Criminal Threats and Blackmail: Legal Guide (Arts. 169-171 CP)

Under the Spanish Criminal Code (CP), the offence of threats (Arts. 169 to 171 CP) punishes anyone who seriously and credibly announces to another person a future harm against them, their family or someone very close to them, with the intention of frightening them. The same words, “I’m going to kill you”, can lead to prison, a fine or nothing at all, depending on context and intent. This guide covers the requirements, the forms of the offence with their penalties, and what follows a complaint.

If you are accused of threats or have been threatened: what it means and what happens next

A complaint for threats does not yet mean there is an offence: the judge will look at exactly what was said, in what context and with what intention. That decides whether the facts are an offence punishable with prison (Arts. 169 and 171.1 to 171.5 CP), a minor threat punishable with a fine (Art. 171.7 CP) or words with no criminal relevance. How the case proceeds also depends on the victim:

• Threats that are not minor: they are prosecuted de oficio (by the authorities on their own initiative), even if the victim later withdraws the complaint.
• Minor threat outside the family: it is only prosecuted if the person threatened files a complaint (Art. 171.7 CP).
• Partner, former partner or relatives: no complaint is needed, and the judge can prohibit the suspect from approaching or contacting the victim from the outset.

If you have been reported, the practical steps are in accused of threats in Spain: what to do.

What is the offence of threats and what does the law require?

Art. 169 CP punishes anyone who «amenazare a otro con causarle a él, a su familia o a otras personas con las que esté íntimamente vinculado un mal» (unofficial translation: “threatens another person with causing them, their family or other persons with whom they are closely connected a harm”). The law does not define a threat; these are the elements assessed to establish one:

1. A future, unjust, specific and possible harm, presented as depending on the author’s will. “I’m going to set fire to your car” is one; an impossible or vague harm is not.
2. Seriousness and credibility: the threat must appear real and be capable of frightening someone in the victim’s position.
3. Intent to intimidate: the wish to instil fear and disturb the peace of mind of the person addressed. This is what separates a threat from an angry outburst.
4. A context that confirms it: the prior relationship, gestures, the underlying conflict and what happened before and afterwards.

The harm does not need to be carried out: Art. 169 CP punishes the act of threatening itself, and a conditional threat is punishable even if the author does not achieve their aim. But the victim’s perception counts: in STS 97/2026 the Supreme Court upheld an acquittal because the complainant had described the words as a joke that went too far and stated that she had not felt threatened. Without intimidating force there is no offence, as we explain in our analysis of the intimidating force a threat requires.

The harm announced also matters. Art. 169 CP covers harms amounting to homicide, injury, abortion, torture or offences against liberty, moral integrity, sexual freedom, privacy, honour, property and the socio-economic order. If the harm is not an offence (revealing something true but damaging, breaking off a contract), the applicable provision is Art. 171 CP.

Types of threats and their penalties: table of Arts. 169 to 171 CP

Three questions place a case: whether the harm announced is an offence, whether something was demanded in return, and whether the threat is serious or minor.

Spanish offences are serious, less serious or minor according to the penalty (Art. 13 CP): apart from Art. 171.7, all of these are less serious (delitos menos graves), and Art. 170.1 can become serious. Fines follow the day-fine system (días-multa): a number of days multiplied by a daily amount of €2 to €400 set according to the offender’s means (Art. 50 CP).

If a knife or a firearm was involved, see threats with a bladed weapon or firearm; the text of the provision, paragraph by paragraph, is in our commentary on Article 169 of the Criminal Code.

The old misdemeanours of threats (faltas) were abolished by Organic Law 1/2015: what used to go to a misdemeanour trial is now a minor threat under Art. 171.7 CP, which can be heard as an immediate trial for a minor offence under Art. 962 of the Criminal Procedure Act (LECrim).

Is something said in the heat of the moment a threats offence?

In heated arguments people say outrageous things nobody intends to carry out. The courts separate a serious intention to intimidate from a mere venting of anger by looking at specific indicators: insults or provocation on both sides, or a cold, premeditated announcement; words said once or repeated later by message; gestures, a dangerous object or a physical approach; and whether the author could carry out the threat.

If mutual agitation is shown, without coldness or repetition, the facts may be classified as a minor threat or end in acquittal. This is not automatic: it depends on the evidence. And between partners the margin is narrower, because a minor threat is already an offence punishable with prison or community service (Art. 171.4 CP).

Conditional threats (Art. 169.1) and blackmail (Art. 171.2) are not the same

Colloquially, any threat with a condition is called blackmail, but the Criminal Code distinguishes three offences:

• Conditional threat of a harm that is an offence (Art. 169.1 CP). Something is demanded in exchange for not causing a harm that is itself an offence: “if you don’t sign, I’ll burn down your business”. The condition can even be lawful. Prison of one to five years if the aim is achieved, six months to three years if not; upper half if made in writing or by telephone.
• Conditional threat of a harm that is not an offence (Art. 171.1 CP). It is only an offence if the condition is not something the victim already owes: “if you don’t pay me what you owe me, I’ll sue you” is not, because paying is owed and suing is a right. Prison of three months to one year or a fine of six to twenty-four months.
• Blackmail (Art. 171.2 CP). Demanding a sum of money or a reward under the threat of revealing or spreading facts about the victim’s private life or family relationships that are not publicly known and could damage their reputation, credit or interests. “If you don’t give me five thousand euros, I’ll tell your wife everything” is blackmail, not an Art. 169.1 threat. Prison of two to four years if all or part of the demand is handed over, and four months to two years if not.

