COACTIONS

The crime of coercion, which protects the freedom to act, is regulated in art. 172.1 of the Penal Code and punishes the person who, without being legitimately authorized, prevents another by violence from doing what the law does not prohibit, or forces him to do something he does not want to do, whether just or unjust. The penalty associated with this crime is imprisonment of 6 months to 3 years or a fine of 12 to 24 months.

Although the law requires the perpetrator to use violence, understood as physical force, the Courts interpret the concept of violence much more broadly, including cases of intimidation or use of force on things. In this sense, the Supreme Court has considered that the conduct consisting of exhibiting a knife to a person to obtain the return of a stolen object is a conduct constituting a crime of coercion (STS no. 632/2013).

Article 172 of the Penal Code provides for two aggravated modalities, which entail the imposition of the penalty in its upper half, when the purpose of the coercion is to prevent the exercise of a fundamental right or the legitimate enjoyment of the dwelling.

Minor coercion

Finally, art. 172.3 of the Penal Code punishes any other coercion of a minor nature, with a fine of 1 to 3 months, which can only be prosecuted upon complaint by the victim or his or her legal representative. However, if the victim is an ascendant, descendant or sibling of the perpetrator or his spouse, a person integrated in the nucleus of family coexistence, or a person who due to his vulnerability is subject to custody or guardianship in a center, the penalty will be permanent localization from 5 to 30 days (in a different domicile and far from that of the victim), or community service from 5 to 30 days, or a fine from 1 to 4 months. In these cases, the victim’s complaint is not required for the prosecution of the crime.

In addition, section 2 of art. 172 of the Penal Code provides for a heavier penalty for minor coercion perpetrated against a person who is or has been the wife of the perpetrator, or a woman linked to him by an analogous relationship of affection, or a particularly vulnerable person who lives with him. In this case, the applicable penalty is imprisonment from 6 months to 1 year or community service from 31 to 80 days and, in any case, deprivation of the right to possess and carry weapons from 1 year and 1 day to 3 years. Likewise, the Judge can impose the penalty of special disqualification for the exercise of parental authority, guardianship, curatorship, custody or foster care for up to 5 years.

The penalty indicated in the preceding paragraph is imposed in its upper half if the crime is committed in the presence of minors, in the common domicile or in that of the victim or in breach of a penalty or precautionary or security measure prohibiting approach or communication with the victim.

Specific modalities

Article 172 bis of the Penal Code regulates a specific type of coercion, which consists of forcing someone to marry using serious intimidation or violence, which is punishable by a prison sentence of 6 months to 3 years and 6 months or a fine of 12 to 24 months. The same penalty is imposed on anyone who, for the purpose of committing the above acts, uses violence, serious intimidation or deception to force another to leave Spanish territory or not to return to it. If the victim is a minor, the penalties are imposed in the upper half.