Latest Supreme Court Judgment No. 827/2024 of 3th October 2024
Facts:
Luis Manuel was arrested and convicted of disobedience after refusing to dress in a police station, despite having clothing in his backpack and being warned by the officers about the legal consequences of his conduct. According to Luis Manuel, “I am naked because I like it. It’s legal.”
Legal Issue:
Were Luis Manuel’s fundamental rights to freedom of ideology or expression violated by his conviction for disobedience for refusing to dress in a public place?
Conclusion:
It is determined that the order given by the officers was legitimate, and his fundamental rights were not violated.
Rationale:
The judgment is based on Article 556 of the Spanish Penal Code concerning the crime of disobedience, as well as Articles 10 and 20 of the Spanish Constitution, which establish that fundamental rights are not absolute and must respect the rights of others and public order.
Article 556 of the Penal Code states that those who resist or seriously disobey authority or its agents in the exercise of their duties will be punished with a prison sentence of six months to one year.
Sandra Márquez
Criminal Defense Lawyer