crime of disobedience

  crimes, Criminal law

The disobedience It is defined as the crime of conscious and unjustified non-compliance with orders issued by superiors, authorities or agents of superiors. The crimes of disobedience are contemplated in the penal Code

disobey authority 

He Article 556 of the Penal Code, which is part of the section on crimes against the government, representatives and public officials.

Crimes against public order and disobedience, in the title assigned to crimes against public order, provides a crime against rights.

This article states that:

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  1. Any person who vehemently opposes or contravenes the authority or its representative in the performance of their duties.

 Not contemplated in article 550, will be sanctioned with a custodial sentence of three months to one year or a fine of six to eighteen months. 

Duly designated private security agents who carry out special security operations in cooperation with and under the command of security forces and organizations.

  1. Those who are not respected and duly observed in the performance of their duties will be penalized with a fine of one to three months.

It is important to note that not all disobedience can be considered a crime.

First of all, as the above teachings demonstrate, the disobedience It is a serious need and bliss disobedience takes place in the face of a clear and unambiguous delegation of authority.

For the crime to be committed disobedience Punctual and timely action is required before the competent authority, without repeating administrative errors, to justify said infraction.

The crime of disobedience the government or its agents is protected by article 556 of the Penal Code and the first thing to take into account is that any act of disobedience It is not a crime of analysis, but a crime. 

Disobedience serious to your agency or agent.

In addition, as the Supreme Court has decided, for the existence of this crime, a personal request must also be sent to the potential offender of the crime so that he complies with a clear and unequivocal authorization from the competent body, law or lawyer. 

Without embargo, all of your personal requirements to fulfill a particular duty may not be able to incorporate the crime of disobedience.

Disobeying and refusing to take a breathalyzer test 

Refusing alcohol tests and the presence of toxic drugs, addictive drugs and seizures are criminals collected in the Article 383 of the Penal Code, in the chapter on road safety crimes.  

The article states that:

  1. The drivers, are required by a competent employee, will be denied according to the legal tests established to verify alcohol concentrations and the presence of toxic drugs, addictive drugs and the gods mentioned in the previous articles. 

It will be punished with a prison sentence of six months to one year and the range of rights to operate motor vehicles and time sheets greater than one and up to four years.  

In addition, it was founded by the Supreme Court, so the potential perpetrator of the offenders can also argue that this crime is suitable for a clear and express authorization from the Agency or the Government of the Agent. 

However, there is no personal requirement, so your completion of a given task may be able to integrate defense.

Disobedience of officials or authorities 

Articles 410 and 411 of the Criminal Code, in the chapter on disobedience and denial of support for the title for crimes against the public administration, including the disobedience to government or public officials:

  1. Public authorities or public representatives who expressly refuse to comply with judicial decisions, decisions or orders issued by superior authorities of their jurisdiction.

And subject to the provisions of the law, they will be fined for legal action from three to twelve months. 

It is expressly prohibited to work or carry out a public service for a period between six months and two years.

Requirements for the crime of disobedience to be committed 

You must have direct and final commands, this obligation must be provided by law, commands not followed must be known to the individual, and an express disclaimer is required to comply with this obligation.