In July of this year, more than a year after the first alarm state due to the pandemic, and which led to confinement and mobility limitations, the Constitutional Court (TC) annulled it. Thus, hundreds of sanctions for breaking restrictions is it so being archived.
In addition, fines that have not been paid are also being revoked. The annulment of these complaints are being published in the BOE through resolutions by the different Government Delegations of the Autonomous Communities.
They include lists with the file number and the NIF of the persons proposed for sanction, so you can check if you are among those who get rid of the fine or not.
Although it is estimated that more will arrive: in total, during the first state of alarm, between March and June 2020, they interposed more than a million complaints throughout Spain for this reason. These penalties normally ranged between 100 and 600 euros.
More than 530 complaints filed, and even fines already imposed
Today more than 500 files with this cause have already been archived. It must be remembered that the complaints were imposed for leaving home or traveling that were not included among the exceptions contemplated (reasons for work, study, health, care, purchase of essential products, etc.).
According to Civio, the last resolution to arrive was the published by the Delegation of the Government of Balearic Islands, which has canceled 243 sanctioning procedures open against those who breached the mobility restrictions of the first state of alarm.
But it is not the only one a prior resolution This body has already filed 21 sanctions. And it is added to previous ones dictated by the Government Delegations of Huesca between September and October, more than 200, and of Guadalajara, which has canceled 68 files. All have been made effective as they have already been published in the BOE. We talk about more than 530 complaints canceled.
On the other hand, in Guadalajara has gone further, because they are being revoked what’s more fines that have already been imposed but not paid, being in your case 47 total.
These resolutions answer to the ruling of the Constitutional Court (TC), that considered mobility restrictions illegal imposed in the first state of alarm, including confinement, which de facto means that the sanctions applied for breaching these limitations should be annulled.
Civio points out that all these fines were imposed for disobedience to authority, which means infractions against the Citizen Security Law. As stated in Article 39 of this regulation, in the case of minor ones, the amount of the fine ranged from 100 euros and the 600 euros, while the serious ones could be between 601 euros and 30.000 euros.
The judgment of the TC, very divided and by the minimum difference, stipulated that sections 1, 3 and 5 of article 7 of the Royal Decree regulating the first state of alarm (allowing only essential movements and road closures), would have required to impose the state of exception and not the alarm one.
The lists with the reports canceled by the first state of alarm
These are all published resolutions, with the respective lists of the sanctioning files, which include the number of the same and the NIF of those affected:
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