The coercion It is a well known crime. This is based on the use of force to gain control over a person and prevent them from doing what they want.
In this article we will leave you all the details you should know in order to learn more about the coercion as a crime in criminal law, we invite you to read until the end.
What is coercion?
The crime of coercion either coercion It is a crime against personal liberty that involves the use of force to prevent a person from doing something not prohibited by law.
Like to force her to do something she doesn't want, be it fair or unfair. The basic type of rape.
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The coercion is a crime against individual liberties that involves the use of violence to force taxpayers to do something against their will or to prevent them from doing something not prohibited by law.
It is governed by article 172 of the Penal Code. This type of crime protects violations of individual liberties that are not expressly provided for in other provisions of the Penal Code.
Legal assets are protected as the individual right to freedom of action.
The goal of a criminal can have two purposes: to prevent what is not prohibited by law or to perform an undesirable act, whether right or wrong.
Besides, violence against the victim can be physical, coercive (intimidation) or involve force. It's a intentional crime, the work must be intense enough to achieve the desired result.
That is, force or violence must discourage the will of another person, but it must be the intention of the offender, expressing the intention to modify it according to his own criteria.
If the intention of the obligation is to prevent the victim from exercising basic rights, the sentence will be issued in the upper half of it.
The same is true if the threat is to prevent a legitimate interest in the home. Without embargo, this provision will only apply if there is no other specific type of crime.
For example, the right to freedom of movement or the right to strike or the violation of coercion.
The crime of coercion and criminal law
The absence of forced acts was replaced by the crime of coercion in the revision of the Penal Code of 2015.
To distinguish the crime of rape from the basic type, the soft nature of the act must be assessed.
However, there is no consensus on the doctrine or jurisprudence on the interpretation of this term.
Therefore, it is necessary to take into account the essence of the violence used, the person's attitude towards work, the severity of the obstructive or coercive act and all competitive situations.
It will be necessary to present a complaint to prosecute this crime. However, it will not take effect if the person is victim of domestic violence, of forced domestic violence and gender violence.
Article 172.2 clearly defines the moderate coercive measures that affect domestic and gender violence. In any case, if it is a serious limitation, it will be covered by Section 172.1.
Increase or toggle the penalty
Coercion in cases of domestic or gender-based violence is considered more severe if certain conditions are met.
Therefore, the penalty will be applied in the upper half in the following cases:
When the crime was committed in the presence of a minor. If the crime was committed with a weapon. If the offender infringes any of the penalties of article 48 or the precautionary measure.
When the crime is committed in a residence or common place of residence of the victim. Specific types of binding
The Penal Code specifically provides for forced marriage and departure or non-return to Spanish territory. Likewise, it also creates a form of exacerbation when the victim is a minor.
Harassment is like coercion
If the execution includes bullying or bullying, violation is punishable under Section 172 III. Harassment includes repeated harassment, arrest, or embarrassment that can have a serious impact on the victim's daily life.