Is a person justified in resisting unlawful arrest by police officers?
Elements of the Spanish National Police Corps responded to a call for a fight between several people. However, on arrival, the people fled the scene. During the pursuit, the officers approached a bar, where they noticed that the bar employee, Miguel, had blood on his shirt. He tried to explain to them that he was not involved in the fight but stained his shirt while trying to break it up.
However, the officers forcibly detained him and took him to the headquarters. During this time, Miguel suffered blows and physical aggressions that caused injuries to his face, such as a contusion and bruises.
When analysing the case, the Malaga Provincial Court considered that Miguel’s physical resistance to the arrest had no criminal relevance, as the police officers exceeded their duties and acted abusively.
The Court explained that when the officers act illegally, they lose the criminal protection of assault offences and resistance to authority.
Thus, the Court explained that the citizen cannot be required to remain passive and immobile in the face of arbitrary and abusive actions by police officers. On the contrary, a degree of physical resistance is understandable and tolerable when it is proportionate.
Therefore, the Court ruled that since it had not been proven that Miguel had engaged in serious resistance, he should be acquitted of the offences of assault and battery.
On the other hand, the Court found the police officers guilty of the offences of illegal detention and injury for the blows inflicted on Miguel and ordered them to pay him compensation.
It also declared the subsidiary liability of the State to pay the compensation.
Read the judgement (in Spanish)
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References
Case
Audiencia Provincial de Málaga, Sección 7ª, Sentencia 9/2024 de 30 May. 2024, Rec. 4/2024
