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Resisting arrest

Resisting arrest by a law enforcement officer is considered a criminal offense in many jurisdictions.

In Brazil, resistance to arrest is defined under the Brazilian Penal Code as "opposition to the execution of a legal act, by means of violence or threat towards a competent official executing it, or someone assisting them." The penalty for this offense in Brazil is Imprisonment of 1 to 3 years. In addition, any damages caused as a result of the violence used during the act are also charged to the offender and may result in further legal consequences.

The Canadian Criminal Code has two provisions covering resisting arrest. Section 129(a) makes it an offense for anyone who "resists or willfully obstructs a public officer or peace officer in the execution of their duty or any person lawfully acting in aid of such an officer". Section 270(1) makes it an offense for anyone who "(a) assaults a public officer or peace officer engaged in the execution of their duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of their-self or another person". Section 129 has a maximum jail term of two years, and Section 270 has a maximum term of five years.

The Danish penal code makes allowance for some forms of eluding and, thus, is very different from the penal code in the United States.

Resisting arrest in Norway can be punished with up to three months imprisonment.[citation needed]

Any arrest not in accordance with the procedure prescribed by law may be constitutionally resisted. Conversely, knowingly and willfully resisting a lawful police arrest with threats or violence may indirectly constitute obstructing official duty.

Section 38 of the Offences against the Person Act 1861 states:

Whosoever . . . shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, will be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . .

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