Lawyer for the Offence of Coercion (Art. 172 CP)
Specialist criminal defence against accusations of coercion under Article 172 of the Spanish Criminal Code, in its basic, aggravated and minor forms.
Last updated:
What the offence of coercion is
The offence of coercion is governed by Article 172 of the Spanish Criminal Code and protects a person's freedom of action, that is, their ability to act according to their own will without unlawful impositions. Article 172.1 CP punishes anyone who, without being lawfully authorised, prevents another by violence from doing what the law does not prohibit, or compels them to do what they do not wish to do, whether just or unjust.
The core of the offence is violence, understood not only as physical force against the person (vis física), but also, in line with the settled doctrine of the Spanish Supreme Court, as force exerted on objects (vis in rebus) that affects another's freedom, and even equivalent intimidation. What matters is that the conduct is capable of overcoming the victim's will and is carried out without lawful authorisation and with the intent to restrict another's freedom.
Penalties under Article 172 CP
Article 172.1 CP provides a penalty of prison of six months to three years or a fine of twelve to twenty-four months, depending on the seriousness of the coercion or the means used. The choice between prison and a fine, and its specific length, depend on the gravity of the act, which leaves significant room for a defence aimed at the least burdensome penalty.
Aggravated and minor coercion
Article 172.1 CP itself provides for the penalty to be imposed in its upper half in two situations: where the coercion is intended to prevent the exercise of a fundamental right, or where it seeks to prevent the lawful enjoyment of a home. These aggravations require a direct link between the coercive conduct and the right affected.
Article 172.2 CP governs coercion within the sphere of gender-based and domestic violence, where the victim is or has been a spouse or person bound by a similar emotional relationship, or a particularly vulnerable person living with the perpetrator, with prison penalties and the possibility of imposing the penalty in its upper half where the offence is committed in the presence of minors, in the shared home or that of the victim, or by breaching a penalty or precautionary measure.
For its part, Article 172.3 CP covers minor coercion, punished with a fine of one to three months. Where the victim is one of the specially protected persons referred to in Article 173.2 CP, the penalty is increased (permanent location order of five to thirty days, community service of five to thirty days, or a fine of one to four months, as applicable). Whether conduct is classified as minor or as the offence under Art. 172.1 CP is one of the most disputed points in these proceedings.
Distinction from related offences
Coercion differs from threats (Arts. 169 to 171 CP) in that coercion requires an actual restriction of freedom through violence, whereas a threat announces a future harm. Where the conduct completely deprives the victim of freedom of movement, unlawful detention (Arts. 163 et seq. CP) may come into play. And in many cases, what is presented as coercion is in fact a civil dispute (neighbourhood, contractual, tenancy or corporate) with no criminal relevance. Drawing these distinctions rigorously is central to the defence.
Defence strategies
The defence against a coercion charge starts with a technical analysis of each element of the offence: the existence and gravity of the violence, the absence of lawful authorisation, the suitability of the conduct to overcome another's will, and intent. Showing that the accused was acting in the lawful exercise of a right, that there was no criminally relevant violence, or that the matter belongs to the civil sphere can lead to dismissal or acquittal.
At the Alonso Sala firm, based at Velázquez 27, Madrid, we handle each coercion case from the investigation stage, working on the evidence, the legal classification and, where appropriate, the reduction to the minor form of Art. 172.3 CP. For an initial assessment of your case, you can call 91 078 65 74.
Penalties & Consequences: the Offence of Coercion (Art. 172 CP)
| Type / Scenario | Criminal Penalty |
|---|---|
| Coercion (Art. 172.1 CP) | Prison of six months to three years or a fine of twelve to twenty-four months, depending on the seriousness of the coercion or the means used. |
| Aggravated form (upper half) | The penalty is imposed in its upper half where the coercion seeks to prevent the exercise of a fundamental right or the lawful enjoyment of a home. |
| Minor coercion (Art. 172.3 CP) | A fine of one to three months, increased where the victim is a person specially protected by law (Art. 173.2 CP). |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Defense Strategy: the Offence of Coercion (Art. 172 CP)
Challenging the presence of violence
We analyse whether the conduct charged contains the violence or intimidation required by Art. 172.1 CP, since without that element there is no offence of coercion but, at most, a dispute outside the criminal sphere.
Lawful exercise of a right
We show that the accused was acting under a right or lawful authorisation (contractual, possessory or legal), which rules out the unlawfulness of the coercive conduct.
Reduction to minor coercion
Where the facts are of limited gravity, we work towards their classification as minor coercion under Art. 172.3 CP, punishable by a fine, rather than the offence under Art. 172.1 CP.
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.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.