Conditional Threats and Blackmail (Arts. 169-171 CP)

Criminal defence against charges of conditional threats, unconditional threats and blackmail. We analyse the seriousness of the harm announced, the condition demanded and whether the aim was achieved to determine the sentence and the strategy.

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Last updated: 22 June 2026

Defense Keys: Conditional Threats and Blackmail (Arts. 169-171 CP)

A conditional threat of harm amounting to a criminal offence (Art. 169.1 CP) carries imprisonment of one to five years if the aim is achieved and six months to three years if it is not.
An unconditional threat of harm amounting to a criminal offence (Art. 169.2 CP) carries imprisonment of six months to two years.
A threat of harm not amounting to a criminal offence (Art. 171.1 CP) is punished with imprisonment of three months to one year or a fine of six to twenty-four months.
Blackmail (Art. 171.2-3 CP) consists of demanding a sum or reward under threat of revealing facts about private life or relationships, with imprisonment of two to four years if what was demanded is obtained.
The seriousness, credibility and capacity of the threat to intimidate are the core of the legal debate and of the defence.

The offence of threats is governed by Articles 169 to 171 of the Spanish Criminal Code and protects the freedom and security of individuals against the serious announcement of harm. Criminal law carefully distinguishes between conditional threats (something is demanded in exchange for not carrying out the harm) and unconditional threats (a mere announcement of harm), and between threats of harm amounting to a criminal offence and harm that does not. The applicable penalty depends directly on this classification. At the firm of Alonso Sala, criminal lawyers in Madrid, we analyse each element to build a precise technical defence.

Conditional threats of harm amounting to a criminal offence (Art. 169.1 CP)

Article 169.1 CP punishes anyone who threatens another with causing them, their family or persons with whom they are closely connected harm that amounts to a criminal offence (homicide, injury, offences against freedom, moral integrity, sexual freedom, privacy, honour or property), where the threat is conditional and the condition does not consist of conduct that is legally due. The penalty is imprisonment of one to five years if the intended aim is achieved (the victim does, refrains from doing, or hands over what is demanded) and imprisonment of six months to three years if it is not achieved. The penalties are imposed in their upper half if the threats are made in writing, by telephone or by any means of communication or reproduction, or in the name of real or supposed entities or groups.

Unconditional threats of harm amounting to a criminal offence (Art. 169.2 CP)

Where a threat of harm amounting to a criminal offence is not accompanied by any condition —the mere announcement of causing the harm—, Article 169.2 CP provides for imprisonment of six months to two years. The absence of any demand or condition is what distinguishes this offence from the previous one and lowers the penalty range.

Threats against collectives and to intimidate the population (Art. 170 CP)

Article 170 CP aggravates the response when threats of harm amounting to a criminal offence are aimed at intimidating the inhabitants of a town, an ethnic, cultural or religious group, or a social or professional collective, or a number of persons: the penalty is increased by one degree over that provided in Article 169. It also punishes those who publicly call for the commission of violent acts by terrorist organisations or groups.

Threats of harm not amounting to a criminal offence (Art. 171.1 CP)

Article 171.1 CP punishes threats of harm that do not amount to a criminal offence (for example, threatening to spread a rumour, file a complaint or take lawful action), provided they are conditional and the condition does not consist of conduct that is legally due, with imprisonment of three months to one year or a fine of six to twenty-four months, having regard to the gravity and circumstances of the act. If the offender has achieved the aim, the penalty is imposed in its upper half.

Blackmail (Art. 171.2 and 171.3 CP)

Blackmail is the most serious form under Article 171. Article 171.2 CP punishes anyone who demands a sum of money or reward from another under threat of revealing or disclosing facts concerning their private life or family relationships that are not publicly known and may affect their reputation, credit or interest, with imprisonment of two to four years if all or part of what was demanded has been obtained and imprisonment of four months to two years if it is not obtained. Article 171.3 CP adds that, where the conduct consists of the threat of revealing or reporting the commission of an offence, the Public Prosecutor may, in order to facilitate the punishment of the threat, refrain from prosecuting the offence whose disclosure was threatened, unless it is punishable with imprisonment exceeding two years.

Minor threats in the gender-based, domestic and vulnerable-person context (Art. 171.4-6 CP)

Paragraphs 4 to 6 of Article 171 CP define minor threats against a person who is or has been the offender's spouse or partner by an analogous relationship of affection, or a particularly vulnerable person living with the offender, with penalties that may include imprisonment, as well as deprivation of the right to possess and carry weapons and disqualifications, with the possibility of imposing the lower-degree penalty in view of the personal circumstances and those of the act.

