Article 24 of the Penal Code

  Penal Code

1. For criminal purposes, authority will be deemed to be someone who, alone or as a member of any corporation, court or collegiate body, has command or exercises jurisdiction own. In any case, the members of the Congress of Deputies, the Senate, the Legislative Assemblies of the Autonomous Communities and the European Parliament will be considered as authority. The officials of the Public Prosecutor's Office and the Prosecutors of the European Public Prosecutor's Office will also be considered as authority.

2. Any person who, by immediate provision of the Law or by election or appointment of a competent authority, participates in the exercise of public functions will be considered a public official.

art 24 cp

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Article 24 of Penal Code Spanish refers to those members of public organizations that are considered authorities for criminal purposes.

This assessment is relevant for so-called “special” crimes such as the crime of prevarication, since not everyone can commit it.

Following the update published on 07/02/2021 that comes into force on 07/03/2021, section 1 is modified by final provision 4.1 of Organic Law 9/2021, of July 1. Previously, it said the following :

1. For criminal purposes, authority will be deemed to be someone who alone or as a member of any corporation, court or collegiate body has command or exercises their own jurisdiction. In any case, the members of the Congress of Deputies, the Senate, the Legislative Assemblies of the Autonomous Communities and the European Parliament will be considered as authority. Public Prosecutor's Office officials will also be deemed to have authority.

Article 24.1 – Modified with effect from 07/03/2021