Coercion Offence: Complete Legal Guide (2026)
In this article
The offence of coercion (Art. 172 CP) punishes using violence — including force on things — to prevent someone from doing what the law allows, or to compel them to do something against their will, in the present moment; it is punished with 6 months to 3 years in prison or a fine of 12 to 24 months, rising to 1 to 3 years for real-estate coercion aimed at forcing an occupant out of their home. It differs from threats, which announce future harm rather than imposing conduct immediately, and minor coercion is a fine-only minor offence. Where the coercion is committed against a partner or ex-partner, it is prosecuted as gender-based violence with a mandatory restraining order instead of the option of a fine.
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The offence of coercion is one of the most common and most misunderstood offences in the Spanish Criminal Code. Many people report "threats" when what they have suffered is coercion, and vice versa. As specialist criminal lawyers in coercion offences, we break down this offence.
What Is the Offence of Coercion? (Art. 172 CP)
A person commits coercion when, without being lawfully authorized, they prevent another person from doing something the law does not prohibit, or force them to do something they do not want to do. The essence is the imposition of one will over another by force.
Basic penalty: 6 months to 3 years in prison or a fine of 12 to 24 months.
Coercion vs. Threats
Coercion: The harm happens NOW. "I won't let you leave".
Threats: The harm is announced for the FUTURE. "If you report me, I will ruin you".
Types of Coercion
1. Basic Coercion (Art. 172.1 CP)
- Holding someone against their will so they cannot leave a place.
- Taking the car keys so they cannot drive off.
- Physically blocking the entrance to a premises or home.
- Destroying someone's phone so they cannot call the police.
2. Real-Estate Coercion (Art. 172.1 CP)
Where the aim is to force the occupant to leave the property ("real-estate harassment"):
- Cutting off the water, electricity or gas supply to a tenant.
- Carrying out unnecessary disruptive works to force them out.
- Changing the lock while the occupant is out.
Penalty: 1 to 3 years in prison. We cover this modality in more depth in our article on real estate harassment of tenants.
3. Coercion in a Family Setting (Art. 172.2 CP)
Minor coercion against a partner is punished as gender-based violence:
- 6 months to 1 year in prison (instead of a fine).
- Mandatory restraining order.
- Removal of the right to possess firearms.
Workplace Coercion
- Forcing the employee to sign voluntary resignation under threat of disciplinary dismissal.
- Preventing them from going to work during a strike (violent picketing).
- Making payment of wages conditional on waiving rights.
The criminal complaint can be combined with an employment claim for workplace harassment.
Penalties for the Coercion Offence
| Type | Penalty |
|---|---|
| Basic (Art. 172.1) | 6 months - 3 years in prison or fine |
| Minor coercion against partner (Art. 172.2) | 6 months - 1 year in prison + restraining order |
| Real estate (Art. 172.1) | 1 - 3 years in prison |
| With weapons | Upper half: 1 year 9 months - 3 years |
Defence Strategies
- Mistake of fact (lack of intent): The defendant did not realise they were restricting the other person's freedom.
- Self-defense: The restriction was due to a situation of danger.
- Lawful exercise of a right: A landlord who changes the lock after the contract has ended.
- Lack of criminal significance (atipicidad por insignificancia): Conduct so minor it does not warrant criminal reproach.
- Weaponized complaint: In divorces, a complaint for "coercion" is sometimes used to gain leverage over custody.
Professional Tip
If you have been arrested for coercion, do not make a statement without a lawyer. The right to remain silent is a constitutional right. Call a criminal lawyer immediately.
Accused of Coercion? You Need Specialist Criminal Defence
Coercion can carry up to 3 years in prison. The correct legal classification (coercion vs. threats vs. gender-based violence) is crucial to your defence.
Go to our defence page: Coercion · ☎ 91 078 65 74
Frequently asked questions
What penalty does the offence of coercion under article 172 CP carry?
The basic offence (art. 172 CP) is punished with imprisonment of 6 months to 3 years or a fine of 12 to 24 months, depending on the gravity of the conduct and the means used. The penalty is imposed in its upper half when the coercion seeks to prevent the exercise of a fundamental right.
What is the difference between coercion and threats?
Coercion (art. 172) bends the will in the present, preventing someone from doing something or compelling them to do it by force; a threat (arts. 169-171) announces a future harm. In coercion the victim cannot act; with a threat, they fear what is to come.
Can coercion be a minor offence?
Yes. Coercion of a minor nature is punished as a minor offence with a fine (art. 172.3 CP). Whether it is classified as a less serious offence or a minor one depends on the gravity of the conduct and the coercive means used.
Is cutting off a tenant's utilities an offence of coercion?
It can be. Cutting off the water, electricity or gas to force a tenant to leave the property (so-called 'real estate coercion') has been held to constitute an offence of coercion, as it bends their will by force.
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in coercion offense. We act urgently to protect your rights.