Defending against a charge of threats requires examining the seriousness, credibility, persistence and capacity of the announced harm to intimidate, as well as the context in which it was made. At the firm of Alonso Sala we study each expression, message or conversation to determine whether the elements of the offence are genuinely present. For an assessment of your case you may contact us on 91 078 65 74.

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Penalties & Consequences: Conditional Threats and Blackmail (Arts. 169-171 CP)

Type / Scenario	Criminal Penalty
Conditional threat (Art. 169.1 CP)	Imprisonment of one to five years if the aim is achieved and six months to three years if it is not; upper half if made in writing, by telephone, by a means of communication or in the name of entities or groups.
Unconditional threat and non-criminal harm	An unconditional threat of harm amounting to an offence (Art. 169.2 CP) carries imprisonment of six months to two years; a threat of harm not amounting to an offence (Art. 171.1 CP) carries imprisonment of three months to one year or a fine of six to twenty-four months.
Blackmail (Art. 171.2 CP)	Imprisonment of two to four years if all or part of what was demanded is obtained and four months to two years if it is not, for demanding a sum or reward under threat of revealing facts about private life.

* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.

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Defense Strategy: Conditional Threats and Blackmail (Arts. 169-171 CP)

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Analysis of the seriousness and capacity of the threat

Not every angry or disproportionate expression is criminally relevant. We examine whether the announced harm was serious, credible, persistent and objectively capable of intimidating, distinguishing it from outbursts, bravado or verbal venting in the heat of an argument.

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Correct classification: conditional, unconditional or blackmail

The penalty varies radically depending on the sub-type. We verify whether there was a genuine condition, whether the harm did or did not amount to an offence and whether the aim was achieved, in order to challenge aggravated classifications and bring the act back within the penalty range that truly applies.

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Evidence, context and mitigating factors

We review the chain of evidence of messages, audio and witnesses, the relational context and possible mitigating or excluding factors, and we also assess routes of reparation or guilty plea where they serve the client's interests.

Crimes Against Persons in Spain: Homicide, Assault and Threats — Defense 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 offenses in Spain, frequently resulting in substantial prison sentences. A robust forensic and legal defense is critical from the first moments of arrest.

Penalty Table: Crimes Against Persons

Offense	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	1 – 5 years

Core Defense Strategies

Self-Defense (Art. 20.4 CP)

The three legal requirements are: unlawful aggression, proportional response, and no 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. Defense focuses on disproving premeditation, treachery, or cruelty — the three murder qualifiers.

Psychiatric Defense / 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.

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Why Choose Us?

Need a criminal defense lawyer for this type of offense? Here's how we work:

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The threat must be serious and credibleThe doctrine of the Supreme Court requires the announced harm to be substantial, credible and genuinely capable of intimidating; expressions made in the course of a heated argument, without serious intent, may fall outside the offence or be downgraded to conduct lacking criminal relevance.

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Existence and nature of the conditionIf the condition demanded consists of conduct that is legally due, or if there was in fact no demand at all, the classification changes. Rigorously distinguishing between Arts. 169.1, 169.2 and 171 CP is decisive for the outcome.

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Whether the aim was achieved or notIn conditional threats and in blackmail, whether or not the offender achieved the aim directly alters the penalty range. Establishing that what was demanded was not obtained significantly reduces the applicable sanction.

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FAQs

What is the difference between a conditional and an unconditional threat?expand_more

A conditional threat (Art. 169.1 CP) imposes a condition or demand on the victim in exchange for not carrying out the harm (for example, handing over money or doing something). An unconditional threat (Art. 169.2 CP) is the mere announcement of harm, without demanding anything. The conditional form carries a higher penalty range: up to five years' imprisonment if the aim is achieved.

What penalty applies to a conditional threat of serious harm?expand_more

Article 169.1 CP provides for imprisonment of one to five years if the offender achieves the intended aim and six months to three years if not. The penalties are imposed in their upper half if the threat was made in writing, by telephone, by a means of communication or in the name of entities or groups.

Is demanding money in exchange for not revealing something private blackmail?expand_more

Yes. Article 171.2 CP punishes blackmail: demanding a sum of money or reward under threat of revealing or disclosing facts about private life or family relationships that are not publicly known and may affect reputation or credit. The penalty is two to four years' imprisonment if what was demanded is obtained and four months to two years if not.

Is it an offence to threaten to report someone unless they pay?expand_more

It can be. If the condition does not consist of conduct that is legally due, threatening to report someone in order to obtain money or an advantage may fall under Article 171, including blackmail under 171.2 where the threat is to reveal the commission of an offence. Article 171.3 CP governs the treatment of such cases. Each scenario requires a detailed analysis.

