The crime of threats, what is a threat and types of threats

The crime of threats, according to articles 169-171 of the Penal Code, is defined as any expression or action aimed at endangering or harming another person or their loved ones. This is more common than it seems and is reportable, although it is often not done. Here we would like to talk to you in depth about this figure.

Requirements for a threat to be considered a criminal offence

No, not all threats are crimes under the Penal Code. The nuances expressed in this legal text are subtle, but easy to understand through a simple example.

Imagine that an acquaintance of yours says "I'll break your legs". In that case, such an expression would be a criminal offence as the threat refers to another offence registered in the Penal Code (in this case, assault and battery). The same would apply to a crime of death threats, threats against sexual freedom, honour, property, privacy, moral integrity, socio-economic order or torture.

On the other hand, if this acquaintance of yours says "I'm never going to speak to you again", we could not talk about a crime, as not speaking to another person is not a criminal offence under the Criminal Code.

Therefore, the offence of threats in the Penal Code requires that the expression or action carried out by the perpetrator refers to another offence defined in the Penal Code. If this is not the case, we would not be talking about a punishable act.

Types of threats and penalties

There is no single offence of threats in the Penal Code. That is to say, between articles 169 and 171 there are different typologies that are associated with penalties of varying severity. Let us look at each case:

• Imposing conditions and demanding amounts (e.g. "I will kill you if you don't pay me what you owe me"). In this case, the penalty for verbal threats will depend on whether the perpetrator fulfils his objective or not. If so, the sentence will be between 1 and 5 years imprisonment. If not, between 6 months and 3 years imprisonment.
• Non-conditional (e.g. "I will kill you and your children"). That is, without the imposition of conditions referred to above. Therefore, it makes no difference whether there is compliance or not. In all cases, this offence carries prison sentences of between 6 months and 2 years.
• Directed at groups of persons and groups such as, for example, ethnic groups, the disabled, followers of a religion, etc. (e.g. "I will kill the first black person I meet"). The penalties are the same as above, but always go to the highest extreme.
• Publicly calling for terrorist acts (e.g. "ETA will kill the civil guards in the Basque Country"). In this case, we are also talking about prison sentences of between 6 months and 3 years.
• Evils that do not constitute a danger after an objective assessment of the facts ("I'm going to steal your mobile phone as soon as you are careless"). This type of action carries penalties of 3 months to one year or, failing that, a fine of 6 to 24 months. It should be remembered that, although the punishment may be financial in nature, this is not a threatening offence. On the other hand, in the event that the perpetrator achieves his purpose, the penalty will always be of a higher degree.
• Requesting rewards in exchange for not disseminating or publishing facts related to the victim's private life (e.g. "If you don't give me €1000 I will send a sex video of you to all your relatives via WhatsApp"). Here too, the Penal Code differentiates between whether the perpetrator fulfils his or her objective or not. In the first case, it provides for sentences of 2 to 4 years. If he fails to do so, he will be sentenced to 4 months to 2 years imprisonment.
• Reporting another offence (e.g. "I will go to the police and tell them that you defrauded the tax authorities"). This is a very curious type of offence that is considered a minor threatening offence. In this case, the prosecutor may rule that the victim should not be punished if the offence that could be charged carries a sentence of less than 2 years imprisonment.
• Minor threats to women or particularly vulnerable persons living with the perpetrator (e.g. "I will make your life miserable until you come back to me"). The judge will impose a prison sentence of 6 months to one year or, failing that, community service for a period of between 1 and 6 months. In addition, the perpetrator will be deprived of the right to keep and bear arms for between 1 and 3 years. Furthermore, in the event that they are directed at a minor or disabled cohabitant, the accused may be disqualified from exercising guardianship, curatorship, custody, foster care or parental authority for a maximum period of 5 years. Finally, if the expression or criminal action is committed in the victim's home or in the common home or if it is carried out in breach of a precautionary measure or penalty, the punishment will always be in the upper half of the range.
• Mild threatening by carrying dangerous instruments or weapons in cases of domestic violence (e.g. holding a knife in your hand while saying "you better not go out tonight"). This action carries a prison sentence of 3 months to 1 year or community service for a period of 1 to 6 months. A ban on owning and carrying weapons for 6 months to 3 years is also added. In case it is done without carrying a dangerous object, the punishment will be community service for 5-30 days, a fine of 1 to 4 months or continuous location for 5-30 days at a different address from the victim. Restraining orders may be imposed.
• Other minor cases. 1 to 3 months fine. The offence can only be prosecuted if there is a complaint of threats by the victim.

The consequences of the offence of threats

As we have seen, a serious threatening offence when aggravating factors are present can lead to the imposition of really heavy penalties. In fact, unless the case is classified as a minor offence, it is possible to act ex officio. That is to say, without the need for the victim to report the facts to the police or the competent authority where he or she lives.

However, we know from experience that, in most cases, such reports do not reach the courts. But it is also clear to us that there is a need to bring it to the attention of the authorities as, on many occasions, it is the prelude to a much more serious aggression or action.

Therefore, in case you have been a victim and want to report a crime of threats, the best advice we can give you is to report it and to immediately get in the hands of a lawyer specialised in the matter. Only through him or her will you have the guarantee that your rights will be protected during the process.