Conductas ilícitas en contextos de calamidad: respuesta penal y sancionadora a comportamientos antisociales | Zenodo Skip to main Communities My dashboard Log in Sign up CODESEL Published April 1, 2026 | Version v1 Journal article Open Conductas ilícitas en contextos de calamidad: respuesta penal y sancionadora a comportamientos antisociales Authors/Creators Herrero García, José Luis (Researcher) 1 Show affiliations 1.
Centro Universitario de la Defensa - Academia General Militar Description LEGAL REVIEW Herrero García, José Luis. “Conductas ilícitas en contextos de calamidad: respuesta penal y sancionadora a comportamientos antisociales.” Boletín CODESEL , vol. 2, no. 8, April 2026, ISSN-e: 3045-7750. The article constitutes a comprehensive and normatively grounded examination of unlawful conduct emerging in contexts of calamity, offering a systematic legal analysis of antisocial behaviors arising during natural disasters, large-scale emergencies, and situations of societal disruption. Positioned primarily within the framework of domestic criminal law, the study nevertheless engages with broader questions of public order, state authority, and the resilience of legal systems under conditions of crisis, thereby intersecting with core concerns of security studies and, indirectly, with the logic of emergency governance observable in both peacetime crises and conflict environments. The analytical foundation of the article lies in the identification of a recurrent empirical pattern: the emergence of opportunistic, disruptive, and sometimes violent conduct in situations characterized by institutional stress, reduced enforcement capacity, and heightened social vulnerability. The author grounds this observation in recent case studies, including the eruption of the Cumbre Vieja volcano, the DANA meteorological event of 2024, and major accidents, thereby anchoring the legal discussion in concrete operational contexts . These scenarios, marked by the presence of emergency services, restricted zones, and urgent state intervention, reveal the tension between individual behavior and collective security needs. A central doctrinal contribution of the article is its detailed reconstruction of the legal protection afforded to public authorities and emergency personnel. The classification of conduct such as physical aggression, resistance, and disobedience within the framework of crimes against public order—particularly under Articles 550 and following of the Spanish Criminal Code—illustrates the normative architecture designed to safeguard institutional authority during crisis situations. The analysis extends to a precise delineation of protected subjects, including authorities, public officials, agents of authority, and specific categories such as emergency responders and members of the armed forces operating under defined legal conditions . This layered categorization reflects a functional approach to authority, emphasizing the role of individuals as guarantors of public safety rather than merely their formal institutional status. The article further develops a nuanced distinction between criminal and administrative responses to unlawful conduct, particularly in relation to acts of disobedience and resistance. The differentiation between serious forms of resistance—triggering criminal liability—and lesser infractions subject to administrative sanctions reveals an underlying principle of proportionality within the domestic legal system. This gradation is particularly relevant in crisis contexts, where the boundary between disorderly conduct and criminal behavior may become blurred due to the intensity of circumstances and the psychological state of affected populations. A second major axis of the analysis concerns property-related crimes, including looting, theft, and robbery in situations of desamparo. The author highlights the aggravating circumstances applicable when such offenses are committed by exploiting the vulnerability of victims or the general conditions of chaos and insecurity. This doctrinal emphasis on aggravation reflects a broader normative principle: the law intensifies its protective function precisely in those contexts where social cohesion is most fragile. The empirical references to looting incidents and judicial responses, including pre-trial detention, underscore the seriousness with which such conduct is treated within the legal system . The discussion of fraudulent conduct introduces a further layer of complexity, particularly in relation to scams targeting disaster victims. The article identifies a wide range of behaviors, from traditional fraud schemes to sophisticated cyber-enabled deception, including phishing, identity impersonation, and misuse of digital platforms. The analysis of these practices highlights the adaptive capacity of criminal actors, who exploit both technological tools and the emotional vulnerability of victims. The reference to the use of virtual private networks and digital anonymity mechanisms illustrates the challenges faced by law enforcement in attributing responsibility and ensuring accountability . The inclusion of ancillary offenses such as money laundering and usurpation of public functions further enriches the doctrinal scope of the study. Another significant contribution of the article lies in its treatment of economic exploitation