THREATS OFFENSES

At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona, we have extensive experience in defending and prosecuting threats cases.

Our team of criminal lawyers in Madrid offers specialized legal advice to protect the rights of victims or individuals accused of this type of conduct, which is criminalized under the Spanish Criminal Code.

What is the threat offense under the Criminal Code?

The crime of threats, regulated under Articles 169 to 171 of the Criminal Code, is characterized by the announcement of a serious harm towards another person. There is no need for an explicit verbal threat (“I’m going to kill you”); it is enough if the harm can be inferred from the behavior of the perpetrator. For example, the Supreme Court has considered placing a box resembling a coffin at the victim’s door to be a threat.

Requirements for a threat offense

For behavior to be considered a threat offense, certain legal and jurisprudential requirements must be met:

• There must be an announcement of future harm that is unjust and possible.

• The harm must depend solely on the perpetrator’s will.

• The victim must experience intimidation and disturbance to their peace of mind.

• The announcement must have a serious and realistic appearance, capable of causing social alarm.

These requirements distinguish punishable behaviors from mere arguments or expressions with no legal significance.

Types of threats in the Criminal Code

The Criminal Code defines different types of threats depending on the severity and circumstances:

• Conditional threats: When the harm announced is contingent upon a condition (e.g., demanding money in exchange for not causing harm).

• Unconditional threats: When harm is announced with no conditions.

• Criminal threats: When the harm announced is a serious crime (e.g., homicide, assault, sexual freedom violations, property crimes, etc.).

• Non-criminal threats: Regulated under Article 171 of the Criminal Code, punishable if conditional.

• Blackmail: A special form regulated under Article 171.2 of the Criminal Code, where a reward is demanded under the threat of disclosing private facts.

• Mild threats: Defined under Article 171.7 of the Criminal Code, punishable with a fine or community service, with aggravating circumstances in family contexts or cases of special vulnerability.

Penalties for threats offenses

The penalty for a threats offense depends on the type:

• Conditional threats: 1 to 5 years in prison if the condition is met; 6 months to 3 years if not met.

• Unconditional threats: 6 months to 2 years in prison.

• Collective or terrorist threats (Article 170 CP): A higher penalty.

• Non-criminal threats (Article 171 CP): 3 months to 1 year in prison or a fine of 6 to 24 months.

• Blackmail: 2 to 4 years in prison if the demand is met; 4 months to 2 years if not.

• Mild threats: 1 to 3 months in fines, with aggravating circumstances if directed at family members or involving weapons.

Defense in threats cases

Facing a criminal trial for a threats offense requires specialized technical defense.

At Nieto Enríquez Criminal Lawyers:

• We advise victims on how to report the crime and request immediate protection measures.

• We defend the accused by analyzing evidence, intent, and the context of the events.

• We design personalized legal strategies to reduce or avoid penalties.