Crime of Sedition and Rebellion

Surely in recent days you have not stopped hearing news about the crimes of sedition and rebellion, but what are they really? What has happened to them? Well, in today's post we are going to talk about and explain what these crimes are and why there has been so much commotion.

The crime of sedition is a crime that consists of not allowing the application of laws or hindering the tasks of any authority, official corporation or public official, thus preventing them from carrying out their work. This offence is regulated in article 544 of the Penal Code.

The penalties that may be imposed for this offence are set out in Article 545 of the aforementioned legal text, which establishes:

1. Those who have induced, supported or directed the sedition or appear as its main perpetrators shall be punished with a prison sentence of between eight and ten years, and between ten and fifteen years if they are persons in authority. In both cases, absolute disqualification shall also be imposed for the same period of time.

2. Apart from these cases, the penalty shall be four to eight years imprisonment, and special disqualification from public employment or public office for a period of four to eight years.

The offence is therefore punishable by between four and eight years' imprisonment, which can be increased to between eight and ten years if the leaders of the sedition are involved, and between 10 and 15 years if it is an authority figure, who will also be disqualified.

Well, in Spain, the Penal Code has been amended to eliminate the crime of sedition, a reform that came into force on 12 January 2023, therefore, we no longer find regulation of this crime.

Therefore, the crime of sedition and rebellion are different and there are nuances between them.. The crime of rebellion is regulated in article 472 of the Penal Code, and consists of "rising up publicly and violently to obtain, by means of an act, any of the objectives established in the article itself".

In conclusion, the difference between these crimes is that the crime of sedition is to prevent the authority or public official from doing their job, while the crime of rebellion is to create an atmosphere of tension to prevent someone from achieving their objectives through violence or intimidation.

Do not hesitate to contact our Law Firm in Marbella if you wish our lawyers to represent you in a criminal proceeding, whether you are a complainant or a defendant, our team of lawyers who are experts in criminal law in Marbella will be happy to defend your interests.