Coercion Offenses

The coercion offense protects the freedom to act and is regulated under Article 172.1 of the Spanish Penal Code. This offense punishes anyone who, without lawful authorization, prevents another person, by means of violence, from doing something that the law does not prohibit, or forces them to do something against their will, whether just or unjust. The penalty for this offense is imprisonment from 6 months to 3 years or a fine of 12 to 24 months.

Types and Aggravating Circumstances of the Coercion Offense

The Penal Code, in Article 172, includes different types of coercion offenses that determine the severity of the conduct and the applicable penalties.

Aggravated Coercion

Aggravated coercion refers to cases where the perpetrator seeks to prevent the exercise of a fundamental right or the legitimate enjoyment of the victim’s home. For example, forcing someone not to enter or remain in their home, or preventing them from exercising their constitutional rights.

In these cases, the penalty is imposed in the upper half of the penalty range, meaning a significant increase in the duration of imprisonment or the amount of the fine. This increase reflects the serious nature and impact of these actions on basic rights protected by law.

Minor Coercion

Article 172 also regulates minor coercion, which covers behaviors that do not reach the level of serious violence or intimidation but still affect the victim’s freedom. These behaviors are punished with lighter penalties.

However, special attention is paid when the victim is vulnerable or has a close relationship with the perpetrator, such as family members (ascendants, descendants, siblings, spouses) or persons under their custody or care (minors, persons with disabilities, etc.).

In these cases, the law provides additional protective measures, even without a prior complaint, which may include:

• Permanent residence restriction of the perpetrator at a different residence than the victim’s, for a period of 5 to 30 days.

• Community service.

• Higher fines than those for ordinary minor coercion.

Furthermore, if minor coercion is committed against a current or former spouse, common-law partner, or a particularly vulnerable person living with the perpetrator, penalties increase and may include:

• Deprivation of the right to possess and carry weapons.

• Special disqualification from exercising parental authority or guardianship.

Applicable Penalties for the Coercion Offense

The coercion offense carries different penalties depending on the severity and type of conduct, aiming to punish unlawful restrictions on freedom and protect fundamental rights.

Penalties for Simple Coercion

• Imprisonment from 6 months to 3 years.

• Fine of 12 to 24 months.

The choice between imprisonment or a fine depends on judicial assessment considering the case’s circumstances.

Penalties for Aggravated Coercion

When coercion aims to prevent the exercise of a fundamental right or the legitimate enjoyment of a home, penalties are imposed in the upper half of the range:

• Imprisonment from 1 year and 3 months up to 3 years.

• Proportionally higher fines.

This reflects the greater severity and direct impact on constitutionally protected rights.

Penalties for Minor Coercion

• Fine of 1 to 3 months for ordinary minor coercion, which requires a prior complaint.

When the victim is vulnerable or a close family member, penalties can be more severe and do not require a prior complaint:

• Permanent residence restriction of the accused at a residence different from the victim’s, between 5 and 30 days.

• Community service from 5 to 30 days.

• Fine of 1 to 4 months.

Additional Penalties in Special Cases

When minor coercion is committed against a spouse, common-law partner, or vulnerable persons living with the perpetrator, penalties may include:

• Imprisonment from 6 months to 1 year.

• Community service from 31 to 80 days.

• Deprivation of the right to possess and carry weapons for 1 year and 1 day to 3 years.

• Special disqualification from exercising parental authority, guardianship, or custody for up to 5 years.

Additionally, if the offense is committed in the presence of minors, in the common residence, or violating precautionary measures, penalties increase to the upper half of the range.

Specialized Legal Defense in Coercion Offenses

At Cristina Nieto Enríquez Criminal Lawyers, we have a specialized team both in defense and private prosecution of coercion offenses, recognized for excellence and commitment to protecting our clients’ rights.

Our firm has been distinguished in the prestigious international directory BEST LAWYERS as one of the Best Criminal Lawyers in Spain. This recognition endorses our extensive experience and dedication to providing our clients with strong, professional, and effective legal representation.