Threat Lawyer in Barcelona

The Penal Code distinguishes the different types of threats depending on the harm announced and whether or not any condition is imposed on the person receiving the threat.

When the threat is of harm constituting one of the crimes detailed in Article 169 and, in turn, is made by demanding a sum or imposing any other condition, and the purpose has been achieved, the conduct is punishable by one to five years in prison. If the perpetrator fails to achieve his or her purpose, the punishment is six months to three years in prison.

In cases where the threat is not conditional, meaning it is made with the sole purpose of causing harm to another person, without demanding anything in return, the penalty imposed is imprisonment from six months to two years.

When the threat is of an evil that does not constitute a crime, it must always be made conditionally, that is, always requiring a condition, regardless of whether it is actually met or not.

The main difference is that, although it may be illegal, the threat of harm is not criminal; that is, it does not constitute any of the offenses contemplated in the Penal Code.

In these cases, a prison sentence of 3 months to 1 year or a fine of 6 to 24 months will be imposed, depending on the severity and circumstances of the act. And, in cases where the person uttering the threat has achieved his or her purpose, the sentence will be half the higher.

The Penal Code punishes certain specific types of threats with greater penalties.

First, those who threaten to cause harm constituting a crime by demanding a certain amount or imposing any other condition in order to avoid carrying out their threat will be sentenced to a prison sentence of one to five years if they succeed in achieving their goal.

In addition, more severe penalties apply to cases where the threat is made in writing, by telephone, or by any means of communication or reproduction, or where it is made on behalf of entities or groups.

It should be noted that these entities or groups do not need to be real; in other words, they can be assumed. What is crucial is that the manner in which the threat is carried out is suitable to generate greater unrest and anxiety in the recipient. In these cases, the corresponding prison sentence will be imposed in the upper half.

For example, cases of threats by email or phone demanding money would fall under the aggravated form of the crime.

Article 171.2 of the Criminal Code punishes anyone who threatens to disseminate or reveal facts reserved for the private life of the person threatened, private facts that are not publicly known, and who demands a sum or reward in exchange for not doing so.

In these cases, if the demanded amount has been delivered, either in whole or in part, the crime will be punishable by a prison sentence of two to four years. In cases where the amount or reward demanded in exchange for not disclosing the facts is not obtained, the penalty will be four months to two years in prison.

Furthermore, our Criminal Code also contemplates another specific case of blackmail. These are cases in which a sum or reward is demanded in exchange for not revealing or reporting the threatened victim’s involvement in a criminal act.

Generally speaking, minor threats are punishable by a fine of one to three months. In these cases, in order to punish the act, the person affected or their legal representative must have filed a complaint.

However, our Penal Code provides for a series of exceptions in which, even if the threat may be considered minor, it is punished with the penalties corresponding to less serious crimes.

Specifically, in cases of gender violence in which a man threatens, even if only mildly, his wife, partner or former wife or with whom he maintains or has maintained any type of relationship similar to those indicated.

In these cases, a prison sentence of six months to one year or community service of 31 to 80 days will be imposed, as well as deprivation of the right to possess weapons for one year and one day to three years.

The aforementioned penalties will also be imposed on anyone who, in a minor manner, threatens a particularly vulnerable person who lives with the perpetrator of said threat.

Likewise, cases in which the threat occurs in the context of domestic violence are also considered. That is, those cases in which a person threatens, in a mild manner, one or more people with whom they regularly live. The penalty for these cases is the same as for threats made in the context of gender-based violence.

Joaquín Sugrañes is a lawyer highly specialized in threat crimes, and his goal is to ensure the best criminal defense against issues related to this type of crime.

In these types of crimes, it’s extremely important to have the specialized defense of an expert threat lawyer in Barcelona.

Minor threats, except in cases expressly provided for, are punishable by a fine. Less serious threats carry a prison sentence.

To distinguish between a mild threat and a less serious threat, not only the content of the expression or the announced harm with which the threat is made will be taken into account, but also the other circumstances and context in which the threat in question is made.

Specifically, the degree of seriousness, as well as persistence and credibility, will be assessed.

Yes. If the requirements of Article 74 of the Criminal Code are met, it is possible to commit a single, continuous crime of threats in cases where such threats occur.

No. The crime of threats is a willful crime and cannot be committed recklessly. Therefore, the person making the threat must be conscious and willing to exert pressure on the person threatened, depriving them of their peace of mind and causing anxiety and personal insecurity.

All types of threats provided for in the Penal Code are intentional.

All legally admissible evidence will be valid. In cases where there is no evidence other than the victim’s own statement, their statement alone may be sufficient to obtain a conviction. However, in these cases, it must meet a series of parameters or criteria established by case law.

In cases where threats are made in writing, through messages exchanged on instant messaging services, or by email, it will be necessary to provide such messages to the Court and request a diligence for their comparison and transfer to the judicial body.