What is the crime of coercion?
The crime of coercion consists of imposing one’s will against another person to compel them, through the use of force or intimidation, to do something against their will or prevent them from doing what they have the right to do.
The crime of coercion in the Criminal Code aims to protect the freedom of action and will of individuals. The penalties for coercing another person will vary according to each case.
So, what is coercing another person according to the Criminal Code?
According to the Criminal Code, the crime of coercion occurs when someone, without legal authorization, resorts to violence or intimidation to impose their will:
- Preventing another person from doing something that the law allows them to do.
- Forcing someone to do something against their will.
To commit the crime of coercion, the following requirements must be met:
- Violent conduct, which can manifest through the use of physical force or intimidation, exercised directly or indirectly against the victim.
- Preventing another person from doing what the law does not prohibit or what they do not want to do, whether just or unjust.
- The action must have sufficient intensity to achieve the desired effect.
- That the action is not legitimately authorized by law.
Violence in this crime can present itself as
Crime of harassment or stalking
The crime of harassment or stalking, is a special type of the crime of coercion that punishes insistent and repetitive behavior that, without being legitimately authorized, alters the victim’s daily life. This harassment can manifest through various actions:
- Surveillance and following: Following, watching, or seeking physical proximity to the harassed person.
- Contact attempts: Establishing or attempting contact through any means of communication or even through third parties.
- Misuse of personal data: Acquiring products, contracting services, or generating contacts for the victim through the improper use of their personal data.
- Attacks against freedom or property: Performing actions that affect the freedom or property of the victim or persons close to them.
It is also considered a crime of harassment when someone uses another person’s image without their consent to create fake profiles on social networks, place advertisements on contact pages, or any means of public dissemination, causing the victim a situation of harassment, persecution, or humiliation.
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What are the penalties for the crime of coercion?
The penalties for the crime of coercion depend on the severity of the acts and the specific circumstances of the case.
In general terms, the Criminal Code establishes the penalty for coercion in a range of 6 months to 3 years of imprisonment. While the crime of minor coercion only carries a fine of 1 to 3 months.
When dealing with minor coercion in the context of gender-based violence, it will be punished with 6 months to 1 year of imprisonment as penalties for the crime of coercion.
The penalties for serious coercion to force marriage or deceive a person into leaving Spanish territory will be punished with a penalty of 6 months to 3 years of jail.
The penalties for harassment or stalking will range from 3 months to 2 years of imprisonment and the penalty for those who use another person’s image without authorization to harass, persecute, or humiliate them may be punished with penalties of up to one year of imprisonment.
Have you been reported for a crime of coercion and need help?
If you have been reported for a crime of coercion, it is very important to have a lawyer specializing in coercion crimes. This professional will guide and accompany you throughout the entire judicial procedure. The complaint for coercion will initiate a
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.