Havoc, arson, disobedience and terrorism: relevant articles of the Spanish Criminal Code
Article 346 – havoc
1. Those who, by causing explosions or using any other means with a similar destructive power, were to cause the destruction of airports, ports, stations, buildings, public premises, deposits containing flammable or explosive materials, means of communication, mass transport resources, or sinking or running a ship aground, flooding, explosion of a mine or industrial facility, tearing up the rails of a railway, maliciously changing the signals used in such service for the safety of transportation resources, blowing up a bridge, destroying public highways, serious disturbance of any kind or means of communication, disturbance or interruption of the water or electricity supply, or of any other fundamental natural resource, shall be punished with a sentence of imprisonment from ten to twenty years, when the havoc caused necessarily endangered the life or integrity of persons.
2. When such a danger does not arise, the action shall be punished as damages as defined in Article 266 of this Code.
3. If, in addition to that hazard, loss of life, damage to physical integrity or the health of persons has ensued, the acts shall be punished separately with the relevant punishment for each felony committed.
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Article 351 – arson
Those who cause a fire involving threat to the life or physical integrity of persons shall be punished with a sentence of imprisonment from ten to twenty years. The Judges or Courts of Law may impose the lower degree punishment in view of the lesser extent of the danger caused and the other circumstances of the fact.
When there is no danger to the life or physical integrity of persons, the acts shall be punished as damages as foreseen in Article 266 of this Code.
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On assaults on the authority, its agents and civil servants, and on resistance and disobedience
Conviction for assault shall befall those who attack the authority, its agents or civil servants, or use force against them, seriously threaten or actively resist them, when they are carrying out their duties of office, or on occasion thereof.
1. The attacks included in the preceding Article shall be punished with imprisonment of two to four years and a fine of three to six months if the assault is against an authority and of imprisonment from one to three years in the other cases.
2. Notwithstanding what is foreseen in the preceding Section, if the authority against whom the assault is committed is a member of the Cabinet, of the Government Councils of the Autonomous Communities, of the Congress of Deputies, the Senate or the Legislative Assemblies of the Autonomous Communities, of the Local Corporations, of the General Council of the Judiciary or Magistrate of the Constitutional Court, a sentence of imprisonment shall be imposed from four to six years and a fine from six to twelve months.
The penalties shall be imposed higher by one degree to those respectively foreseen in the preceding Article when any of the following circumstances concur in the assault:
1. If the aggression is perpetrated with weapons or by other dangerous means;
2. If the principal takes advantage of his condition as an authority, agent or public officer thereof.
Provocation, conspiracy and solicitation of any of the felonies foreseen in the preceding Articles shall be punished with the penalty lower by one or two degrees to that for the relevant offence.
1. Whoever physically abuses or actively resists an armed force that is carrying out its duties of office or on occasion thereof, shall be punished with the penalties established in Articles 551 and 552, in the respective cases.
2. To these ends, an armed force shall be construed to be soldiers who, wearing uniform, are providing a service that is legally entrusted to the Armed Forces and that they have been duly ordered to carry out.
The penalties foreseen in Articles 551 and 552 shall be imposed with a lower degree, in the respective cases, on those who assault or threaten the persons who come to the aid of the authority, its agents or officers.
Those who, without being included under Article 550, resist the authority or its agents. or seriously disobey them, while carrying out the duties of office, shall be punished with a sentence of imprisonment of six months to one year.
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On terrorist organisations and groups and on felonies of terrorism
SUBCHAPTER 1: ON TERRORIST ORGANISATIONS AND GROUPS
1. Whoever promotes, forms, organises or directs a terrorist organisation or group shall be punished with imprisonment from eight to fourteen years and special barring from public employment and office for a term from eight to fifteen years.
2. Whoever actively participate in the organisation or group, or forms part thereof, shall be punished with imprisonment from six to twelve years and special barring from public employment and office for a term from six to fourteen.
