Article 173 of the Penal Code

  Penal Code

1. Anyone who inflicts degrading treatment on another person, seriously undermining their moral integrity, will be punished with a prison sentence of six months to two years.

The same penalty will be punished for those who, in the context of any employment or official relationship and taking advantage of their relationship of superiority, repeatedly carry out hostile or humiliating acts against another that, without amounting to degrading treatment, involve serious harassment against the victim.

The same penalty will also be imposed on anyone who repeatedly carries out hostile or humiliating acts that, without amounting to degrading treatment, are intended to prevent the legitimate enjoyment of the home.

2. Anyone who habitually exercises physical or mental violence on whoever is or has been his or her spouse or on a person who is or has been linked to him or her by a similar emotional relationship even without cohabitation, or on descendants, ascendants or siblings by nature, adoption or affinity, his own or that of the spouse or cohabitant, or on minors or people with disabilities in need of special protection who live with him or who are subject to power, guardianship, conservatorship, foster care or de facto custody of the spouse or cohabitant, or over a person protected in any other relationship by which they are integrated into the core of their family coexistence, as well as over people who, due to their special vulnerability, are subject to custody or stored in public or private centers, will be punished with a prison sentence of six months to three years, deprivation of the right to possess and carry weapons for three to five years and, where appropriate, 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, curatorship, custody or foster care for a period of one to five years, without damage of the penalties that may correspond to the crimes in which the acts of physical or psychological violence have taken place.

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The sentences will be imposed in their upper half when one or some of the acts of violence are perpetrated in the presence of minors, or using weapons, or take place in the common home or in the home of the victim, or are carried out in violation of a sentence of those contemplated in the article 48 or a precautionary or security measure or prohibition of the same nature.

In the cases referred to in this section, a measure of supervised release may also be imposed.

3. To appreciate the habituality referred to in the previous section, attention will be paid to the number of acts of violence that are proven, as well as their temporal proximity, regardless of whether said violence has been exerted on the same person or different ones. victims of those included in this article, and whether or not the violent acts have been the subject of prosecution in previous proceedings.

4. Whoever causes insult or unjust humiliation of a minor nature, when the offended party is one of the people referred to in section 2 of article 173, will be punished with the penalty of permanent location of five to thirty days, always in a different address and far from that of the victim, or work for the benefit of the community of five to thirty days, or a fine of one to four months, the latter only in cases in which the circumstances expressed in section 2 of the article 84.

Insults will only be prosecuted by complaint of the aggrieved person or his legal representative.

art 173 cp

Article 173 of Penal Code, which is part of the chapter on torture and other crimes against moral integrity, regulates the actions constituting crimes of degrading treatment (173.1), Workplace Harassment (173.1), real estate harassment (173.1), unjust humiliation (173.2) and domestic violence (173.2).

As a general rule, acts that seriously undermine moral integrity in any area (including the workplace) are punished with a prison sentence of 6 months to 2 years.

With all this, what this precept states is that the physical and moral integrity of a person cannot be attacked. Degradingly treating or verbally attacking another in a constant and harmful way is considered a crime, because such conduct does not allow the correct enjoyment of the right enshrined in article 15 of the Spanish Constitution: