Índice
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 relatives 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 it before a judge.
What is a threat?
The threat is a process of nature or caused by human beings 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 the industrial, personal and technological ones which constitute a crime according to the legal system.
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For the threat to be considered a crime, the person who makes it must carry out a series of actions that make up a crime. This can be through expressions or actions where the intention to cause harm is expressed.
Which means that a crime is not only committed by threatening, the action that is going to be carried out to cause damage is required to be classified as a crime.
What is the crime of threat?
This crime is regulated from articles 169 to 171 of the Penal Code, which defines it as a warning or announcement. Which one person does to another to cause harm to him, his family, people with whom he is related or his property.
The threat Its objective is to put pressure on the victim, with the intention of causing fear or taking away their peace of mind. The sanctions that apply to those who commit the crime of threat are established in the Penal Code.
The crimes of threats 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.
Threat Crime Types
The different types of crime of threats are established in the Penal Code. It classifies whether or not they are conditional and those that are related to the commission of a crime.
aggravated modality
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 one, the inhabitants of a population or any other group of people. Also when addressing an ethnic, cultural or religious group.
In order 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 the slight 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 complaint.
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 the cases that it is done in a fight and is threatened with weapons or any dangerous object.
gender violence
This type of threat is made against anyone who lives with you or who is or has been your wife or wife. Gender violence is established in article 171.4 of the Penal Code, the penalty established for gender violence threat is the next:
Imprisonment from six months to a year.
Works for the welfare of the community from 31 to 80 days
Deprivation of the right to possess and carry weapons from one to 3 years.
The court or judge may consider disqualification to exercise parental authority, foster care, guardianship, conservatorship or guardianship and custody necessary. This sanction will be applied for a maximum period of 5 years.
domestic violence
Article 171.5 of the Penal Code establishes different types domestic violence, among them are the following:
The threat against a particularly vulnerable person by someone who lives with him, a punishment is imposed. 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 as follows:
Imprisonment between three months and a year.
Jobs to collaborate with the community from 31 to 80 days
Deprivation of the right to possess and carry weapons from one to 3 years.
The court or judge may issue custody to exercise parental authority, foster care, guardianship, conservatorship or guardianship and custody. This sanction will be applied for a maximum period of six months to three years.
Offense 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 conditions will depend on whether or not the objective is achieved.
The penalty may be greater in the event that the threat is made by means of a letter, telephone or by any other means of communication.
The crimes of threats Probations 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.
Offense unconditional threats
When the threat is made, no 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 the following:
Reveal the commission of crimes
The form of blackmail occurs when the threat consists to denounce or reveal the commission of some type of crime. The threatened action must be related to revealing a fact that affects the family relations or private life of the threatened party.
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 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, may affect the prestige or interests of the person.
Blackmail of this type is regulated in article 171.2 of the Penal Code. The penalty established for this crime for when what is 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.
