The law states that the crime threats is the one in which one threatens to cause harm to the victim. These threats may involve the main victim, the family or other related persons intimately.
A particular aspect of crime threats it is that not always when a threat is made, 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 crimes more subjective.
The crime of threats in the Spanish penal code
The action of the threat It can change its connotation between people. It is an important requirement to have evidence reliable of the events that occurred for the judge to clarify the case.
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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 is supposed to perform causing the damage to the other person.
The realization of this action with which the threat is framed, is considered a crime. will commit the 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 the crime threats it is when the promise to kill is spoken of.
Types of threats found in the Spanish penal code
Determination of threats of wrong constituting a crime in the penal code
He code penal punishes one who threatens another to cause an evil that constitutes a crime. 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 culprit 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 consist of 6 months to 2 years. These elements are determined in article 169 of the Code Penal Spanish.
In the event that the threats of a constitutive evil is a crime directed against a group in Spain
These are considered as aggravated modalities that are divided into two different types according to the code penal.
Threats that are directed to intimidate a particular group
When the threats constitute a crime that is aimed at frightening the inhabitants of a population, will be punished. The population may 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.
Faced with the situation that the options of threats have been carried out by terrorist organizations has certain items. Where the penalty will be punishable between six months to two years in prison, depending on the purpose.
The process of punishment Criminal law in these cases is quite specific in terms of the acts of preparation. It is considered from the diffusion public of the message that intends to threaten with the crime of terrorism.
Threats that are considered conditional of non-constitutive wrong in the crime
He code penal of Spain establishes that threats of an evil that do not constitute crime. The requirement that must be considered is that it be conditional and that does not consist of proper conduct.
It is determined by the evil that understands that the illegal act contrary to what is established in the law. The areas of right Specifically, they will be administrative, labor or civil.
Given the circumstances, the penalty of this crime threats It will depend on whether the culprit manages to achieve the purpose. 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 of the circumstances threats Conditional will depend on having achieved the purpose. When the author of the threat achieves his objective, the penalty will be the upper half.
The crime threats of blackmail in the Spanish penal code
In this type of crime there are two modalities that are differences in the penal code.
The basic type will be one that 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 depends even more on whether such information may affect the fame, credit or interest of the victim. The reward is not necessarily classified as cash compensation.
He method for payment may involve receiving privileges that are lucrative to the threat actor. The years foreseen in the jail They are from 2 to 4, depending on whether you achieved full or partial delivery.
In case the threatening did not achieve what was required, the penalty will be from 4 months to 2 years in prison.
It is also evaluated the revelation of committing 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 offense committed in the private life of the threatened party is penalized. In this grief the Ministry Fiscal You can refrain from accusing and the judge has the possibility of lowering the sentence.
Mild threats in crime
In this section it is also necessary to distinguish the modalities. The crime of light 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 the community with a minimum of 31 days.
The violence domestic It will be punished when the vulnerable person lives with the author. If he makes threats with a weapon dangerous the penalty can be from 3 months to 1 year.