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Bufete de abogados penalistas Alonso Sala
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Crime of Coercion

We protect your freedom to act. Technical defense against accusations of impeding legitimate rights.

Crime of Coercion (Art. 172 CP)

Coercion is a direct attack on personal freedom. Unlike threats (future harm), coercion disrupts victim's life in present, imposing unwanted conduct or preventing right exercise. Penal Code punishes who "without being legitimately authorized, prevents another with violence from doing what law doesn't forbid, or compels them to do what they don't want".

Frequent cases occur in couple crises (preventing leaving home, taking phone) and real estate conflicts (Real Estate Blockade). Our defense focuses on legitimacy of action and proportionality of means used.

Defense Scenarios

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The Desperate Landlord

Many landlords cut utilities on non-payment. Though crime, we defend "justification cause" or necessity state if non-payment is ruining landlord, or downgrade to minor coercion due to minimal violence entity.

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Couple Crisis

Preventing partner from entering bedroom or leaving home during argument is coercion. We defend lack of specific intent to restrict freedom, framing it in punctual dispute without penal relevance.

SPECIFIC TYPEReal Estate Harassment (Art. 172.1)

Penal Code specifically punishes those who, aiming to force tenants out, create a "hostile environment".

Typical Conducts
  • • Power, water, gas cuts.
  • • Not fixing serious breakdowns.
  • • Unnecessary noisy/dirty works.
Consequences

Prison 6 months to 3 years and fine. Plus nullity of any waiver agreement signed under pressure.

Coercion Types

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Minor Coercion

Impeding right exercise mildly. E.g.: Changing lock without court order, cutting power.

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Domestic Coercion

Economic blockade, kicking partner out, or preventing seeing children. Serious crime.

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Real Estate Harassment

Pressure on tenants to leave housing (annoying works, dirt, utility cuts).

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Stalking

Reiterated surveillance and persecution altering victim's life. Specific type (Art. 172 ter).

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Why Alonso & Sala for Coercion Cases?

Coercions occur in conflict contexts (couples, landlords, strikes). We defend by proving your action was legitimate or proportional to conflict.

  • checkExperience in real estate harassment and lock changes.
  • checkSelf-defense advocacy in couple crises.
  • checkResource to justification causes (necessity state, rights conflict).
  • checkDowngrading serious to minor coercion to avoid prison.
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FAQs

Advice Coercion vs Threat difference?expand_more
Threat is future harm ('I'll kill you'). Coercion is present violence ('I lock you in', 'I cut power', 'I block your way'). Coercion attacks freedom to act directly.
Is changing locks on non-paying tenant a crime?expand_more
YES, VERY COMMON. Considered 'coercion' or 'arbitrary realization of own right'. Even if they don't pay, you can't force them out without eviction order. Carries fine or prison.
Is cutting power/water coercion?expand_more
Yes, classic example of 'real estate harassment' or mobbing. Aim is to make life impossible to force leaving house. Is a crime.
What is 'violence on things'?expand_more
No need to hit person. Breaking door, slashing tires to stop travel, or blocking exit with objects, is violence on things to coerce person.
Taking partner's phone a crime?expand_more
Yes. Preventing communication can be coercion (plus privacy crime). In partner context, it's gender violence.
What is 'forced marriage'?expand_more
Aggravated coercion type. Forcing someone to marry with violence/intimidation. Penalty up to 3.5 years prison.
Forcing someone to sign document?expand_more
If violence/intimidation used, can be coercion or even extortion/robbery if direct economic harm.
Blocking neighbor's garage exit?expand_more
If repeated and with intent to block freedom of movement, can be minor coercion crime. If punctual, usually administrative infraction.
Do coercions prescribe?expand_more
Same as threats: 1 year minor, 5 serious. Depends on max penalty of specific type.
Can I kick adult son out?expand_more
If legally cohabiting, forceful eviction by changing locks can be coercion. Must use civil route (precarious eviction).
Can security cameras be used as evidence?expand_more
YES, valid evidence if legally placed (e.g. community entrance). But if illegally installed (e.g. facing neighbor's door), may be inadmissible and privacy crime.
What is 'escrache'?expand_more
Protest demonstration outside politician/public person's home to pressure them. Though freedom of demonstration exists, if prevents freedom to leave/enter can be collective coercion.
Preventing employee from clocking out coercion?expand_more
Yes, if physically retained or forcefully prevented from leaving post. Can also be illegal detention (Art. 163) if prolonged.
Is strike picket blocking entrance coercion?expand_more
IF USING VIOLENCE, yes. Right to strike allows informing/persuading, but NOT coercing. Physically blocking access is coercion (extensive case law on this).
Can self-defense be alleged?expand_more
Yes, if coercion is proportional response to prior unlawful aggression. E.g.: locking bedroom door to prevent partner from physically attacking.
What if it was a one-time argument?expand_more
If isolated tension moment without intent to systematically coerce freedom, can allege lack of typical intent (specific intention) and request dismissal or acquittal.
Does drug/alcohol use affect?expand_more
If very intoxicated, may mitigate penalty (reduces liability). But if voluntarily drank knowing could lose control, mitigation very weak ('actio libera in causa').
What if victim initially consented?expand_more
INITIAL consent doesn't erase crime if later revoked and you continued restricting freedom. E.g.: partner agrees to stay home, but then wants to leave and you don't let them.
Does prior restraining order affect?expand_more
Yes, A LOT. If restraining order existed and you approached TO coerce (e.g. prevent entering their home), it's breach crime (Art. 468) PLUS coercion. Double conviction.
Can I be convicted if victim doesn't testify?expand_more
If victim refuses to testify (partner/family), prosecution severely weakened. If no witnesses nor objective evidence (messages, recordings), usually acquitted for lack of proof.
Difference between coercion and kidnapping?expand_more
Kidnapping (illegal detention, Art. 163) totally deprives ambulatory freedom (locking up, tying). Coercion is broader: preventing any lawful act (leaving, calling, working). If you lock someone up, it's KIDNAPPING, more serious (prison 4-6 years).

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