Article 172 of the Penal Code

  Penal Code

1. Whoever, without being legitimately authorized, violently prevents another from doing what the law does not prohibit, or compels him to do what he does not want, be it fair or unfair, will be punished with imprisonment from six months to three months. years or with a fine of 12 to 24 months, depending on the seriousness of the coercion or the means used.

When the coercion exercised was to prevent the exercise of a fundamental right, the penalties will be imposed in their upper half, unless the act had a greater penalty indicated in another precept of this Code.

Penalties will also be imposed in their upper half when the coercion exercised was intended to prevent the legitimate enjoyment of the home.

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2. Anyone who in a light way coerces whoever is or has been his wife, or a woman who is or has been linked to him by a similar affective relationship, even without cohabitation, will be punished with a prison sentence of six months to a year. 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 deems 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, curatorship, guardianship or foster care for up to five years.

The same penalty will be imposed on whoever coerces a particularly vulnerable person who lives with the perpetrator in a light way.

The penalty will be imposed in its upper half 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 a penalty of those contemplated in the article 48 of this Code or a precautionary or security measure of the same nature.

Notwithstanding the provisions of the preceding paragraphs, the Judge or Court, reasoning it in the sentence, in attention to the personal circumstances of the perpetrator and those concurrent in the accomplishment of the act, may impose a lower penalty in degree.

3. Apart from the above cases, anyone who causes a coercion of a mild nature to another will be punished with a fine of one to three months. This fact will only be prosecuted 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 172 cp

Article 172 of the Penal Code Spanish refers to the duress.

As a general rule, this crime Against the freedom of individuals is punishable by imprisonment from 6 months to 3 years or a fine of 12 to 24 months, depending on the severity of the coercion or the means used.

Article 172 of the Penal Code is found in the title dedicated to crimes against freedom: