7 types of rebellion offences

Rebellion is a concept that, due to the current political situation in Spain, we hear quite often. However, do you know what its exact definition is, and that it actually refers to seven different types of crime? In this article we want to tell you everything you need to know about it so that you are properly informed.

The definition of rebellion as a crime

The Spanish Constitution can be considered the 'Supreme Law' in Spain as it establishes the framework within which legislation can be made. In addition, it also guarantees the rights and duties of Spaniards, which is why it must be protected from those who wish to attack it. To this end, the Penal Code establishes the existence of the crimes of sedition and rebellion, as well as those related to the exercise of fundamental rights, against the Crown or against outrages against Spain.

That said, rebellion, as a crime against the Constitution, is defined in Article 472 and subsequent articles of the Penal Code. Specifically, it is defined as a violent and public uprising against the Spanish Constitution.

This uprising is usually carried out through proclamations, communiqués, proclamations and, in the last resort, actions carried out by rebel groups. In fact, for it to happen, the mobilisation of a considerable number of people, usually armed, is necessary. However, it can take other forms. For example, if such mobilisation is carried out by people who do not carry weapons but who show a violent attitude towards the authorities and State Security Forces and Corps, it could also be considered rebellion.

Indispensable requirements for a crime to be considered rebellion

There is one factor without which this crime cannot be understood. And that is that, if the rebellion is successful, it cannot be prosecuted because the criminals will achieve their goal of outraging the Constitution for their own benefit. You only have to think, for example, of any coup d'état that has taken place in Spain or in any other country in the world. This means, moreover, that someone can be tried for rebellion without having managed to materialise his uprising, i.e. the intention and preparation to commit it is sufficient.

Beyond that, the definition of this crime intrinsically suggests that it is impossible to prosecute a person for it if the following requirements are not met:

• Public display
• Occupation of public roads without permission of the competent authorities.
• The objective of the mobilisation must be known
• Use of violence
• Address presumed or known

The different types of rebellion offences

However, the Penal Code does not specify that there is only one type of crime of rebellion, but a total of seven. Each of them responds to a motivation or action against the Constitution:

• Suspension, partial or total modification or repeal of the Constitution without following the channels established by the Constitution.
• Preventing the holding of elections for the allocation of public office by vote.
• Stripping or removing the holder of the Spanish Crown or its Regent of his powers and functions. It also qualifies as rebellion if he is forced to carry out an action contrary to his will.
• Dissolving the Senate, the Congress of Deputies, the Legislative Assembly of an autonomous community and preventing its members from deliberating, meeting and resolving. It is also understood as rebellion to subtract any of their competences or attributions.
• Changing the Governing Council of an autonomous community or the Government of Spain for another without it having been elected by vote.
• Declaring the independence of a city, province, autonomous community or, in general, any part of the national territory.
• Disobey, as part of the Armed Forces, the orders of the Government of Spain. 

Is inciting rebellion a crime?

Of course it is. It is defined in article 473 of the Penal Code and, in order for it to occur, the instigation must be carried out by the leaders of the organisation planning to rebel. In this sense, they must induce a group of people to wield weapons in order to achieve the objective.

What are the penalties for rebellion?

The Penal Code establishes different penalties depending on the hierarchy held within the movement that wished to rebel against the Constitution:

• Principal commanders and instigators of the rebellion: imprisonment for 15 to 25 years and total disqualification, in case of holding public office, for the same amount of time.
• Subordinate commanders: prison sentences of between 10 and 15 years and total disqualification from holding public office for the same length of time.
• Mere participants: prison sentences of between 5 and 10 years and special disqualification from holding public office for between 6 and 10 years.

However, if weapons were used or if the uprising caused significant damage to private or public property, the maximum prison and disqualification sentences specified above are increased by a further 5 years.

Is holding public office an aggravating factor in this offence?

The answer is yes. In fact, it entails, as a minimum, a total disqualification for a period of between 15 and 20 years, even if the perpetrator is a mere participant. Officials and authorities who, without their resignation from their job being accepted, leave it, will be disqualified for a period of between 6 and 12 years. The same applies to those who continue to carry out their duties under the instructions of the rebels.

Are rebellion and sedition the same thing?

No. Both are crimes against the Spanish Constitution, but they are not synonymous. This is a very common doubt among Spaniards without advanced legal knowledge as, on many occasions, there is a tendency to confuse both concepts in the media.

Sedition consists, fundamentally, of carrying out an uprising against judicial and/or administrative activity, against public order and/or against political and social activity so that they can no longer carry out their activities normally. Therefore, it is not an uprising against the Spanish government or against the highest authority of an autonomous community, as is the case with rebellion.

Moreover, sedition does not necessarily involve tumultuous activity on the part of a group of people, which is a sine qua non requirement for rebellion. All of the above is specified in the Ruling of the Second Chamber of the Supreme Court of 4 July 1988.

In any case, the similarity between the crimes of sedition and rebellion is such that jurisprudence generally tends to classify as sedition any uprising that cannot be classified as rebellion.

Another way of explaining the difference between sedition and rebellion may be as follows: while rebellion involves a frontal attack on the organs that hold the primary functions of governing and legislating, sedition attacks the secondary functions of administering and judging.

We hope to have cleared up your doubts about the crimes of rebellion so that you can better understand the current political situation. As you will have seen, it is a difficult concept, but of particular importance.

If you would like more information, please contact us for a consultation.