Article 169 Spanish Criminal Code: The Offence of Threats (2026)
In this article
Key Takeaways
- The harm must be future and unjust
- Conditional: up to 5 years in prison
- Unconditional: 6 months to 2 years
- Minor threats: Article 171
Article 169 of the Spanish Criminal Code punishes threatening another person with future harm that would amount to a crime against life, physical integrity, liberty, sexual freedom or property. A conditional threat, where the offender demands something in exchange for not carrying it out, carries 1 to 5 years in prison if the aim is achieved or 6 months to 3 years if not; an unconditional threat carries 6 months to 2 years. The announced harm must be future, unjust, specific and credible — words said in the heat of an argument, with no real intent to intimidate, generally fall outside the offence.
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Article 169 of the Spanish Criminal Code governs the offence of threats: announcing to another person the causing of future harm that would amount to a crime. As criminal defence lawyers, we explain its content.
What Article 169 Says
This offence is committed by anyone who threatens another with causing them, their family or persons closely linked to them harm amounting to a crime of homicide, bodily harm, abortion, against liberty, torture and moral integrity, sexual freedom, privacy, honour or property.
The Requirements of the Announced Harm
- Future: if the harm is imminent and carried out, another offence applies.
- Unjust: announcing the lawful exercise of a right — such as filing a complaint — is not a threat.
- Specific: concrete and credible.
- Dependent on the offender's will and with an appearance of seriousness.
Words uttered in the heat of an argument, with no real intimidating purpose, usually fall outside the offence.
Conditional and Unconditional Threats
- Conditional threat (Art. 169.1): a sum is demanded or a condition imposed. If the offender achieves the aim, prison of 1 to 5 years; if not, 6 months to 3 years.
- Unconditional threat (Art. 169.2): the harm is announced without demanding anything. Penalty: prison of 6 months to 2 years.
Penalties are imposed in their upper half where the threat is made in writing, by telephone or any means of communication, or on behalf of groups.
Minor threats: Article 171
Where the announced harm does not amount to a crime, or the threat is minor, Article 171 applies, with reduced penalties. The correct classification is decisive.
Defence Strategies
- Lack of seriousness: words spoken in an argument, with no real intent to intimidate.
- Harm not unjust: the offender announced the lawful exercise of a right.
- Atypicality: the harm is neither future nor specific.
- Downgrading to a minor threat under Article 171.
- Evidence: working on reasonable doubt where the case rests solely on the complainant's account.
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Frequently asked questions
What penalty applies to the offence of threats under Article 169 CP?
A conditional threat (Art. 169.1) carries 1 to 5 years in prison if the offender achieves the aim, or 6 months to 3 years if not. An unconditional threat (Art. 169.2) carries 6 months to 2 years in prison. Penalties are imposed in their upper half where the threat is made in writing, by telephone or by any other means of communication.
When does a threat amount to a criminal offence?
The announced harm must be future, unjust, specific, dependent on the offender's will and have an appearance of seriousness. Words spoken in the heat of an argument, with no real intimidating purpose, generally fall outside the offence.
What is the difference between a conditional and an unconditional threat?
A conditional threat demands a sum of money or imposes a condition on the victim; an unconditional threat announces the harm without demanding anything in return. The conditional threat carries a heavier penalty (up to 5 years in prison) than the unconditional one (up to 2 years).
What are minor threats under Article 171 CP?
Where the announced harm does not amount to a crime, or the threat is minor, Article 171 CP applies, with reduced penalties. The correct classification between Article 169 and Article 171 is decisive for the defence strategy.
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