for noncompliance with the decreed regulations will be dealt with in accordance with ordinary laws that already contemplate crimes such as disobedience in the most extreme cases.
He sanctions regime is the following:
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. Slight 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 The conduct of 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 offense.
Article 57.2.a) Very serious infraction: fine of 60,001 up to 600,000 euros.
1. The conduct of behaviors or omissions that produce a risk or very serious damage to the health of the population.
2. 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.
National Civil Protection System Law
Article 45.4 b) Serious infraction: fine of 1,501 to 30,000 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 not particularly dangerous or transcendent 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
They will be punished with a prison sentence of three months to one year or a fine of six to eighteen months, those who, without being included in article 550, seriously resist or disobey the authority or its agents in the exercise of their 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.