3. For the purposes of this Code, terrorist organisations or groups shall be deemed to be those groups that, fulfilling the Characteristics respectively established in Sub-Section 2 of Section 1 of Article 570 bis) and in Sub-Section 2 of Section 1 of Article 570 ter have the purpose or object of subverting the constitutional order or seriously altering the public peace by committing any of the felonies foreseen in the following Subchapter.
SUBCHAPTER 2: ON FELONIES OF TERRORISM
1. Those who, while pertaining to, acting in the service of, or collaborating with terrorist organisations or groups, commit the felonies of havoc or arson defined in Articles 346 and 351, respectively, shall be punished with a sentence of imprisonment from fifteen to twenty years, without prejudice to the punishment to which they may be subject if they cause loss of life or injury to the physical integrity or health of persons.
2. Those who, while pertaining to, acting in the service of, or collaborating with terrorist organisations or groups commit attacks against persons, shall incur:
1. Sentence of imprisonment from twenty to thirty years if they cause the death of a person;
2. Sentence of imprisonment from fifteen to twenty years if they cause injuries of the kind foreseen in Articles 149 and 150 or kidnap a person;
3. Sentence of imprisonment from ten to fifteen years if they cause any other injury or unlawfully detain, intimidate or coerce a person.
3. If the acts are perpetrated against the persons mentioned in Section 2 of Article 551 or against members of the Armed Forces, of the State Police and Security Forces, the Police Forces of the Autonomous Communities or those of the local corporations, the punishment shall be imposed in its upper half.
Depots of arms or ammunition or possession or storage of explosive, flammable, incendiary or asphyxiating substances or devices, or of their components, as well as their manufacture, trafficking, transport or supply in any way, and merely placing or using those substances or the appropriate means or devices, shall be punished with a sentence of imprisonment from six to ten years when those acts are committed by whoever belongs to, acts in the service or collaborates with armed gangs, terrorist organisations or groups described in the preceding Articles.
Those who, while pertaining to, acting in the service of, or collaborating with terrorist organisations or groups, commit any other felony or misdemeanour for any of the purposes stated in Section 3 of Article 571, shall be punished with the penalty set for the felony or misdemeanour, in its upper half.
Those who, in order to provide funds to armed gangs, terrorist organisations or groups aforementioned, or in order to favour their activities, attack property, shall be punished with the higher degree punishment that would be applicable for the felony committed, without prejudice to tile appropriate ones that would be imposed pursuant to what is set forth in the following Article for acts of collaboration.
1. Punishment by imprisonment from five to ten years and a fine of eighteen to twenty-four months shall behanded down to whoever carries out, procures or facilitates any act of collaboration with the activities or purposes of a terrorist organisation or group.
2. Acts of collaboration include information on or surveillance of persons, property or installations; construction, conditioning, assignment or use of accommodation or storage facilities; concealment or transport of individuals related to terrorist organisations or groups; organisation of training practices or attending them and, in general, any other equivalent form of co-operation, aid or mediation, economic or of any other kind whatsoever, with the activities of those terrorist organisations or groups.
When the information or surveillance of persons mentioned in the preceding Paragraph endangers the life, physical integrity, liberty or property thereof, the punishment shall be imposed as foreseen in Section 1, in the upper half. Should the risk foreseen concur, the act shall be punished as co-perpetration or complicity, as appropriate.
3. The same penalties foreseen in Section 1of this Article shall be imposed on whoever carries out any activity to recruit, indoctrinate, train or induct, aimed at having others jo in a terrorist organisation or group, or at committing any of the offences foreseen in this Chapter.
Article 576 bis
1. Whoever by any means, directly or indirectly provides or collects funds intending them to be used, or knowing they shall be used, fully or partially to commit any of the felonies included in this Chapter or to deliver them to a terrorist organisation or group, shall be punished with prison sentences of five to ten years and a fine of eighteen to twenty-four months.
Should the funds eventually be used to execute specific acts of terrorism, this shall be punished as co-perpetration or complicity, as appropriate, provided this involves a higher penalty.
