PENALTIES FOR THE STATE OF ALARM

RD 8/2020 decreed the State of Alarm in the national territory, imposing serious restrictions on mobility for citizens. Failure to comply with these restrictions empowered the agents of the authority to impose sanctions on the violators, and for this the RD refers to the general legislation on security, which sanctions the infraction consisting of “disobedience to the authority”.

The regulation of these infractions is very deficient, since, as reported by the State Advocacy, the infraction for disobedience to authority requires that there be an order from the authority that the administered does not comply with.

If a person breaches the mobility ban, purely he has not yet breached an order from the authority. This will only happen if the agent orders you to return to your home and the administrator fails to comply. But if that order is not given, or if the administrator complies with it and returns to his home, it is difficult to understand that the infraction was committed due to disobedience to the authority provided by Rd ​​8/2020. It is necessary to examine each case, and the complaint bulletins will be conclusive, since what the agents of the authority manifest in them has a presumption of veracity unless proven otherwise.