during crises, particularly through price manipulation and market distortions. The examination of offenses related to artificial scarcity, abusive pricing, and interference with market dynamics reveals the intersection between criminal law and economic regulation. The discussion of legislative responses, including attempts to introduce price controls in emergency contexts, reflects the dynamic interaction between normative frameworks and evolving socio-economic realities . This dimension of the analysis underscores the role of the State not only as a guarantor of security but also as a regulator of market fairness under exceptional conditions. The article also addresses corruption-related offenses in the management of public resources during emergencies, highlighting risks associated with procurement processes, allocation of aid, and misuse of public funds. This aspect of the analysis is particularly relevant from a governance perspective, as it exposes vulnerabilities within institutional frameworks that may be exacerbated under conditions of urgency and reduced oversight. Finally, the inclusion of gender-based violence as a phenomenon that intensifies in crisis contexts broadens the analytical horizon of the study. By documenting increases in such offenses following catastrophic events, the article highlights the intersection between structural social inequalities and emergency conditions, thereby linking criminal law analysis with broader considerations of human security. From a broader legal-strategic perspective, the article can be interpreted as an exploration of the resilience of the legal order under stress conditions analogous, in certain respects, to those encountered in armed conflict. While the study does not explicitly engage with International Humanitarian Law, its focus on the protection of authority, the regulation of conduct in exceptional circumstances, and the preservation of public order resonates with fundamental principles governing the conduct of hostilities and occupation, particularly in relation to the maintenance of order and the protection of civilians. The article offers a rigorous and multidimensional analysis of unlawful conduct in contexts of calamity, combining doctrinal precision with empirical relevance. Its strength lies in the systematic articulation of legal responses across different categories of offenses, as well as in its implicit engagement with broader questions of governance, security, and social resilience. It constitutes a valuable contribution to the understanding of how legal systems adapt to and regulate behavior under conditions of extreme stress, with implications that extend beyond domestic criminal law into the wider field of security and crisis management. Files HERRERO_GARCIA_Conductas_ilIcitas_en_contextos_de_calamidad_CODESEL_Boletin_2026_8.pdf Files (361.5 kB) Name Size Download all HERRERO_GARCIA_Conductas_ilIcitas_en_contextos_de_calamidad_CODESEL_Boletin_2026_8.pdf md5:af0b6415d628203e5b2c25db1a86be01 361.5 kB Preview Download 31 Views 24 Downloads Show more details All versions This version Views Total views 31 31 Downloads Total downloads 24 24 Data volume Total data volume 9.0 MB 9.0 MB More info on how stats are collected.... Versions External resources Indexed in OpenAIRE Communities Keywords and subjects Keywords Public order Emergency management Governance Security policy Crisis response Civil protection Jurisprudence Legal analysis Public safety Risk governance Institutional resilience EuroSciVoc Governance Law enforcement Public administration Crisis management Social sciences GEMET Criminal law Risk management Law enforcement Crime Risk assessment Crisis management MeSH Criminal Law Criminal Law/trends Criminal Law/legislation & jurisprudence Social Behavior Risk Management Law Enforcement Crime Crime/legislation & jurisprudence Public Policy Emergency Responders Violence Violence/trends Violence/legislation & jurisprudence Decision Making Risk Assessment Disaster Planning Disaster Planning/legislation & jurisprudence Social Sciences Social Sciences/legislation & jurisprudence Details DOI DOI Badge DOI 10.5281/zenodo.19679790 Markdown [](https://doi.org/10.5281/zenodo.19679790) reStructuredText .. image:: https://zenodo.org/badge/DOI/10.5281/zenodo.19679790.svg :target: https://doi.org/10.5281/zenodo.19679790 HTML <a href="https://doi.org/10.5281/zenodo.19679790"><img src="https://zenodo.org/badge/DOI/10.5281/zenodo.19679790.svg" alt="DOI"></a> Image URL https://zenodo.org/badge/DOI/10.5281/zenodo.19679790.svg Target URL https://doi.org/10.5281/zenodo.19679790 Resource type Journal article Publisher CODESEL Published in Boletín CODESEL, 2(8), 48-54, ISSN: 3045-7750, 2026. Languages Spanish Rights License Creative Commons Attribution 4.0 International The Creative Commons Attribution license allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited. Read more Citation Export Technical metadata Created April 21, 2026 Modified April 21, 2026 Jump up About About Policies Infrastructure Principles Projects Roadmap Contact Blog Blog Support Help FAQ Developers REST API OAI-PMH Contribute GitHub Donate Funded by Powered by CERN Data Centre & InvenioRDM Status Privacy policy Cookie policy Terms of Use This site uses cookies. Find out more on how we use cookies Accept all cookies Accept only essential cookies