2. Whoever, being specifically obliged by law to collaborate with the authorities in the prevention of terrorism financing activities, gives rise, due to serious negligence in the fulfilment of those obligations, to any of the conducts described in Section one of this Article not being detected or prevented, shall be punished with the penalty lower by one or two degrees to that foreseen herein.
3. When, pursuant to the terms established in Article 31 bis of this Code, a legal person is responsible for the offences defined in this Article, it shall have the following penalties imposed thereon:
a) Fine from two to five years, if the offence committed by a natural person has a punishment of imprisonment foreseen exceeding five years;
b) Fine from one to three years, if the offence committed by a natural person has a punishment foreseen of more than two years custodial sentence not included in the preceding Sub-Section.
Pursuant to the rules established in Article 66 bis of this Code, the Judges and Courts of Law may also impose the penalties established in Sub-Sections b) to g) of Section 7 of Article 33.
Those who, without pertaining to an armed gang, terrorist organisation or group, and within order to subvert the constitutional order or seriously alter the public peace, or to contribute to those ends by terrorising the inhabitants of a town or the members of a social, political or professional group, were to commit homicides, injuries of the kind defined under Articles 147 to 150, illegal detentions, kidnappings, intimidations or coercion against persons, or who carry out any felonies of arson, havoc, damages defined under Articles 263 to 266, 323 or 560, or possession, manufacturing, storage, trafficking, transport or supply of arms, ammunition or explosive, flammable, incendiary or asphyxiating substances or devices, or components thereof, shall be punished with the relevant punishment for the act committed, in the upper half.
Apologism or justification by means of public expression or diffusion of the felonies included in Articles 571 to 577 of this Code, or of anybody who has participated in commission thereof, or in perpetrating acts that involve discredit, disdain or humiliation of the victims of terrorist offences or their relatives shall be punished with a sentence of imprisonment from one to two years. In the judgement, the Judge may also order any one or number of the prohibitions foreseen in Article 57 of this Code for the term he may set.
1. Provocation, conspiracy and solicitation to commit the offences foreseen in Articles 571 to 578 shall be punished with the penalty lower by one or two degrees to the relevant one, respectively, for the acts foreseen in the preceding Articles.
Provided it is not included in the preceding Section or another provision of this Code with a higher penalty, distribution or public diffusion by any means of messages or slogans aimed at provoking, encouraging or favouring commission of any of the felonies foreseen in this Chapter, generating or increasing the risk of them effectively being committed, shall be punished with the penalty of six months to two years imprisonment.
2. Those responsible for the felonies foreseen in this Chapter, without prejudice to the relevant penalties under the preceding Articles, shall also be punished with the penalty of absolute barring for a time exceeding that of the term of the sentence custodial sentence duly imposed in the sentence by six to twenty years, proportionally in view of the seriousness of the felonies, the number committed and the circumstances of the criminal.
3. Those convicted to serious custodial sentences for one or more felonies included in this Chapter shall also have a measure of probation from five to ten years imposed, and one to five years if the sentence of imprisonment is less serious. Notwithstanding the foregoing, in the case of a single offence that is not serious committed by a first time offender, the Court of Law may hand down the probation measure or not, in view of the lesser or greater dangerousness of the principal.
4. In the felonies foreseen in this Subchapter, the Judges and Courts of Law may impose, giving the reasons in the judgement, a punishment lower by one or two degrees to that stated by the Law for the felony concerned, When the subject has voluntarily quit his criminal activities and has appeared before the authorities to confess the acts in which he has participated and has also collaborated actively with the authorities to prevent the felony taking place or effectively aids the obtaining of decisive evidence to identify or capture the others who are responsible, or to prevent the action or development of the terrorist organisations or groups to which he has belonged, or with which he has collaborated.
In all felonies related to the activity of armed gangs, terrorist organisations or groups, conviction by a foreign Judge or court of Law shall be equivalent to judgements by Spanish Judges or Courts of Law for the purposes of application of the aggravating circumstance of recidivism.