He crime coercion is one that threatens individual freedom through the violence of a person. This occurs when a person is prevented from doing something they don't want to do because they feel it is unfair.
He crime coercion It is understood as the use of force to force someone against their willpower. From a legal perspective, it is justified as the use of violence or intimidation, with intent to gain.
This is one of the crimes that goes against the freedom of people and entails a penalty.
Types of coercion crime in the Spanish penal code
In this area the subject asset uses violence to force the passive subject.
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The subject passive will be the one who does something that is against his willpower. It is possible to prevent something that is not prohibited by law, according to article 172.
the good legal that is protected is the violation of the freedom of acting of the individual. Where the culprit of the violation can have different purposes.
What is prevented is law does not prohibit, this involves an action that is considered fair or unfair. Where the violence that is exercised can be physical or through intimidation.
It is applied as a crime intentional when the action has the intensity to cause intentional damage. In this situation, a force is applied that bends the willpower someone else and this is the intention of the perpetrator.
He victimizer tries to subject the victim to their own criteria against their will. These acts of crime coercion relapse in penalties according to the Spanish penal code.
Article 172 stipulates that the victimizer who coerces another with violence. The cause of this will have a penalty of six months to three years of prison.
The penalty fee that will be applied will be from 12 to 24 months according to the severity of the coercion. The media employees to exercise physical or psychological violence are also considered.
Aggravated duress in the penal code
This type of coercion has the objective of preventing the exercise of a fundamental right. In these cases, the penalty is imposed in its upper half, depending on the cause of the intimidation.
This supposed act that they will apply when the coercion that is exercised is less than a penalty in another precept of the code. It is considered the coercion exercised for the impediment of the enjoyment of the dwelling.
Crime of light coercion in the penal code
To differentiate between the types of crime they are valued according to the minor nature of the fact. As this penal code has been applied since 2015, it does not yet exist unanimity.
It is usually understood violence used, the attitude of the subject active and that gravity that composes the prevented action. It is determined as a minor crime because it fits into the subjective type to measure the seriousness of the coercion.
It is necessary the complaint by the victim to prosecute the crime duress. The penal code states that anyone who causes a coercion minor will be punished with a fine of 1 to 3 months.
Is mandatory that the complaint be made by the person wronged or in case of having a legal representative.
Crime of coercion in domestic and gender violence
In article 172.2 of the Code Penal slight actions are developed that influence the domestic violence and gender. In this aspect, the coercion is carried out on the wife who is linked to the person by a relationship of affectivity.
It does not matter that there is no coexistence, he will be sentenced to a grief imprisonment from six months to one year. The penalty can be changed by jobs for the benefit of the community that have been determined agent 31 days to 80.
The deprivation of the law where the carrying of weapons for 1 to 3 years depending on the judge. These cases are taken when it is in the interest of a minor or a person disabled.
The grief will be imposed so raised the person who performed the crime duress especially if you are a vulnerable person. This stipulates the loss of parental authority of the victim.
The aggravation of the crime duress In the case of domestic violence, it will be applied according to assumptions. Where the penalty will be imposed in its upper half.
It is supposed to apply when the offense is committed in presence of minors. Added to the perpetration through the use of weapons.
In case the guilty under the penalty of article 48 or the precautionary measure. The last of these requirements is that the crime is committed in the home common or that of the victim.
He judge In these cases, it has a rule for the attenuation of the penalty due to the optional nature. This supposes the reduction of the sentence before the justification of reason in the sentence.
The action of harassment as a crime of coercion
Article 172 of the Code Penal establishes the execution of cases that consist of harassment. He harassment It can end in harassment and coercion towards the victim, which can cause a serious damage in their life.
This type of crimes can only be prosecuted before the complaint by the aggrieved. It must encompass certain actions carried out by the harasser.
In the event that the perpetrator carries out the persecution, surveillance or physical proximity of the victim. When it comes to establishing contact with the victim through some means of communication.
It is applied to the improper use of personal data to carry out the contracting of services. Situations that threaten the freedom of the victim or against his heritage.
He code penal establishes a prison sentence of three months to 2 years. The fine will be from 6 to 24 months depending on the insistent and repeated harassment by the victimizer.
if the victim If considered as a vulnerable person, the prison sentence will be from 6 months to 2 years. In these cases it is possible to work for the benefit of the community, this holds in 60 to 120 days.