Specialist Lawyers in Threats, Coercion, and Harassment Offenses
Our law firm Valmaseda Abogados, specialized in criminal law based in Madrid, has extensive experience in cases involving threats, coercion, and harassment. Since our foundation, we have maintained solid defense work in proceedings for crimes against individual freedom, achieving outstanding results nationwide and especially before the National Court. Our successes include the acquittal of our clients or the dismissal of cases during the investigative phase.
What Do the Crimes of Threats, Coercion, and Harassment Consist Of?
Crimes of threats, coercion, and harassment violate individual freedom by intimidating and coercing the victim to act against their will.
Threats
Article 169 of the Spanish Penal Code defines threats as the act of threatening to cause harm to the victim, their family, or their close associates. Threats are punished with prison sentences or fines, and the severity of the penalty depends on aspects such as the type of harm threatened, conditions imposed on the victim, and how believable the threat is.
Types of Threats and Their Characteristics
Minor threats (Art. 169.1 CP): These are threats that are not serious, such as uttering insults or making intimidating gestures. The penalty for such threats is a fine of 6 to 12 months.
Serious threats (Art. 169.2 CP): These include threats to cause significant physical harm or death. The penalty is 3 months to 1 year in prison or a fine of 6 to 24 months.
Conditional threats (Art. 169.3 CP): These are threats made on the condition that the victim does or does not do something specific. The penalty is 6 months to 2 years in prison.
Threats with weapons or dangerous instruments (Art. 169.4 CP): These are threats involving weapons such as a knife or firearm. The penalty is 1 to 5 years in prison.
In general, threats are considered crimes because they can cause significant fear and insecurity in the victim.
Coercion
According to Article 172 of the Spanish Penal Code, coercion involves using violence or intimidation to force someone to do—or not do—something against their will.
Types of Coercion and Their Characteristics
Minor coercion (Art. 172.1 CP): Coercion involving mild violence or intimidation to compel the victim to act or refrain from acting. The penalty is 6 months to 3 years in prison or a fine of 12 to 24 months.
Serious coercion (Art. 172.2 CP): Coercion involving serious violence or intimidation. The penalty is 3 to 5 years in prison.
Coercion with serious violence or intimidation (Art. 172.3 CP): Coercion involving acts like beating someone, threats of death, or unlawful deprivation of liberty. The penalty is 4 to 6 years in prison.
Factors that influence the severity of coercion include the intensity of the violence or intimidation, the harm caused, the relationship between the victim and the perpetrator, and the context of the conduct.
Examples of coercion might include:
Forcing someone to hand over money through verbal threats.
Preventing someone from leaving their home by pushing them.
Threatening someone with a firearm to force compliance.
Kidnapping someone to oblige them to act against their will.
Harassment
Article 173 of the Spanish Penal Code defines harassment as surveillance, pursuit, or persistent harassment that seriously disrupts the victim’s everyday life. Harassment is punishable by prison or fines and typically requires a prior complaint from the victim.
Types of Harassment and Their Characteristics
Minor harassment (Art. 173.1 CP): Repeated surveillance, pursuit, or harassment that significantly disrupts the victim’s daily life, punishable by 3 months to 2 years in prison or a fine of 6 to 24 months.
Serious harassment (Art. 173.2 CP): Persistent harassment that causes serious psychological harm or greatly disrupts daily life, punishable by 1 to 3 years in prison.
Factors considered when determining the gravity of harassment include the frequency and intensity of the behavior and the impact on the victim’s life.
Examples of harassment behaviors include:
Repeatedly following someone by foot or car.
Making persistent phone calls or sending repeated messages.
Stalking a victim at work or home.
Spreading false rumors about someone.
Penalties and Sanctions for Threats, Coercion, and Harassment in Spain
The penalties for these crimes vary depending on the severity of the offense and the specific circumstances of the case. Here’s a general summary:
Threats:
Minor threats: fine of 6 to 12 months.
Serious threats: 3 months to 1 year in prison or a fine of 6 to 24 months.
Conditional threats: 6 months to 2 years in prison.
Threats with weapons: 1 to 5 years in prison.
Coercion:
Minor coercion: 6 months to 3 years in prison or a fine of 12 to 24 months.
Serious coercion: 3 to 5 years in prison.
Coercion with violence or serious intimidation: 4 to 6 years in prison.
Harassment:
Minor harassment: 3 months to 2 years in prison or a fine of 6 to 24 months.
Serious harassment: 1 to 3 years in prison.
Aggravating Factors:
Penalties can increase if the crime is committed against:
Minors or especially vulnerable persons.
Spouses, ex-spouses, parents, children, or siblings.
Persons with whom the perpetrator has a similar affective relationship.
Public officials performing their duties.
Mitigating Factors:
Penalties may be reduced if the perpetrator:
Makes amends to the victim.
Confesses and cooperates with justice.
Has no prior criminal record.
Precautionary Measures:
In addition to penalties, a judge may impose measures such as:
Restraining orders against the victim.
Prohibition of communication with the victim.
Confiscation of weapons.
Contact & Location
You can find Valmaseda Abogados at their law office in Madrid, where they provide legal services in matters of threats, coercion, harassment, and other criminal offenses.
