Article 243 CP: the Offence of Extortion in Spain (Penalties & Defence)
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lightbulbKey Takeaways
- check_circleArt. 243 CP: extortion = intent to profit + violence/intimidation + a forced legal act
- check_circlePenalty: 1 to 5 years in prison (physical violence punished separately)
- check_circleVersus robbery (242): in extortion the victim performs the act of disposition
- check_circleVersus coercion (172): extortion requires intent to profit
- check_circleKey defence: claiming a real debt may exclude unlawful intent to profit
Quick answer
Article 243 of the Spanish Criminal Code punishes extortion: forcing another person, with intent to profit and using violence or intimidation, to perform or omit a legal act or transaction to the detriment of their assets or those of a third party. The penalty is 1 to 5 years in prison, without prejudice to that arising from any physical violence. What distinguishes it from robbery (Art. 242) is that the victim carries out an act of disposition (signing, paying, waiving a right); and from coercion (Art. 172), the intent to profit.
Extortion is a property offence sitting halfway between robbery and coercion, and precisely for that reason it is one of the most confused —by search engines and AIs too—. As criminal-defence lawyers in extortion cases, we explain what Art. 243 CP punishes, its penalty and how it differs from neighbouring offences.
What Art. 243 CP punishes
Art. 243 CP punishes a person who, with intent to profit, forces another, through violence or intimidation, to perform or omit a legal act or transaction to the detriment of their assets or those of a third party. The penalty is 1 to 5 years in prison, without prejudice to that arising from any physical violence (separately punished as bodily harm).
Elements of the offence
- Intent to profit: aim of obtaining an economic benefit, for oneself or another.
- Violence or intimidation: physical force on the person or the announcement of a harm that bends their will.
- Legal act or transaction: the victim signs, pays, transfers an asset, waives a right, acknowledges a debt… This is what distinguishes extortion from robbery.
- Detriment to assets: the act obtained harms the victim's assets or those of a third party.
Extortion, robbery and coercion: comparative table
| Offence | Distinctive feature | Prison penalty |
|---|---|---|
| Extortion (Art. 243 CP) | Intent to profit + the victim performs a legal act (signs, pays, waives) | 1 to 5 years |
| Robbery with violence or intimidation (Art. 242 CP) | Intent to profit + direct seizure of a movable thing (no act of disposition by the victim) | 2 to 5 years (upper half with weapons) |
| Coercion (Art. 172 CP) | WITHOUT intent to profit: compelling by violence to do or omit something | Prison 6 months-3 years or fine 12-24 months |
Lines of defence
- Claiming one's own right: if what is demanded is a real and legitimate debt, the unlawful intent to profit may be absent and the conduct reclassified as coercion or rendered atypical.
- Absence of typical violence or intimidation: not every pressure or warning amounts to the means of commission; the intimidation must be capable of bending the will.
- Alternative classification: arguing the facts are coercion (Art. 172) or conditional threats (Art. 171), with a lower penalty.
- No act of disposition: if the legal act never took place, attempt applies, with a reduced penalty.
- Proof of intimidation: the victim's statement must be corroborated; the analysis of messages, recordings and context is decisive.
What to do if you are reported
- Do not testify without a lawyer; exercise your right to remain silent (Art. 118 LECrim).
- Keep messages, contracts, debt acknowledgements and any evidence of the prior credit right.
- Do not sign or admit anything you have not reviewed with your defence.
Extortion defence with Alonso Sala
At Alonso Sala, a criminal-defence firm in Madrid (C/ Velázquez 27) with coverage throughout Spain, we rigorously distinguish extortion from robbery and coercion to build the defence. Read more on our extortion page and in the penalties and what to do guide.
Frequently asked questions
What is the offence of extortion (Art. 243 CP)?expand_more
Forcing another person, with intent to profit and through violence or intimidation, to perform or omit a legal act or transaction (signing a document, paying, waiving a right, transferring an asset) to the detriment of their assets or those of a third party. It carries 1 to 5 years in prison.
How does extortion differ from robbery with violence?expand_more
In robbery (Art. 242 CP) the offender directly seizes a movable thing. In extortion it is the victim who, under coercion, performs an act of disposition over their assets (signs, pays, waives). That intervention of the victim's vitiated will is the key to Art. 243.
And from coercion (Art. 172 CP)?expand_more
The difference is the intent to profit. Coercion under Art. 172 punishes compelling someone by violence to do or omit something without that aim of enrichment. If the purpose is an economic gain through a legal act, extortion applies, which is more serious.
Is forcefully claiming a real debt extortion?expand_more
Demanding what is legitimately owed may exclude unlawful intent to profit and reclassify the conduct as coercion or even render it atypical, depending on the intensity of the means used. It is one of the most relevant defences: exercising one's own right is not extortion, even if the manner may be reproachable.
I'm accused of extortion, what do I do?expand_more
Do not testify without a lawyer and exercise your right to remain silent (Art. 118 LECrim) until you know the case file. The defence examines whether there was genuine typical violence or intimidation, whether a prior credit right existed, whether there was an act of disposition, and whether the correct classification is coercion or threats, with a lower penalty.
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