Coercion (Art. 172 CP): A Legal and Real Estate Guide

The offence of coercion is the "catch-all" of offences against liberty. It is committed where someone, without being authorised by law, prevents another from doing what the law does not prohibit, or compels them to do what they do not want to do, using violence or intimidation. Although it sounds abstract, it is one of the most reported offences in neighbour disputes, tenancies and relationship breakdowns. Our criminal lawyers experienced in coercion in Madrid can help you with this type of situation.

The Key Difference from Threats

While a threat is the announcement of a future harm ("I'm going to throw you out"), coercion is a present action that is already restricting liberty ("I'm changing the lock and you can't come in any more"). Coercion is a direct, effective attack on the victim's ability to act.

Real Estate Harassment and "Mobbing" (Art. 172.1)

This is the leading form in the courts. Many owners, desperate over tenants who do not pay, opt to take the law into their own hands. BEWARE — this is an offence:

• Changing the lock: it is the offence of coercion, even if the home is yours and the tenant does not pay. Only a judge can order an eviction.
• Cutting off utilities (power/water): if you, as the owner, cancel the utilities to force the tenant to leave, you commit the offence of coercion (real estate harassment).
• Disruptive works or dirt: making life impossible in the building to wear down the tenant is also specifically punished.

The penalty can reach 3 years in prison if it is found that a "hostile environment" was created to prevent the enjoyment of the home.

Coercion in the Family Sphere

In relationship breakdowns or family disputes, the following are common:

• Preventing a partner from leaving the home during an argument.
• Taking away their mobile phone so they cannot make calls.
• Preventing their access to a room or the use of the shared car.

If this happens between partners/former partners, it is ALWAYS tried as gender or domestic violence, with prison penalties and an automatic restraining order.

The "Arbitrary Exercise of One's Own Right"

Sometimes the line is a fine one. If you act believing you have a right (e.g. recovering your car that you lent out), the defence can argue that there is no coercion, but rather the offence of the arbitrary exercise of one's own right (Art. 455 CP), which carries only a fine and not imprisonment. It is a vital defence strategy to avoid prison in property disputes.

Minor Coercion

Minor cases such as repeatedly parking so as to block a neighbour's exit, or not letting someone out of the lift, can be minor offences of coercion. Although the penalty is a fine, they create a criminal record that can greatly complicate life (public-sector exams, weapons permits, etc.).