The crime of kidnapping in the Spanish penal code
In Spain, the crime of kidnapping It is classified in the Spanish Penal Code in article 178. According to this article, kidnapping is considered to be the action of retaining a person against their will.
In order to be considered kidnapping, the following requirements must be met:
- Retain a person: The action of retaining a person must be carried out by one or more people.
- Against their will: The detained person must be against their will. That is, you must not have given your consent to be retained.
- For illegal purposes: The withholding must be done for illegal purposes, such as extorting money or information.
If these requirements are met, it is considered that the offense has been committed. crime of kidnapping and the person or persons responsible may face serious criminal consequences, including prison terms of up to 15 years.
crime of kidnapping
It is important to highlight that the crime of kidnapping It is considered very serious in Spanish criminal law and is harshly punished. Therefore, it is essential to avoid participating in these types of illegal actions and report them to the competent authorities if you become aware of them.
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In Spanish criminal law, there are two crimes related to the deprivation of liberty of a person: kidnapping and illegal arrest. Although both crimes have similarities, there are some important differences between them.
The crime of kidnapping is typified in article 178 of the Spanish Criminal Code and is defined as the action of retaining a person against their will for illegal purposes. In order for it to be considered a kidnapping, it is necessary that the retention be carried out by one or more people and that the person retained is found against their will.
Crime of illegal detention
On the other hand, the crime of illegal detention is typified in the Article 173 of the Spanish Penal Code and refers to the action of retaining a person without legal justification. In this case, it is not necessary that the withholding be carried out by one or more people, but it is necessary that the person withheld is against their will.
In short, the main difference between the crime of kidnapping and the offense of unlawful detention is the purpose of the hold. In the case of kidnapping, the retention must be carried out for illicit purposes, while in the case of illegal detention, the retention must be carried out without legal justification. Both offenses are considered serious under Spanish criminal law and can be prosecuted and punished by the competent authorities.
In both cases, they are considered very serious crimes, which must be placed in the hands of The best criminal lawyers in Spain, specialists in kidnapping crimes, to give you the best solution to the case.