If what is threatened to be revealed is an offence by the victim, the public prosecutor may decline to prosecute it to make it easier to punish the blackmail, unless it carries more than two years’ prison; in that case the court may reduce its penalty by one or two degrees (Art. 171.3 CP). If the intimidation is used, for profit, to force someone to carry out or refrain from a legal act to the detriment of their own or someone else’s assets, it may be extortion (Art. 243 CP, prison of one to five years). The boundaries are explained in the offence of extortion under Art. 243 CP and in our analysis of Article 171 of the Criminal Code.

Threats, coercion or stalking? How to tell them apart

All three are offences against liberty and they often appear in the same complaint:

• Threats: a future harm is announced; the author does not prevent the victim from doing anything at that moment.
• Coercion (Art. 172 CP): using violence to prevent another person from doing what the law does not prohibit, or forcing them to do what they do not want to do; the pressure is immediate. Basic penalty: prison of six months to three years or a fine of twelve to twenty-four months. See our analysis of Article 172 of the Criminal Code.
• Stalking (Art. 172 ter CP): insistent and repeated conduct that disrupts the normal course of the victim’s everyday life. A single threat is not enough; a series of them may fall within this offence. See the guide to the offence of stalking.

Threats against a partner or within the family

The law is stricter here. A minor threat (“if you’re not home soon, you’ll see”) made by a man against a woman who is or has been his wife or partner, even if they never lived together, is not punished with a fine but as a less serious offence under Art. 171.4 CP: prison of six months to one year or thirty-one to eighty days of community service and, in every case, loss of the right to own and carry weapons for one year and one day to three years. The same penalty applies to a minor threat against a particularly vulnerable person who lives with the offender. These are gender-based violence cases.

• Minor threat with weapons against the other persons listed in Art. 173.2 CP (children, parents, siblings, a male partner or former partner): prison of three months to one year or community service, plus loss of weapons rights (Art. 171.5 CP).
• Upper half of the penalties in paragraphs 4 and 5 if the act takes place in front of children, in the shared home or the victim’s home, or in breach of a prohibition or precautionary measure.
• Penalty one degree lower: the court may impose it, giving reasons in the judgment, in view of the circumstances of the offender and of the act (Art. 171.6 CP).
• Minor threat without weapons against those same persons: it remains a minor offence, punishable with permanent location (localización permanente, served away from the victim’s home), community service or a fine, and no complaint is needed (Art. 171.7, second paragraph, CP).

A conviction for a less serious offence of threats against any of these persons always carries an order not to approach the victim (Art. 57.2 CP); if the threat is minor, the court may impose it for up to six months (Art. 57.3 CP).

How threats are proved: WhatsApp messages, audio recordings and witnesses

Most threats today are proved with screenshots and voice notes. A screenshot can be manipulated or taken out of context, and the other party may challenge it; the court clerk (Letrado de la Administración de Justicia) can then check it against the phone, or a forensic IT examination of the device and full conversation can be ordered.

The full conversation matters to both sides: it shows the accuser’s sequence and seriousness, or the defence’s irony, provocation or mutual threats. Witnesses, cameras and earlier complaints also count. On anonymous profiles and proving authorship, see threats and coercion by WhatsApp and social media.

How to report a threat and how the case proceeds

A complaint can be filed at a police station, at a Guardia Civil post, at the duty court or with the Public Prosecutor’s Office. Bring the phone with the original messages, screenshots in date order, witnesses’ details and a chronological account. If there is a risk, a protection order can be requested when the author is a partner or relative (Art. 544 ter LECrim) or, in other cases, an order prohibiting the author from approaching or contacting the victim (Art. 544 bis LECrim); see our guide to restraining orders.

The court investigates, hears the parties and witnesses, and decides whether to close the case or proceed. Three frequent questions:

• Limitation period: five years for threats under Arts. 169 and 171.1 to 171.5 CP; one year for a minor threat under Art. 171.7 (Art. 131.1 CP).
• Withdrawing the complaint: where the offence is prosecuted de oficio, withdrawing the complaint does not stop the proceedings. Only for a minor threat that requires a complaint does the victim’s express pardon, given before judgment, extinguish criminal liability (Art. 130.1.5.º CP).
• Criminal record: every final conviction, including one for a minor offence, is entered in the Central Register of Convictions (Registro Central de Penados) and is cancelled after the periods set in Art. 136 CP.

What to do (and what not to do) if you are reported for threats

If you have been reported: do not contact the complainant, directly or through others, because any message can be read as a further threat or, if there is a restraining order, as a breach of it. Do not delete the conversation: it may hold your version, and the other party keeps a copy. Do not make a statement without a lawyer (and an interpreter, if you need one), and comply from the outset with any measure you are notified of.

If you have been threatened: do not reply with threats or insults; keep messages and audio files without editing them; note dates, times and witnesses; and report it as soon as possible, especially if the threat is repeated or weapons or children are involved.

At Alonso Sala, with more than 15 years of experience in criminal law, we defend people under investigation for threats offences and act as private prosecutor (acusación particular) for those who suffer them. You can call us on +34 91 078 65 74 for an initial assessment of your case.