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On coercion

Specialist Lawyers in Coercion in Spain

Spanish Criminal Code

On coercion


 

Article 172

 
1. Whoever, without being lawfully authorised, were to use violence to prevent another from doing something the law does not prohibit, or who forces him to do something he does not want to do, whether just or unjust, shall be punished with a sentence of imprisonment of six months to three years or with a fine of twelve to twenty- four months, in view of the severity of the coercion or the means used.

When the object of the coercion exercised is to prevent someone from exercising a fundamental right, the penalties shall be imposed in the upper half, except if a higher punishment is set for the offence under another provision of this Code.

The penalties shall also be imposed in the upper half when the coercion perpetrated is intended to prevent someone from lawfully enjoying his dwelling.

2. Whoever lightly coerces his wife or former wife or woman to whom he is or has been bound by a similar emotional relation, even without cohabitation, shall be punished with a sentence of imprisonment of six months to one year or of community service of thirty- one to eighty days and, in all cases, deprivation of the right to own and carry weapons from a year and a day to three years, as well as, when the Judge or Court of Law sees it fit in the interest of the minor or incapacitated person, special barring from exercise of parental rights, guardianship, care, safekeeping or fostership up to five years.

The same punishment shall be imposed on whoever slightly coerces an especially vulnerable person who lives with the offender.

The punishment shall be imposed in the upper half when the offence is committed in the presence of minors, or when it takes place in the common dwelling or in the dwelling of the victim, or is perpetrated in breach of a punishment of those set forth in Article 48 of this Code or an precautionary or security measure of the same kind.

Notwithstanding what is set forth in the preceding Sections, the Judge or Court of Law may, giving the reasons in the judgement, in view of the offender’s personal circumstances and those arising in perpetrating the act, hand down a punishment one degree lower.
 
Specialist Lawyers in Coercion


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