Criminal Threats & Blackmail: Legal Guide to Art. 169 CP

The offence of criminal threats (Arts. 169 to 171 of the Spanish Criminal Code) is one of the most nuanced offences in the Code. The phrase "I'm going to kill you" can amount to a serious offence punishable with prison, a petty offence of threats, or merely an unfortunate remark with no criminal consequence at all, depending exclusively on context and intent. This guide breaks down the keys to understanding when the red line is crossed. Our specialist criminal lawyers can help you with your case.

What does the law require for it to be a crime?

Saying intimidating words is not enough. The Spanish Supreme Court requires:

1. Announcement of harm: An unlawful act against life, physical integrity or property must be announced ("I'll beat you up", "I'll torch your car").
2. Credible and serious: The threat must appear genuine. If a child tells a bodybuilder "I'll beat you up", there is no offence because no real fear is generated.
3. Intent to intimidate: There must be wilful intent to disturb the victim's peace of mind (an aim of frightening).

The "Heat of the Moment" and Ius Necandi

This is the star defence. In heated arguments (traffic disputes, neighbour rows), people say outrageous things they have no intention of carrying out. Courts distinguish between an intent to kill (ius necandi) and a mere outburst of anger. If we can prove that the phrase was uttered in a context of mutual agitation and without cold premeditation, judges tend to acquit or downgrade the facts to a petty offence, treating the remark as an outburst rather than a real threat to safety.

Conditional Threats: Blackmail (Art. 169.1)

This is the most serious and dangerous form. It occurs when something is demanded in exchange for not carrying out the threat: "If you don't give me 5,000 EUR, I'll tell your wife everything" or "If you don't sign this, I'll burn down your business".

• If the perpetrator achieves their goal: The penalty is prison of 1 to 5 years.
• If they do not: The penalty is prison of 6 months to 3 years.

The defence here is far more complex and requires showing that the "condition" was lawful (e.g. "if you don't pay the debt, I'll sue you"), in which case it would not be a threat but the exercise of a right, unless the form was itself intimidating.

Threats in Gender-Based Violence Cases

IMPORTANT: it is in the context of intimate-partner relationships that the law is at its strictest. A minor threat ("if you don't come home soon you'll see") uttered by a man against his current or former female partner is NOT a petty offence (fine), but a less-serious offence of gender-based violence (Art. 171.4), punished with prison of 6 months to 1 year, community service, a mandatory restraining order, and a criminal record. "Heat of the moment" defences will not work easily here; judicial tolerance is zero.

Digital Evidence: WhatsApp Messages and Audio Recordings

Virtually all threats today are proved with screenshots. But beware: a screenshot can be manipulated or taken out of context. As defence lawyers, we demand a full forensic examination of the phone. Frequently, once the complete conversation is reviewed, it turns out that the alleged victim was also insulting or threatening the defendant, or that the phrase had an ironic tone that the isolated message does not convey. IT forensic expert evidence is essential to dismantle accusations built on cherry-picked excerpts.