What happens if the threat was made during a heated argument?expand_more

The doctrine of the Supreme Court requires the threat to be serious, credible and objectively capable of intimidating. Expressions made in the course of an argument, without genuine intent to carry out the harm, may fall outside the offence or be downgraded. Context is an essential defence element.

Are threats by WhatsApp or social media punished more severely?expand_more

Under Article 169.1 CP, making the threat in writing, by telephone or by any means of communication or reproduction —which includes messaging and social media— means the penalty is imposed in its upper half. The digital medium also makes the act easier to prove.

Is threatening with harm that is an offence the same as harm that is not?expand_more

No. If the announced harm amounts to an offence (killing, injuring, assaulting), Articles 169 and 170 CP apply. If the harm does not amount to an offence (spreading a rumour, taking lawful action), Article 171.1 CP applies, with imprisonment of three months to one year or a fine of six to twenty-four months.

Does it affect the penalty whether the person making the threat achieved their aim?expand_more

Considerably. In conditional threats (Art. 169.1) and in blackmail (Art. 171.2), achieving the aim raises the penalty range, while failing to achieve it reduces it appreciably. Establishing that the victim did not hand over what was demanded is a relevant line of defence.

What penalties apply for threatening a collective or the population?expand_more

Article 170 CP increases the penalty by one degree over that of Article 169 when threats of harm amounting to an offence are aimed at intimidating the inhabitants of a town, an ethnic, cultural, religious, social or professional group, or a large number of persons.

Do minor threats in a partner context receive special treatment?expand_more

Yes. Article 171, paragraphs 4 to 6 CP, define minor threats against a person who is or has been the offender's partner or a vulnerable person living with them, with penalties that may include imprisonment, deprivation of the right to possess and carry weapons and disqualifications, with the possibility of a reduction in view of the circumstances.

Can a threats case be dismissed?expand_more

It is possible if the elements of the offence are not present: lack of seriousness or capacity of the threat, absence of intent, no condition, or insufficient evidence. Early analysis of the police report, the messages and the context allows the options of dismissal or reclassification to a less serious offence to be assessed.

How can the firm of Alonso Sala help me?expand_more

We study the classification, the evidence and the context to build the most appropriate defence, whether challenging the offence, bringing the act back to a less serious sub-type or assessing mitigating factors and routes of reparation. You may contact the firm, at Velázquez 27 in Madrid, by calling 91 078 65 74.

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shieldDefense Keys: Conditional Threats and Blackmail (Arts. 169-171 CP)

A conditional threat of harm amounting to a criminal offence (Art. 169.1 CP) carries imprisonment of one to five years if the aim is achieved and six months to three years if it is not.
An unconditional threat of harm amounting to a criminal offence (Art. 169.2 CP) carries imprisonment of six months to two years.
A threat of harm not amounting to a criminal offence (Art. 171.1 CP) is punished with imprisonment of three months to one year or a fine of six to twenty-four months.
Blackmail (Art. 171.2-3 CP) consists of demanding a sum or reward under threat of revealing facts about private life or relationships, with imprisonment of two to four years if what was demanded is obtained.
The seriousness, credibility and capacity of the threat to intimidate are the core of the legal debate and of the defence.

gavelElements of the Crime

check_circleAnnouncement of future harmThere must be an announcement of future harm that is specific, possible and dependent on the will of the person making the threat, directed at the victim, their family or closely connected persons.
check_circleCapacity to intimidateThe threat must be serious and objectively capable of producing intimidation or distress in the victim, assessed in context; an empty or manifestly implausible expression is not enough.
check_circleIntent and, where applicable, a conditionIntent is required: the will to announce the harm and to intimidate. In the conditional forms and in blackmail there must also be a condition or demand (handing over a sum, conduct or reward) that does not consist of conduct that is legally due.

gavelPenal Consequences

Conditional threat (Art. 169.1 CP)

Imprisonment of one to five years if the aim is achieved and six months to three years if it is not; upper half if made in writing, by telephone, by a means of communication or in the name of entities or groups.

Unconditional threat and non-criminal harm

An unconditional threat of harm amounting to an offence (Art. 169.2 CP) carries imprisonment of six months to two years; a threat of harm not amounting to an offence (Art. 171.1 CP) carries imprisonment of three months to one year or a fine of six to twenty-four months.

Blackmail (Art. 171.2 CP)

Imprisonment of two to four years if all or part of what was demanded is obtained and four months to two years if it is not, for demanding a sum or reward under threat of revealing facts about private life.

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