Assault on Authority (Art. 550 CP): Penalties and Defence

The offence of assault on authority (Art. 550 et seq. of the Criminal Code) protects the principle of authority and public order. It punishes those who attack, oppose with serious active resistance, or seriously intimidate agents of authority in the exercise of their duties. As criminal lawyers, we clear up the most common questions.

What Counts as an Attack or Assault?

It is not necessary to cause injuries. A "physical attack" is enough — that is, the act of striking, charging at or throwing objects, even if they do not connect. An angry shove to a police officer, or spitting at one with an intention of contempt and biological risk, already satisfies the elements of the offence, which is punished with 6 months to 3 years in prison.

A Key Distinction: Assault vs. Resistance (Art. 556)

The criminal defence often focuses on reducing the classification from Assault (an attack) to Resistance (non-aggressive opposition). While assault involves an attack, the resistance of Art. 556 (penalties of 3 months to 1 year) involves active "defensive" opposition, such as struggling so as not to be handcuffed or holding on to street furniture, but without attacking the officer.

Assault at Demonstrations and Public Disorder

In the context of social protest, the line is blurred. Throwing blunt objects at the police line, or burning bins to block the advance of officers, can constitute aggravated assault (for the use of dangerous instruments) in concurrence with public disorder. The penalties in such cases can exceed 4 years in prison.