But what does this crime consist of? What is the difference between it and the crime of rebellion?
Crime of sedition
It is included in article 544 of the Penal Code. Collective conduct is required taiwan business mailing list because it is characterized by a tumultuous uprising to prevent, by force or outside of legal channels, the application of the laws or any authority from the legitimate exercise of its functions or the fulfillment of its agreements, or of administrative or judicial resolutions.
The legal asset protected is public safety and the principle of authority is protected ; this is a crime against public order.
For a crime to exist, three circumstances must occur:
The use of violence or illegal means.
Its purpose must be to prevent the application of the law.
Article 545 of the Penal Code regulates penalties and depending on the subjects, a greater penalty will be applied or not.
Authorities leading a tumultuous uprising to prevent the application of the laws would commit a crime of sedition and are punishable by the most serious penalty: between 10 and 15 years of imprisonment.
There is a lack of consolidated jurisprudence on this crime. Some legal experts believe that the incidents that occurred on September 21 in Barcelona do constitute a crime of sedition. Other criminal lawyers believe that it is not a crime of sedition and much less of rebellion.
Difference between the crime of sedition and the crime of rebellion.
Firstly, both crimes are included in different titles. The crime of rebellion is included in the crimes against the Constitution and the crime of sedition is included in the crimes against public order.
The difference with the crime of rebellion is that sedition does not involve the use of violence. But the leaders of these riots are severely punished, especially if they hold institutional positions.
The crime of rebellion is regulated in article 472 of the Penal Code. The provision regulates seven cases in which this crime is committed, but they must have as a common characteristic that those responsible rise up violently and publicly.