Crimes against persons
In short
These are three offences against personal freedom that often appear together in the same complaint, especially when there is a dispute between neighbours, at work, in business or within a family. Each has its own requirements, and knowing them is the starting point for the defence.
Today, most of these cases are proved with WhatsApp messages, voice notes, emails and social media posts.
If the person making the complaint is or has been your partner, the rules on gender-based or domestic violence apply: we handle that situation at abogadaviolenciadegenero.com.
| Conduct | Article | Penalty provided |
|---|---|---|
| Conditional threat of harm amounting to an offence, achieving its aim | 169.1 | Prison from 1 to 5 years (if the aim is not achieved, 6 months to 3 years) |
| Non-conditional threat of harm amounting to an offence | 169.2 | Prison from 6 months to 2 years |
| Conditional threat of harm that is not an offence | 171.1 | Prison from 3 months to 1 year or a fine of 6 to 24 months |
| Demanding money under threat of revealing facts about someone’s private life | 171.2 | Prison from 2 to 4 years if obtained; 4 months to 2 years if not |
| Minor threat | 171.7 | Fine of 1 to 3 months |
| Coercion | 172.1 | Prison from 6 months to 3 years or a fine of 12 to 24 months |
| Minor coercion | 172.3 | Fine of 1 to 3 months |
| Harassment or stalking | 172 ter.1 | Prison from 3 months to 2 years or a fine of 6 to 24 months |
| Fake profiles or adverts using another person’s image | 172 ter.5 | Prison from 3 months to 1 year or a fine of 6 to 12 months |
Conditional threats under article 169.1 are punished in the upper half of the range if made in writing, by telephone or by any means of communication. If the victim of harassment is particularly vulnerable because of age, illness or disability, the penalty is six months to two years in prison.
Minor threats and coercion and harassment under article 172 ter are only prosecuted if the injured person files a complaint. Serious conditional threats under article 169.1 fall within the jurisdiction of the Jury Court (art. 1.2 of the Jury Act, Ley Orgánica 5/1995).
During the investigation, the judge may impose a precautionary ban on approaching or contacting the person making the complaint (art. 544 bis of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal), and may impose it as a penalty in the judgment (art. 57 of the Criminal Code). Breaching it makes your situation much worse.
Not every harsh remark is a criminal threat, and not all pressure is coercion. The courts assess how serious the harm announced was, the context and the relationship between the people involved. This is how we prepare your defence:
Many complaints for minor threats end up in a trial for a minor offence (juicio por delito leve), which is very short and in which the law does not require you to have a lawyer (art. 967 of the Criminal Procedure Act). Even so, being properly advised avoids convictions that stay with you afterwards. More information on speedy trials and minor offences.
Most of these penalties allow the prison sentence to be suspended if it does not exceed two years, it is your first offence and civil liability is satisfied (art. 80). A conviction for a minor offence only creates a record for six months after the penalty is extinguished (art. 136), but one for a less serious offence can remain on file for two or three years, and that affects public-sector exams, jobs and residence permits.
Keep everything: messages, voice notes, emails, calls, names of witnesses. Do not delete conversations, even if you find them unpleasant, and make copies. Note down the dates and places of each episode of harassment: repetition is what turns isolated nuisances into an offence.
Report it as soon as possible. We can represent you as a private prosecutor, request protective measures and claim compensation for the non-material damage you have suffered. Remember that minor threats and coercion become time-barred after one year (art. 131).
It can be. If the message announces serious and credible harm, such as assaulting someone or damaging property, it falls within the offence of threats, and the law imposes higher penalties for conditional threats made by telephone or in writing. If the threat is minor, it is a minor offence punishable by a fine of one to three months. The context of the whole conversation is decisive in assessing it.
A threat announces future harm in order to intimidate. Coercion uses violence to prevent someone from doing what the law does not prohibit, or forces them to do something they do not want to do. Both have minor versions punishable by a fine. Coercion under article 172.1 of the Spanish Criminal Code carries six months to three years in prison or a fine of twelve to twenty-four months.
Article 172 ter of the Criminal Code punishes with three months to two years in prison or a fine of six to twenty-four months anyone who harasses someone insistently and repeatedly, by watching, following or contacting them, in a way that disrupts their daily life. If the victim is particularly vulnerable, the prison term is six months to two years. It is only prosecuted on the victim’s complaint, except within the family.
Yes. During the investigation, the judge may impose a precautionary ban on approaching or contacting the person making the complaint if it is considered necessary to protect them (art. 544 bis of the Criminal Procedure Act). It can also be imposed as a penalty in the judgment. Breaching it is a new offence, so it is advisable to appeal it if it is disproportionate, but to comply with it in the meantime.
Do not contact the person making the complaint or respond to provocation. Keep the full conversation and any evidence of where you were. Find a lawyer before making a statement: we can establish the context, challenge manipulated screenshots and, if the complaint is knowingly false, consider a criminal complaint for false accusation.
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