Criminal Lawyers for Minor Coercion
Defence against minor or light coercion charges between individuals.
Coercion (Art. 172 of the Spanish Criminal Code (CP)) punishes anyone who, without lawful authority, uses violence to prevent another person from doing what the law does not forbid, or forces them to do something against their will. Its minor form (Art. 172.3 CP) is a minor offence, carrying only a fine of 1 to 3 months; the basic offence carries imprisonment of 6 months to 3 years or a fine of 12 to 24 months. Minor coercion of a current or former wife or female partner is punished with imprisonment of 6 months to 1 year or 31 to 80 days of community service (Art. 172.2 CP) plus deprivation of the right to possess weapons, and the Violence against Women Section of the Tribunal de Instancia takes charge of the case; against other relatives of Art. 173.2, it is the minor offence of Art. 172.3, second paragraph. In the defence, we distinguish coercion from threats, which announce a future harm, or from stalking under Art. 172 ter CP, which requires repetition: reclassifying the facts without timely notice can infringe the right to know what one is accused of.
Minor coercion (coacciones leves) refers to light forms of compulsion that do not reach the severity of basic coercion. Since the 2015 Criminal Code reform, minor coercion is classified as a minor offence (delito leve) under Article 172.3 CP, carrying a maximum penalty of a fine of 1 to 3 months. However, minor coercion of a current or former wife or female partner, or of a vulnerable cohabitant, is a less serious offence under Art. 172.2 CP (imprisonment or community service); against other relatives of Art. 173.2 it remains a minor offence with specific penalties (Art. 172.3, second paragraph).
Boundary Definition
The critical legal question is where the boundary between a disagreement and a crime lies. Examples of conduct that may constitute minor coercion: blocking someone's path, snatching objects from someone's hands, cutting off a phone call, standing in a doorway to prevent exit, or persistent unwanted contact. Each case requires careful analysis of whether the conduct truly compelled the victim to act against their will.
Penalties and the Family Context (Art. 172 CP)
Basic coercion (Art. 172.1 CP) — preventing another by force from doing what the law does not prohibit, or compelling them to do what they do not want — carries imprisonment of 6 months to 3 years or a fine of 12 to 24 months. Minor coercion (Art. 172.3 CP) covers slight cases and is punished only with a fine of 1 to 3 months. Where the victim is or was the offender's wife or female partner, or an especially vulnerable person in the household, Art. 172.2 CP treats the coercion as a full crime with imprisonment and protective measures. The correct classification—basic, minor or aggravated—determines whether the case ends in a fine or a custodial sentence.
Defence Strategies
Our defence approaches include: arguing the conduct was too trivial to constitute a criminal offence (de minimis principle); proving the interaction was mutual and consensual; demonstrating the complainant's version is exaggerated through witness testimony or video evidence; arguing legitimate exercise of rights (e.g., a landlord asking a tenant to leave is not coercion); and seeking case dismissal on proportionality grounds.
Related matters: stalking in Spain under Art. 172 ter CP, serious coercion under Art. 172.1 CP and threats and coercion online.
Penalties & Consequences: Minor Coercion
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty | Penalty established by the Criminal Code for minor coercion. |
| Fines and Ancillary Penalties | A fine of 1 to 3 months for minor coercion; in the family context, the penalties of Art. 172.2 and 172.3 CP. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Crimes Against Persons in Spain: Homicide, Assault and Threats — Defence Guide
Crimes against persons — homicide (Art. 138 CP), murder (Art. 139 CP), assault/bodily harm (Art. 147-156), and threats (Art. 169-171 CP) — are among the most severely punished offences in Spain, frequently resulting in substantial prison sentences. A robust forensic and legal defence is critical from the first moments of arrest.
Penalty Table: Crimes Against Persons
| Offence | Article | Penalty |
|---|---|---|
| Reckless Homicide | Art. 142 | 1 – 4 years |
| Intentional Homicide | Art. 138 | 10 – 15 years |
| Murder (Asesinato) | Art. 139 | 15 – 25 years |
| Aggravated Murder | Art. 140 | Permanent Revisable Prison |
| Minor Assault | Art. 147.2 | Fine 1-3 months |
| Serious Bodily Harm | Art. 149 | 6 – 12 years |
| Criminal Threats | Art. 169 | Conditional: 1 – 5 years if the aim is achieved, 6 months – 3 years if not; unconditional: 6 months – 2 years |
Core Defence Strategies
Self-Defence (Art. 20.4 CP)
The three legal requirements are: unlawful aggression, rational necessity of the means used to prevent or repel it, and lack of sufficient provocation. Documenting prior threats and injuries is paramount from day one.
Reclassification: Murder → Homicide
The difference between Art. 138 and 139 CP means up to 10 years' additional prison. Defence focuses on disproving the qualifying circumstances of Art. 139 CP: treachery, price, reward or promise, cruelty, or killing to facilitate another offence or prevent its discovery.
Psychiatric Defence / Diminished Responsibility
If the accused had a mental disorder at the time of the act, total or partial irresponsibility (Art. 20.1) or diminished responsibility (Art. 21.1) significantly reduce or eliminate the sentence.
Forensic Medical Evidence
Independent autopsy, injury assessment, and toxicology reports often contradict expert testimony submitted by the prosecution. A second forensic medical opinion is always recommended in serious cases.
Dolus Eventualis vs. Conscious Negligence
In deaths or injuries arising from driving, fights or risky activities, the line between dolus eventualis (a much higher penalty) and gross negligence is fine but decisive. Defence experts can bring the facts within the negligent offence.
Brawl Involving Dangerous Means (Art. 154 CP)
In fights with several participants, Art. 154 CP punishes taking part in a tumultuous brawl in which means or instruments dangerous to life or physical integrity are used, with 3 months to 1 year in prison or a fine of 6 to 24 months, without having to prove who caused each injury. The defence can bring the facts within this offence when authorship of the injuries is uncertain.
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