The law states that the crime threats It is one in which there is a threat to cause harm to the victim. These threats may involve the main victim, family or other related people. intimately.
A particular aspect of crime threats is that not every time a threat is committed, a crime will be committed. He code penal of Spain specifies those elements that must be met for it to be a crime or not.
the same code penal states that this is one of the most subjective crimes.
The crime threats in the Spanish penal code
The action of the threat It can change its connotation among people. It is an important requirement to have proof reliable of the events that occurred so that the judge can clarify the case.
Are you looking for a lawyer specializing in Criminal Law?
We help you find a criminal lawyer.
We have a wide network of collaborating lawyers.
The use of documents, witnesses or recordings that expose the circumstances that produced the threats. The law establishes certain requirements that make up the fact of the threat as a crime.
The realization of the action of the threat itself. This will be accompanied by the action it involves performing causing the damage to the other person.
The realization of this action with which the threat is framed, is what is considered a crime. will be committed crime threats when the threat constitutes a crime of homicide, injury, abortion, etc.
The threat falls directly on the deprivation of liberty, torture, moral integrity and property. An example of crime threats is when the promise to kill is talked about.
Types of threats found in the Spanish penal code
Determination of threats of evil constituting a crime in the penal code
He code penal punishes one who threatens another to cause harm that constitutes a crime. The evil can affect the family or other people who are linked to it.
The law establishes that the penalty will vary depending on the conditions of the threat. It will be considered for another type of imposition if the guilty party achieved the purpose of the threat.
When the subject gets the purpose The prison sentence ranges from one year to 5 years. If the subject does not get the purpose, the prison sentence will fall from 6 months to 3 years.
If the threat As such, it is not conditional, the prison sentence will range from 6 months to 2 years. These elements are determined in article 169 of the Code Penal Spanish.
In the event that threats of a constitutive evil are a crime directed against a group in Spain
These are considered aggravated modalities that are divided into two different types according to the code penal.
Threats that are directed to frighten a particular group
When the threats constitute a crime that is aimed at frightening the inhabitants of a town, it will be punished. The population It can be ethnic, cultural or professional, and the gravity of the threat is so high that it succeeds.
The sorrows which are considered as aggravated are higher than those provided for in article 169.
Given the situation that the options of threats have been taken by terrorist organizations has certain items. Where the penalty will be between six months to two years in prison, depending on the purpose.
The process of punishment criminal in these cases is quite specific regarding the preparatory acts. It is considered from the diffusion public of the message that has the intention of threatening with the crime of terrorism.
Threats that are considered conditional evils that do not constitute the crime
He code penal of Spain establishes that threats of an evil that does not constitute crime. The requirement that must be considered is that it be conditional and that it does not consist of proper conduct.
It is determined by the evil that understands that the illegal act is contrary to what is established in the law. The areas of right Specifically, they will be administrative, labor or civil.
Given the circumstance, the penalty of this crime threats It will depend on whether the culprit achieves his goal. He punishment It will be 3 months to a year in prison, or a fine of 6 to 24 months.
Before the gravity of the fact and the circumstances threats Conditional conditions will depend on having achieved the objective. When the author of the threat achieves his objective, the penalty will be half higher.
The crime of blackmail threats in the Spanish penal code
In this type of crimes there are two modalities that are differences in the criminal code.
The basic type will be that which punishes the demand for an amount under the threat of revealing certain facts. This means the diffusion of relevant aspects of private life that are not publicly known
He punishment It depends even more on whether that information could affect the fame, credit or interest of the victim. The reward is not necessarily classified as cash compensation.
He method Payment may involve receiving privileges that are lucrative to the person making the threat. The years planned in the jail They are from 2 to 4, depending on whether you achieved full or partial delivery.
In case the threatening If he did not obtain what was required, the penalty will be 4 months to 2 years in prison.
It also evaluates the revelation of the commission of crimes as a form of blackmail. This element consists of the threat to reveal the commission of a particular crime.
The action of relating the threat to an infraction committed in the private life of the threatened person is punished. In this sorrow Ministry Fiscal You can refrain from accusing and the judge has the possibility of lowering the sentence.
Mild threats in crime
In this section we must also distinguish the modalities. The crime of minor threats is established in the code penal under certain determinations.
In the violence gender the penalty is six months to one year in prison. It is possible to do work for the benefit of community with a minimum of 31 days.
The violence domestic It will be punished when the vulnerable person lives with the perpetrator. If you make threats with a weapon dangerous The sentence can be from 3 months to 1 year.