03 · State & society
Offenses against public safety
Defense and representation in offenses against public safety.
The area
Criminal defense in offenses against public safety
Offenses against public safety affect legal interests of special relevance to the community. Their investigation is often complex and involves technical and expert evidence.
At TREU Abogados we provide defense to persons under investigation and representation to victims, with solid, results-oriented legal strategies.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against public safety, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Sedition
A crime that only military or police officers can commit: using weapons to temporarily prevent the normal functioning of the constitutional or legal order, for example by disobeying lawful orders during an operation or trying to stop a superior from taking office. Inciting it, publicly defending it, or failing to prevent or report it is also punished.
Penalty: 1 to 3 years in prison; 6 months to 1 year for publicly defending it or failing to prevent or report it; 5 to 7 years during armed conflict, a state of emergency, or when the unit is in danger.
Art. 342 COIP
Insubordination
A crime that only military or police officers can commit, for example violently resisting a lawful service order, threatening, insulting, or injuring a superior, or mobilizing armed troops without a lawful order from above.
Penalty: 1 to 3 years in prison; 3 to 5 if weapons are used.
Art. 343 COIP
Sabotage
Destroying industrial facilities, ports, mines, vehicles, fuel depots, roads, or other assets essential to public or private services, or obstructing the work of emergency teams, in order to disrupt the country's economy or public order.
Penalty: 5 to 7 years in prison; 7 to 10 if infrastructure of strategic sectors is destroyed.
Art. 345 COIP
Disruption of a public service
Preventing, hindering, or shutting down the normal provision of a public service, violently resisting its restoration, or taking over a public building or facility by force.
Penalty: 1 to 3 years in prison.
Art. 346 COIP
Espionage
A crime that only military, police, or intelligence officers can commit, for example obtaining or disclosing classified information that a foreign country could use against national security, copying or stealing information about military or police operations, or hiding relevant information from commanders.
Penalty: 7 to 10 years in prison in peacetime; 10 to 13 during armed conflict.
Art. 354 COIP
Desertion
A crime that only a member of the military can commit during armed conflict: being absent for more than eight days from their unit or assigned post, or failing to join the unit when it departs or moves out.
Penalty: 3 months to 1 year in prison; 1 year if committed through a conspiracy or in enemy territory.
Art. 357 COIP
Incitement
Publicly inciting others to commit a crime against a person or institution, when the person inciting cannot legally be considered a participant in that crime.
Penalty: 6 months to 2 years in prison.
Art. 363 COIP
Arson
Setting fire to ships, aircraft, land transport vehicles, warehouses, buildings, or any dwelling with people inside at the time, or to any place, even if uninhabited, that contains stores of gunpowder or explosives.
Penalty: 10 to 13 years in prison.
Art. 364 COIP
Organized crime
Forming, financing, leading, or planning a structured group of three or more people that acts permanently or repeatedly to commit crimes punishable by more than 5 years in prison and to obtain financial or material gain. Collaborators are also punished, such as those who contribute legal, accounting, or technical knowledge.
Penalty: 22 to 26 years in prison for those who lead it and 10 to 13 for collaborators; 26 to 30 (19 to 22 for collaborators) if the group aims at drug trafficking, terrorism, illegal mining, contract killing, kidnapping, human trafficking, or money laundering, among others.
Art. 369 COIP
Unlawful association (criminal conspiracy)
Two or more people joining together for the purpose of committing crimes punishable by less than five years in prison. The mere act of associating is punished.
Penalty: 3 to 5 years in prison.
Art. 370 COIP
Frequently asked questions
What clients usually ask us
How important is expert evidence in these cases?
It is often decisive. Proper technical analysis is essential to the defense or the representation.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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