Article 172 Spanish Criminal Code: The Offence of Coercion (2026)
In this article
Key Takeaways
- Violence includes force on things
- Coercion: imposes conduct in the present
- Threats: announce future harm
- Art. 172.1: real-estate harassment
Article 172 of the Spanish Criminal Code punishes coercion: using violence, including force on things, to prevent another person from doing something the law does not forbid, or to compel them to do something against their will, in the present. The basic penalty is 6 months to 3 years in prison or a fine of 12 to 24 months, rising where the coercion aims to prevent the exercise of a fundamental right, and Article 172.1 specifically punishes real-estate harassment aimed at preventing lawful enjoyment of a home. The key distinction from threats (Art. 169 CP) is timing: coercion bends the will immediately, while a threat announces harm for the future.
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Article 172 of the Spanish Criminal Code governs the offence of coercion, which protects a person's freedom to act. It punishes anyone who, through violence, prevents another from doing what the law does not forbid or compels them to do what they do not wish. As criminal defence lawyers, we explain its key features.
What Article 172 Says
Coercion is committed by anyone who, without lawful authorisation, prevents another by violence from doing what the law does not forbid, or compels them to do what they do not wish, whether just or unjust. Penalty: prison of 6 months to 3 years or a fine of 12 to 24 months.
The Requirement of Violence
- Physical force on the person.
- Force on things (vis in rebus): for example, changing a lock or cutting off a supply to bend another's will.
- Compulsive intimidation equivalent to force.
Difference From Threats
The key is timing: threats (Art. 169) announce future harm; coercion imposes a conduct in the present, immediately. In a threat the victim keeps a margin of decision; in coercion they are bent at once.
Aggravated Types and Real-Estate Harassment
The penalty is imposed in its upper half where the coercion aims to prevent the exercise of a fundamental right. Article 172.1 specifically punishes real-estate harassment: coercion aimed at preventing a person from the lawful enjoyment of their home. Article 172.2 covers minor coercion against a partner or especially vulnerable person.
Stalking has its own provision
Persistent harassment that seriously disrupts the victim's daily life is punished under Article 172 ter (stalking), distinct from coercion. The correct classification shapes the whole strategy.
Defence Strategies
- Lawful authorisation: the offender acted under a right or a court ruling.
- No violence: the conduct did not reach the coercive intensity required.
- Downgrading to minor coercion under paragraphs 2 or 3 of Article 172.
- Atypicality: this was a neighbour or civil dispute with no criminal relevance.
- Evidence: working on reasonable doubt where there are no witnesses or documents.
Charged with coercion?
Many cases arise from neighbour or relationship disputes. We assess whether the facts amount to the offence.
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Frequently asked questions
What does Article 172 of the Spanish Criminal Code punish?
The offence of coercion: preventing another person, without lawful authorisation and through violence, from doing what the law does not forbid, or compelling them to do what they do not wish (whether just or unjust). The penalty is 6 months to 3 years in prison or a fine of 12 to 24 months, depending on the seriousness of the coercion and the means used.
What is the difference between coercion and threats?
Threats (Art. 169 CP) announce future harm to condition the victim; coercion (Art. 172 CP) imposes or prevents conduct in the present through violence or force that bends the victim's will. The same conflict can involve both offences.
Does coercion require direct physical violence?
Not necessarily. Case law admits force on things (changing a lock, cutting off a supply) and equivalent serious intimidation, provided it is capable of bending the victim's will.
What is real-estate harassment coercion?
When the coercion is aimed at preventing the lawful enjoyment of a home (harassment to force an eviction: noise, building works, cutting off electricity or water), Article 172.1 CP imposes the penalty in its upper half.
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