Translation to English of:
http://www.diariovasco.com/20090627/al-dia-local/condenan-doce-meses-prision-200\
90627.html

Cyclist who rides naked in San Sebastián is sentenced to twelve months
in prison

A court in San Sebastián has sentenced the cyclist who rides a bicycle
naked on the streets of San Sebastián to twelve months in prison. The
Penal Court [Juzgado de lo Penal] number 3 of the capital of Guipúzcoa
has sentenced the defendant to six months for the crime of exhibitionism
and another six for disobeying the police officers who asked him to get
dressed, sources for the defense confirmed yesterday. The defendant’s
lawyer has announced his intention to appeal the verdict before the
Provincial Court [Audiencia Provincal].

The acts currently sentenced occurred on Sunday, May 30 at 2:30 PM, when
the defendant, Jean Pierre D., a native of France who is known as Irwin
on this side of the border, rode on a bicycle totally naked around the
Plaza de La Brecha, which at that moment was filled with people due to
the celebration of a crafts fair.

Two police officers

Two agents of the Municipal Guard [Guardia Municipal ] who were
patrolling on foot were aware of the presence of the naked man and,
after approaching him, required him to get dressed.

The defendant got off his vehicle and, not only did not accede to the
demands of the police, but in front of the people who were present in
the place - among them several minors and a group of mentally disabled
people - began to discuss with the agents.

The incident gave rise to an argument. People gathered and began to
express their opinions in raised voices. Some of the people who were
present even uttered insults against the defendant.

Jean Pierre D. took advantage of the tumult that began, and the fact
that it was being photographed, to show his naked body by adopting
different positions and poses. The defendant began to highlight his
buttocks and the genital organs with the full knowledge that he was
being observed by minors and mentally disabled people, according to the
sentence.

In this frame of mind, the agents reiterated to the defendant that he
should get dressed but, “with an evident spirit from the start to scorn
the authority represented by the aforementioned agents in the legitimate
exercise of their functions”, refused to get dressed.

Given this attitude, the municipal guards detained the defendant and
transferred him to the branch office of the Municipal Guard, where “also
with a total scorn of the requirements of the agents”, continued in his
refusal to get dressed.

In the sentence, the magistrate recalled that the crime of exhibitionism
does not require that the acting subject carry out sexual acts on his
own body, but that the action to show others the genital organs is
sufficient, even though it is not accompanied by lewd gestures. “It is
committed as soon as that type of conduct is carried out”, the sentence
indicated.

Impertinent attitude

With respect to crime of disobedience, the sentence emphasizes that,
despite the requirements that the guards made to him that he get
dressed, the defendant adopted an “impertinent” attitude that, in the
opinion of the magistrate, “demonstrates a clear spirit to scorn the
principle of authority that in this moment the agents represented”. The
magistrate adds that it is the “obstinate and recalcitrant refusal to
fulfill the legitimate requirement that the agents of the authority
repeatedly made to him” which turns the disobedience into a serious and
fundamental crime.

Besides the twelve months of prison, the defendant will have to pay the
process costs.

The sentence is not firm and can be appealed before the Provincial Court
[Audiencia]. The defense of the accused announced his intention
yesterday to appeal the verdict and also expressed his hope that the
court will acquit the accused.

Next month, the defendant will face another judgment for a presumed
crime of exhibitionism.

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Comments:
Just Roca i Duran, June 29, 2009:
To force somebody to get dressed is a crime of coercion, denying a human
right, the same as denying someone to color himself white, and wanting
him to be black. The judge must have forgotten that the crime of public
scandal has disappeared and seems to want to re-penalize nakedness by
calling it "exhibitionism". The "nudist" beaches, according to this
criterion, must also be "exhibitionist beaches" …