Disrespecting a Police Officer or an Authority: Is It a Crime? (Art. 556 CP)

Is disrespecting a police officer a crime? As a general rule, no. Since the LO 1/2015 reform, disrespect towards an agent of the authority has been decriminalised: it is an administrative offence under Art. 37.4 of LO 4/2015 on the protection of citizen security, punished with a fine of EUR 100 to 600. The minor offence under Art. 556.2 CP is now reserved for disrespect towards the authority itself. A criminal response only applies when the conduct goes further: serious resistance or disobedience (Art. 556.1 CP) or assault (Art. 550 CP). As specialist criminal defence lawyers in offences against authority, we explain where each line lies and what penalty or sanction applies to each type of conduct.

Disrespecting a Police Officer: an Administrative Penalty, Not a Crime

Before 2015, disrespecting an agent was a criminal petty offence (falta). LO 1/2015 abolished petty offences and decriminalised this conduct in relation to agents: today, disrespect and lack of consideration directed at a member of the security forces in the exercise of their functions, when it does not amount to a criminal offence, is punished as a minor offence under Art. 37.4 of LO 4/2015, with a fine of EUR 100 to 600. It is dealt with through an administrative sanctions procedure — with submissions and appeals — not a criminal trial, and it does not create a criminal record.

What Art. 556.2 CP Punishes Today

Art. 556.2 CP provides that anyone who fails to show the respect and consideration due to the authority, in the exercise of their functions, will be punished with a fine of one to three months. The key lies in the victim: since LO 1/2015 the provision refers only to the authority — judges and magistrates, mayors, councillors, members of the Government, among others, under Art. 24 CP — and not to its agents. A police officer is an agent of the authority, not an authority, so verbal disrespect towards an agent does not fall within this minor offence and is instead treated as an administrative matter under Art. 37.4 LO 4/2015.

The Full Scale: from the Administrative Fine to Assault

To correctly classify a set of facts, it helps to see the full gradation:

• Disrespect towards an agent (police officer): minor administrative offence under Art. 37.4 LO 4/2015. Fine of EUR 100 to 600.
• Disrespect towards the authority (Art. 556.2 CP): minor offence. Penalty of a fine of one to three months.
• Serious resistance or disobedience (Art. 556.1 CP): seriously resisting or disobeying the authority or its agents, without reaching assault. Penalty of imprisonment of three months to one year or a fine of six to eighteen months.
• Assault (Art. 550 CP): assaulting, attacking or, with serious violence or intimidation, offering serious resistance. Penalty of imprisonment of six months to three years if committed against agents or officials, and imprisonment of one to four years plus a fine of three to six months if against an authority (Art. 550.2 CP), with the aggravations of Art. 551 CP (use of weapons, a vehicle, etc.).

Correctly placing the facts on this scale is decisive: the difference between an administrative fine of EUR 100 and a prison sentence depends on whether there is violence, intimidation, or genuinely serious disobedience.

Distinction from Insult and Freedom of Expression

Not every irritating remark directed at an agent deserves a sanction. Several levels need to be distinguished:

• The administrative offence under Art. 37.4 LO 4/2015, for disrespect or lack of consideration towards agents that does not reach the criminal threshold.
• Insult (injurias), if the remark harms the person's honour, with its own criminal regime.
• The disrespect offence under Art. 556.2 CP, only when the recipient is an authority acting in the exercise of their functions.

Freedom of expression and the right to criticise the actions of public authorities also mark a significant limit: not every protest, complaint or uncomfortable comment directed at an agent during an intervention is punishable, whether administratively or, still less, criminally.

Lines of Defence

The strategy depends on which track the case is on:

• Against the fine under Art. 37.4 LO 4/2015: submissions and appeals in the sanctions procedure, challenging the facts, their classification and the proportionality of the penalty; the officer's report can be rebutted with contrary evidence (recordings, eyewitnesses).
• Status of the victim: if someone who addressed an agent is charged under Art. 556.2 CP, arguing that the conduct is not an offence, because the provision only protects the authority.
• Seriousness of the disobedience: not every refusal or delay in complying with an order is 'serious' disobedience under Art. 556.1 CP; minor disobedience falls outside the offence.
• Freedom of expression: assessing whether the remark was covered by the right to criticise and the tense context of the intervention.
• Evidence: examining the consistency of the police reports and testimony against other evidence.

Each case requires an individual assessment of the evidence, without pre-judging the outcome and in strict confidence.

Criminal Defence in Offences against Authority

The criminal defence firm Alonso Sala, based in Madrid (Calle Velázquez 27) and covering the whole of Spain, handles the defence in proceedings for resistance, disobedience and assault on authority, as well as challenges to related administrative sanctions. We examine the correct classification of the facts, any possible defect in the charge, and the available evidence to build the most favourable strategy. You can find out more on our page on criminal defence for disrespecting authority.