Minor threats in Spain: Concepts and forms of offences

Minor threats in Spain: Concepts and forms of offences

Blog Article

The crime of threats consists of the action or expression that anticipates the intention of harming or endangering another person. It's typified and regulated in the Spanish Penal Code in articles 169 to 171.

Crime of threats

The crime of threats includes expressing the intention to cause future harm to a person or their relatives.

The Penal Code states that anyone who threatens to cause harm to some other person, their family or other persons with whom the latter is intimately linked might be committing the crime of threats.

Anybody who threatens someone else with harming them, their family or other persons with whom they are intimately linked, which constitutes crimes of homicide, injury, abortion, against freedom, torture and against moral integrity, sexual freedom, privacy, honour, property and socio-economic order, shall be punished:

1. A prison sentence of anyone to five years, if the threat has been created by demanding a sum of money or imposing every other condition, even if it's not unlawful, and the guilty party has achieved their aim. If he has not succeeded, the penalty shall be imprisonment for a term of six months to three years.

The penalties put down in the previous paragraph will probably be increased by half if the threats are made in writing, by telephone or in the slightest of communication or reproduction, or for real or supposed entities or groups.

2. With a prison sentence of between half a year and 2 yrs when the threat was not conditional.

Article 169 of the Criminal Code

However, an offense is not at all times committed when threatening another person. The Penal Code specifies the requirements for threats becoming a criminal offence or not.

Requirements for a risk to become a criminal offence

That is one of the very subjective of all of the offences included in the Criminal Code.

Anyone can understand as a risk a thing that another individual might not do; therefore, it is vital to possess reliable proof of what happened (documents, witnesses, recordings, etc.) to be able to manage to clarify ahead of the judge what each person understands as a risk and under what circumstances it's occurred. As well as this, there must be certain requirements within the threat itself for the act to be understood as a crime.

In addition to carrying out the action of threatening, the alleged perpetrator must carry out the threats with actions that constitute a crime.

Put simply, it's not enough just to threaten to commit the offence. It is also necessary that the action that is likely to cause harm to another, that action with that the threat is created, is classified as a criminal offence.

An offense of threats is committed when, as well as the threat, this threat constitutes a crime of: homicide, injury, abortion, against freedom, torture, against moral integrity, against sexual freedom, intimacy, honour, patrimony or socio-economic order.

Example: when a person says to some other person "I'm planning to kill you!", he is threatening and, in addition, the very fact of killing takes its crime of homicide, so we are working with a crime of threats.

Example: each time a person says to another person "I'm not speaking with you any more, don't ever talk to me again!", this threat doesn't constitute an offense and therefore can not be classified as a threatening offence.

Kinds of threatening offences and penalties

● Threats created by demanding an amount or imposing one or more conditions, even when these conditions aren't an offence. Example: "I'll kill you if you may not pay me your son's debt" ;.
○ When the offender achieves his objective: 1 to 5 years imprisonment.
○ If the offender doesn't achieve his objective: 6 months to 3 years imprisonment.

● Threat manufactured in a non-conditional manner. Example: "I will kill you and your household!
○ Sentence of 6 months to 2 years imprisonment.

● Threats made towards populations, ethnic, cultural or religious groups, a collective or any other group of persons:
○ Penalties higher in degree than those foreseen above.

● If the threats publicly call for the commission of terrorist acts:
○ Penalty of 6 months to 3 years imprisonment.

● Threatening with an evil that will not constitute danger when they are serious and with the objective assessment of the reality:
○ Penalty of 3 months to at least one year imprisonment or perhaps a fine of 6 to 24 months.

● If the offender achieves his objective: The penalty will probably be imposed in the upper half of the sentence.

● When the threat consists of receiving an incentive in exchange for not publishing or disseminating details about the private life or family relations of another:

● When the offender achieves his objective: Penalty of 2 to 4 years imprisonment.

If the offender does not succeed: 4 months to 2 years imprisonment.
If a threat is designed to report an offense:

The prosecutor may not charge the offence if the offence is punishable by 2 years' imprisonment or less.

For more details please visit denuncia por amenazas (complaint for threats).

Report this page