Lawyers specialising in Crimes against Liberty
According to Article 17 of the Spanish Constitution, everyone has the right to liberty and security. No one may be deprived of their liberty except in accordance with the provisions of this article and in the cases and in the manner established by law.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from crimes against liberty. You can contact our criminal lawyers in Madrid if you need legal assistance in any case of crimes against freedom.
Unlawful Detention and Kidnapping
Article 163 Penal Code
- A private individual who imprisons or detains another person, depriving him of his liberty, shall be punished by imprisonment for a term of four to six years.
- If the offender releases the person imprisoned or detained within the first three days of his detention, without having achieved his intended purpose, the lower penalty shall be imposed.
- A term of imprisonment of five to eight years shall be imposed if the confinement or detention has lasted more than fifteen days.
- Any private individual who, outside the cases permitted by law, apprehends a person in order to present him immediately to the authorities, shall be punished with a fine of three to six months".
Article 164 of the Penal Code: "The kidnapping of a person, demanding some condition in order to release them, shall be punished with a prison sentence of six to ten years. If in the kidnapping the circumstance of article 163.3 has occurred, the higher penalty in degree shall be imposed, and the lower one in degree if the conditions of article 163.2 are met".
The offence of unlawful detention is considered to be committed by any individual who imprisons or detains another person against their will, depriving them of their freedom of movement.
Kidnapping is an aggravated form of unlawful detention, which involves ransom or the fulfilment of a condition for the release of the detainee, outside the cases provided for by law.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from kidnapping offences.
Threats and Coercion
Article 169 of the Penal Code "Anyone who threatens another person with causing them, their family or other persons with whom they are intimately linked an evil that constitutes crimes of homicide, injury, abortion, against freedom, torture and against moral integrity, sexual freedom, intimacy, honour, patrimony and socio-economic order, shall be punished:
1. with a prison sentence of one to five years, if the threat has been made by demanding an amount or imposing any other condition, even if not unlawful, and the guilty party has achieved his purpose. If he has not succeeded, the penalty shall be imprisonment for a term of six months to three years.
The penalties set out in the previous paragraph shall be increased by half if the threats are made in writing, by telephone or by any means of communication or reproduction, or on behalf of real or supposed entities or groups.
2. With a prison sentence of six months to two years, when the threat has not been conditional".
A person who warns another person that he/she is going to cause him/her, his/her family or similar, a damage that may constitute the crimes of homicide, injury, abortion, torture, against freedom, moral integrity, sexual freedom, intimacy, etc., is considered to be guilty of the crime of threats.
Anyone who prevents a person, by means of physical or psychological violence, from doing what the law forbids them to do, is considered to be guilty of the crime of coercion.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from crimes of threats or coercion.
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