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Restrictions and sanctions for non-compliance due to the coronavirus in Spain

25 mayo, 2021
Restricciones Coronavirus Espana

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Although the situation is dire, we must feel fortunate that most of us have never experienced a State of alarm like the current one. It is true that the government already resorted to this exceptionality during the air traffic control strike, but in that case it did not affect us as it is happening now.

This time the problem is much more “serious” (if you allow me that word), and much more generalized since it affects us all. And, as you can imagine, consequences for taking it lightly are also much more serious.

I STAY AT HOME

Not only because of the fines and penalties that we can receive for skip the restrictions due to the coronavirus in Spain, but because it can affect our health and that of ours.

With that said, we are here to tell you about the restrictions, fines and sanctions that can be imposed on us for skipping what is stipulated in the Royal Decree 463/2020, of March 14, by which the alarm state is declared for the management of the situation of health crisis caused by COVID-19.

Restrictions due to the coronavirus in Spain

The night from saturday to sunday, Pedro Sánchez issued a television statement announcing the immediacy of the activation of the state of alarm for the coronavirus (it was published in the BOE that same night) and the restrictions it was going to impose on us.

To begin with, we make it clear that the alarm state will have a valid for 15 days, extendable if necessary, and affects all the Spanish territory.

Limitations on freedom of movement

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Only We can circulate on public roads to carry out the following activities:

Buy food, pharmaceuticals or essential goods.

Attend health centers, services and establishments.

Going to the workplace, because we have to go to work in person, not to walk on the way there and back. Obviously, also to be able to return later to our habitual residence.

We can also go out to attend and take care of people who need us (whether they are elderly, minors, people with disabilities …) and to go to financial and insurance entities.

Another reason is due to force majeure, or a situation of need. We have already warned that riding a motorcycle is not considered a force majeure.

By last, if we go out we will have to do it alone, unless we are accompanying people who need our help, or for another justified reason.

Neither walking nor on a motorcycle

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All these restrictions apply both for walking and with our motorcycles, or any other vehicle.

Thus, We can only go out on a motorcycle for the cases that we have just mentioned, or to go to put gas. This means that we cannot go out on the road on a motorcycle, or go out for a walk with her.

On the other hand, we must bear in mind that the The Minister of the Interior may also decide to close the circulation or restrict it on roads or some sections.

In those cases, the state, regional and local authorities competent in traffic matters will be in charge of disseminating the information. So, if you really have the need to go out with the motorcycle (or car) before doing it inform you of the state of the roads in real time.

We also want to inform you that the competent authorities can practice temporary requisitions of all kinds of goods (They could ask us for the motorcycle, for example, although it is unlikely) and they can also impose the performance of mandatory personal benefits.

Fines and penalties for bypassing coronavirus restrictions

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The Article 20 of Royal Decree 463/2020, of March 14, contemplate possible sanctions in case of skipping the aforementioned requirements in the Royal Decree and says the following:

Non-compliance or resistance to orders of the competent authorities in the state of alarm will be sanctioned in accordance with the laws, in the terms established in article ten of Organic Law 4/1981, of June 1”.

The laws that regulate non-compliance in the event of a state of alarm are the Penal Code and the Law for the Protection of Citizen Security. Between the two, They contemplate fines and penalties ranging from 601 euros to 4 years in prison.

As you can imagine, the More severe punishments would be given in cases of extreme disobedience and violence. For example, article 550 of the penal code establishes, in the case of “serious resistance to authority, their agents or public officials (…)”, jail sentences of “one to four years and a fine of three to six months if the attack was against authority and imprisonment from six months to three years in all other cases”.

Hopefully none of us, or our readers, have to worry about these assumptions. But if it is more likely that someone ends up tired of confinement and decides to leave just because, because he can’t take it anymore, and he needs to breathe out with his motorcycle.

Also we could have a good punishment for that. The Article 36 point 6 of the Citizen Security Law talk about “disobedience or resistance to the authority or its agents in the exercise of their functions, when they do not constitute a crime, as well as the refusal to identify themselves at the request of the authority or its agents or the allegation of false or inaccurate data in the identification processes”.

Leaving home without one of the reasons we have mentioned before, just because, would be disobeying authority, considered in said law as a serious offense.

The article 39, what define sanctions, in point b, which regulates serious offenses, says: “For serious offenses, the minimum grade will include the fine from 601 to 10,400; the average grade, from 10,401 to 20,200 euros, and the maximum grade, from 20,201 to 30,000 euros”.

You must bear in mind that here we only mention a few examples of what it could be, but apart from the Penal Code and the Citizen Security Law, any law in force in the state could also apply.

Once you have seen the coronavirus restrictions, and the penalties and fines that may fall for skipping them, we can only say one thing

It does not matter whether the penalties are higher or lower. For our own safety, that of our loved ones, and that of everyone, we have to stay home.

If it makes us hard, which it is, we will have to look for alternatives how to see the 10 best races in MotoGP history, which are free, or play the console, at MotoGP 19 or to MXGP 2019, for example.

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