A JUDGE has ruled that a man’s failure to comply with the State of Alarm was not disobedience and has annulled a fine of €601.
Contentious-Administrative Court number one in Segovia resolved that skipping the confinement during the state of alarm was not reason for a fine for disobedience and that the fine is not within legal boundaries.
The judge admits that the man’s behaviour was “unfair and antisocial” by endangering other people in a pandemic, but only from an ethical or moral point of view.
However, he considers that it was a one-off occasion, as there was no persistent disobedient attitude towards the authorities or the officers of the law; neither did the man refuse to provide identity or give false data.
The fine was issued based on article 36.6 of the Organic Law for the Protection of Citizen Security of 2015, at the time, going out of the house was forbidden, other than to go to buy food or to the chemist and certain other situations.
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