Lawyer specializing in coercion

The crime of coercion is regulated in Articles 172 and 172 bis of the Penal Code, within Title VI, which includes crimes against liberty. This is a crime that protects the right to liberty, more specifically, the freedom to act, to act in accordance with previously and freely made decisions.

Typical conduct consists of preventing another person from doing something that the law does not prohibit, or forcing them to do something they do not want to do (whether just or unjust), provided that violence or intimidation is used to achieve this.

The crime of coercion occurs when the following circumstances occur:

• When the author uses violence of a certain intensity.
• The perpetrator’s actions must be aimed at preventing the victim from doing something or forcing him or her to do something against his or her will.
• There must be a causal relationship between the violence used and this commission dynamic.
• That the author acts with the objective of violating the freedom of another.
• That the active subject acts without legitimate authorization to act in a coercive manner.

The crime of coercion does not only apply to cases of physical violence. According to the most recent jurisprudence of the Supreme Court, the concept of violence has been expanded to also include intimidation, and even physical force, provided that it impacts the individual’s freedom.

In fact, in the most recent rulings, the Courts understand that the simple restriction of freedom of action entails violence and, therefore, may constitute coercion. What is relevant when determining whether or not this crime exists is whether the coercive means employed by the perpetrator are appropriate and effective in achieving the intended result (Supreme Court Judgment No. 637/2023 of July 21).

The crime of coercion is punishable by imprisonment of 6 months to 3 years or a fine of 12 to 24 months. The specific penalty imposed will depend on the severity of the coercion or the means used.

The penalties indicated above are imposed in their upper half in the following cases:

• If coercion seeks to prevent the exercise of a fundamental right.
• When the coercion is intended to prevent the legitimate enjoyment of the home. This modality is applicable to cases of real estate harassment.

The Penal Code punishes minor coercion with a lesser penalty. In this case, the penalty imposed varies depending on the relationship between the perpetrator and the victim of the crime:

• If the victim is or has been a wife or other woman bound to the perpetrator by a relationship of affection similar to marriage, the offenses are punishable by imprisonment of 6 months to 1 year or community service of 31 to 80 days. This penalty is also imposed when the victim is a vulnerable person living with the perpetrator.

• In cases where the victim is a close relative of the perpetrator, the penalty will be permanent confinement for 5 to 30 days, community service for 5 to 30 days, or a fine of 1 to 4 months.

• If the victim is any other person, minor coercion is punishable by a fine of one to three months. In this case, the crime can only be prosecuted upon complaint from the injured party.

Article 172 bis of the Criminal Code punishes the crime of forced marriage with a prison sentence of 6 months to 3 years or a fine of 12 to 24 months. This provision punishes forcing another person into marriage using serious intimidation or violence.

Likewise, this article punishes any person who uses violence, serious intimidation or deception to force another person to leave Spain or not return, with the aim of forcing them into marriage.

When determining the seriousness of a crime of coercion and, consequently, the sentence to be imposed, the Courts take into account the seriousness of the coercive action, the suitability of the means used for the violent imposition, the personality of the perpetrator and the victim, their intellectual capacities, and the circumstances in which the action occurs (STS No. 637/2023 of July 21).

The crime of threats is characterized by the conscious announcement of a future, unjust, determined, and possible evil, with the sole purpose of creating unrest in the victim. It is a crime that is committed from the moment the announcement of evil reaches its recipient.

On the contrary, in the crime of coercion the evil is presented as imminent and present (STS no. 317/2022, of March 30).