The tumultuous feud in the Penal Code

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Tumultuous brawling is a crime classified in article 154 of the Penal Code. It is committed by those who fight among themselves, attacking each other in a tumultuous manner, and using means or instruments that endanger the life or integrity of people. This crime is regulated in Title III of Book II of the Penal Code, related to injuries. However, it is a somewhat different crime from the rest of the same Title, to the extent that it does not have to result in any harmful result, but it is enough for the dangerous situation described to occur. We can help you At Dexia Abogados we are lawyers specializing in crimes against people . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is the penalty for the crime of rioting? The crime of rioting is punishable by imprisonment of 3 months to 1 year or a fine of 6 to 24 months.

Those who fight among themselves, attacking each other in a tumultuous manner, and using means or instruments that endanger the life or integrity of people, will be punished for their participation in the fight with a prison sentence of three months to one year or a fine of six to 24 years. months. Article 154 of the Penal Code What legal asset is protected in a tumultuous brawl? In the case of a riot, life and physical integrity are DM Databases protected , the latter being the right of people not to suffer any injury or physical harm without their consent. Another legal asset protected in the crime of rioting is public order , which is the state that allows the effective exercise of fundamental rights. Requirements for the crime of rioting According to the jurisprudence of the Supreme Court, in the crime of rioting the following elements must occur: That there be a plurality of people who fight each other with physical attacks between several mutually opposed groups.



That in this fight, these various physical aggressors attack each other in a tumultuous manner (confusingly and tumultuarily), that is, without being able to specify who was the aggressor of each one. That there is someone (or several) who uses means or instruments that endanger the life or integrity of people. Not all participants are required to use them. With these three elements concurring, all those who participated in the fight are the perpetrators of this crime . It must be understood as all those who participated on the side that used these dangerous means, in the event that no one on any of such sides had used them. Obviously, due to the requirements of the principle of culpability , the participants who had not used those dangerous elements will have to know that one or some of their group did use them. These requirements are included in the Supreme Court ruling number 86/2001, of January 31 , as well as in many other subsequent ones.