Crime of coercion: What is the crime of coercion?

Using violence to prevent another person from doing something not prohibited by law or from doing something just or unjust against his or her will. This is how coercion is defined, a criminal offence under the Penal Code and an offence against individual freedom. Here we would like to talk to you in depth about it.

The different types of coercion

The crime of coercion, as mentioned above, involves the use of force and/or violence to make someone do something they do not want to do or to prevent them from carrying out a lawful action. However, within this framework, the Penal Code makes several distinctions. Let us look at them.

Crime of coercion: the basic type of offence

This is typified in Article 172 of the Penal Code and responds exactly to the definitions given in the previous paragraphs. Its aim is to protect violations of personal freedom that are not reflected in other sections of the text. Specifically, the legal right it deals with is that of the individual's freedom of action.
Furthermore, it should be pointed out that this is an intentional crime carried out by means of physical violence or intimidation. However, it must always be of sufficient intensity to achieve the desired result. In other words, the force or violence used must be sufficient to bend the will of the other person.
 

The crime of coercion: the minor offence

The minor type of the crime of coercion in the Criminal Code has been reflected in the reform carried out in 2015. The difference between the basic type and this one lies in the judge's assessment of the seriousness of the act. Unfortunately, after all these years, there is still no unanimity in terms of jurisprudence or doctrine on the differentiation.
Therefore, judges usually take into account the type of violence or force used to carry out the action, as well as the attitude shown by the active subject and the inherent seriousness of the action that has been forced or prevented from being carried out. The circumstances surrounding the act are also usually taken into account.
Filing a complaint for coercion is essential for the prosecution of this offence. The only exception is in cases of domestic violence. This is set out in Article 172.3 of the Penal Code. We will discuss this in more detail later on.

The offence of coercion: the aggravated offence

The aggravated type of coercion occurs when the coercion is aimed at preventing another person from exercising a fundamental right or from lawfully enjoying his or her home. However, it only applies if there is no more specific offence, for example, in relation to the right to strike.

Penalties for the offence of coercion

The Penal Code provides for prison sentences of between 3 months and 2 years for those who commit this offence, as well as fines of 6 to 24 months. The offence of minor coercion is punishable in the lower half of this range, while the aggravated type entails sentences in the upper half of this range.
However, what factors lead to the mitigation or aggravation of penalties for the crime of coercion? The Penal Code provides for these four aspects:

• If the offence is perpetrated using bladed weapons or firearms.
• If the offence is committed in the presence of minors.
• If the offence is committed in violation of a precautionary measure.
• If the offence is committed in the victim's home or in the common home.

Coercion and gender-based violence

As mentioned above, in the area of domestic violence, it is not necessary for the victim to file a complaint in order for the justice system to prosecute this type of crime. In this sense, Article 172.2 of the Penal Code focuses on minor coercion that may occur in a couple, leaving serious coercion to the provisions of Article 172.1.

In any case, coercion within the framework of gender violence has a special consideration. When it occurs as a minor offence, it carries a prison sentence of 6 to 12 months and community service of 31 to 80 days. In addition, if there are minor or disabled children, the perpetrator may be disqualified from having parental authority, guardianship, tutorship, custody or foster care for a maximum period of 5 years. It will also deprive him/her of the possibility of owning weapons for a period of 1 to 3 years.

Difference between threat and coercion

Many people confuse the two offences when, in fact, they are different. To determine whether threats and coercion are being committed, the following factors should be taken into account:

• The proximity of the announced evil. The coercions are imminent, while the threats are made without being correctly timed.
• The target and timing of the attack on individual freedom. Threats are directly related to the victim's will as they try to prevent him from doing something he wants to do. Coercion, on the other hand, can also lead to doing something that the victim does not really want to do.
• Form of execution. Threats are always associated with verbal violence. Coercion, on the other hand, involves the use of force or intimidation.

This is the difference between threats and coercion. In order to better understand the crime of coercion, it is also necessary to know what is said about intimidation in the Penal Code. Specifically, the Supreme Court has defined it as "the announcement of an immediate, personal, serious and possible harm that inspires or awakens in the victim a feeling of uneasiness, anguish or fear of possible imaginary or real harm".

Examples of coercion offences

There are many situations in which this type of offence can occur. For example, coercion would occur when a man threatens his partner that if he goes out with his girlfriends, he will beat her up. Or when an employer threatens a worker with dismissal if he does not work overtime without pay. What is evident in all cases is that, for the crime of coercion to occur, the victim must do what he or she did not want to do or not do what he or she did want to do. If either of these facts is not present, we are simply talking about the crime of threats.

We hope we have cleared up all your doubts about the crime of coercion in the Criminal Code.