Article 171 of the Penal Code

  Penal Code

1. Threats of an evil that does not constitute a crime will be punished with a prison sentence of three months to one year or a fine of six to 24 months, taking into account the severity and circumstance of the act, when the threat is conditional and the condition does not consist of proper conduct. If the guilty party has achieved his goal, the upper half of the sentence will be imposed.

2. If anyone demands from another an amount or reward under the threat of revealing or disseminating facts regarding his or her private life or family relationships that are not publicly known and may affect his or her fame, credit or interest, he or she will be punished with imprisonment. from two to four years, if he has managed to deliver all or part of what was required, and from four months to two years, if he has not achieved it.

3. If the fact described in the previous section consists of a threat to reveal or report the commission of a crime, the prosecutor's office may, to facilitate the punishment of the threat, refrain from prosecuting the crime whose disclosure was threatened, unless This is punishable by a prison sentence of more than two years. In the latter case, the judge or court may reduce the sanction by one or two degrees.

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4. Anyone who lightly threatens whoever is or has been his wife, or woman who is or has been linked to him by a similar emotional relationship, even without cohabitation, will be punished with a prison sentence of six months to one year. or work for the benefit of the community from thirty-one to eighty days and, in any case, deprivation of the right to possess and carry weapons from one year and one day to three years, as well as, when the Judge or Court so requires. deems appropriate to the interest of the minor or person with disabilities in need of special protection, special disqualification for the exercise of parental authority, guardianship, curatorship, guardianship or foster care for up to five years.

The same penalty will be imposed on anyone who lightly threatens a particularly vulnerable person who lives with the perpetrator.

5. Anyone who lightly threatens any of the people referred to in article 173.2 with weapons or other dangerous instruments, except those contemplated in the previous section of this article, will be punished with a prison sentence of three months to one year or work for the benefit of the community for thirty-one to eighty days and, in any case, deprivation of the right to own and carry weapons for one to three years, as well as, when the Judge or Court deems it appropriate to the interest of the minor or person with a disability in need of special protection, special disqualification for the exercise of parental authority, guardianship, conservatorship, custody or foster care for a period of six months to three years.

The penalties provided for in sections 4 and 5, in their upper half, will be imposed when the crime is perpetrated in the presence of minors, or takes place in the common home or in the home of the victim, or is carried out in violation of one of the penalties contemplated. in it article 48 of this Code or a precautionary or security measure of the same nature.

6. Notwithstanding the provisions of sections 4 and 5, the Judge or Court, reasoning in a sentence, taking into account the personal circumstances of the perpetrator and those concurrent in the commission of the act, may impose a lower sentence in degree.

7. Outside of the previous cases, anyone who lightly threatens another will be punished with a fine of one to three months. This fact will only be pursued through complaint of the aggrieved person or his legal representative.

When the offended party is one of the persons referred to in section 2 of the article 173, the penalty will be permanent location from five to thirty days, always at a different address and away from the victim, or work for the benefit of the community from five to thirty days, or a fine of one to four months, the latter only in the cases in which the circumstances expressed in section 2 of the article 84. In these cases, the complaint referred to in the preceding paragraph will not be enforceable.

art 171 cp

Article 171 of the Penal Code Spanish refers to the penalties with which the crime of threats in specific cases, such as disclosure of private facts or threats to former spouses.