Rebellion (Crime of)
Abstract
The crime of rebellion stands as the main legal-criminal figure for the protection of the constitutional system. This implies the demand for a conduct of maximum harmfulness that expresses an attempt not only illegal but violent against this system, since the Constitution allows its own full reform. The dimension of the term "violence" by means of a literal, teleoenological and systematic interpretation obliges to demand of the public uprising that sustantiviza the typical conduct of the crime of rebellion an suitability for the rupture of the constitutional system which is far from accredited in the "Procés" catalan independence (STS 459/2019). This is consistent with the lack of a declaration of the state of siege, authentic "alter" of the rebellion not only in the current legislation but throughout the whole of contemporary Spanish history.
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