Crime of threats, what is the threat and its types

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By Drafting

The crime of threats It is committed when the intention to cause harm is announced or notified. This is an action that harms or endangers the life of a person, their family or property. 

The regulation, conditions, definition and requirements of this crime are established in the Penal Code. This is a type of subjective crime which requires conclusive evidence to present before a Judge. 

Crime of threats, what is the threat and its types
Crime of threats, what is the threat and its types

What is a threat?

The threat is a process of nature or caused by humans that can endanger a person, a group of people, their property and their environment. There are different types of threats, some are caused by humans and some are caused by nature. 

Among the threats caused by nature are earthquakes, earthquakes, droughts, volcanic eruptions. Between the caused by humans There are industrial, personal and technological ones which constitute a crime according to the legal system.

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In order for the threat to be considered a crime, the person who makes it must carry out a series of actions that constitute a crime. This can be through expressions or actions where the intention to cause harm is expressed.

Which means that not only by threatening a crime is committed, the action that is going to be carried out to cause harm is required to be classified as a crime.

What is the crime of threat?

This crime is regulated by articles 169 to 171 of the Penal Code, which defines it as a warning or announcement. Which a person does to another to cause harm to him, his family, people with whom he is related or to his property. 

The threat Its objective is to exert pressure on the victim, with the intention of causing fear or taking away their peace of mind. The sanctions that apply to whoever commits the crime of threat are established in the Penal Code. 

The threats crimes that can be committed are against sexual freedom, property, honor, freedom, injuries, torture, homicide. It can also against moral integrity, privacy, abortion and socioeconomic order. 

Types of threats crime

The different types of threats crime are established in the Penal Code. It is classified by whether or not they are conditional and those that are related to the commission of a crime. 

Aggravated mode

These types of threats are established in the article 170 of the Penal Code, among them is: 

Threat against a group

The threat of this type is when they are directed against a group such as a professional or social group, the inhabitants of a town or any other group of people. Also when it is directed at an ethnic, cultural or religious group. 

For the threat against a group to be considered a crime, the person carrying out the action must have sufficient authority to provoke fear.

Modality of minor crime

When the threat does not fit any of the assumptions established in the law, it is considered a crime. This type of threat is only punished when the victim makes a report.

For this crime the penalty established in the article 171.7 of the Penal Code. Which consists of a fine between one and three months, in cases where it takes place in a fight and there is a threat with weapons or any dangerous object. 

Gender violence

This type of threat is made against someone who lives with you or who is or has been your wife. Gender violence is established in article 171.4 of the Penal Code, the penalty established for threat of gender violence is the next: 

Prison from six months to one year.

Work for the well-being of the community from 31 to 80 days 

Deprivation of the right to own and carry weapons from one to 3 years.

The court or judge may consider disqualification necessary to exercise parental authority, foster care, guardianship, conservatorship or custody. This sanction will be applied for a maximum period of 5 years.

Domestic violence

Article 171.5 of the Penal Code establishes different types of domestic violence, among them are the following:

A threat against a particularly vulnerable person by someone who lives with him will result in a punishment. The same will be the one imposed for gender violence.

The threat with weapons or any other dangerous instrument towards the people with whom they live. The penalty established for these cases is the following: 

Imprisonment between three months and one year.

Jobs to collaborate with the community from 31 to 80 days 

Deprivation of the right to own and carry weapons from one to 3 years.

The court or judge can issue a deprivation of liberty to exercise parental authority, foster care, guardianship, curatorship or custody. This sanction will be applied for a maximum period of six months to three years.

Crime Conditional Threats

This crime is committed when any type of condition is imposed or the delivery of an amount is required. The penalty for him crime of threats conditionals will depend on whether or not the objective is achieved. 

The penalty may be greater if the threat is made by letter, telephone or any other means of communication.

The threats crimes conditions that are not considered a crime will be punished. The penalty applied in these cases is imprisonment ranging from three months to one year or a fine of six to twenty-four months. When the threat achieves its objective, the penalty imposed is the upper half.

Crime non-conditional threats

When the threat is made, no type of condition is imposed to avoid harm, but the emotional tranquility of the victim is affected. For this reason a lesser penalty is imposed.

Crime of threat with blackmail

This type of crime can be committed in two ways, which are as follows: 

Reveal the commission of crimes

The type of blackmail occurs when the threat consists in denouncing or revealing the commission of some type of crime. The threatened action must be related to revealing a fact that affects the family relationships or private life of the threatened person.

For this type of threat, article 171.3 of the Penal Code establishes that the penalty for threatening to reveal a crime may be light. 

Basic type blackmail

In this type of blackmail, a reward is demanded for not reveal some fact of a person's family or private life. Which are facts that, when known, can affect the prestige or interests of the person.

Blackmail of this type is regulated in the article 171.2 of the Penal Code. The penalty established for this crime for when the required is achieved is imprisonment of two to four years. When what is required is not achieved, the penalty will be imprisonment from four months to two years.

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