Threat and Coercion

• Article 153º of the Penal Code

  Threat

  It consists of threatening someone with the practice of a crimeagainst:

  • Life
  • Physical integrity
  • Personal freedom
  • Sexual freedom and self-determination
  • Assets of considerable value

  The threat offender resorts to intimidation to provocar in the victim the feeling of fear or restlessness or impairing their freedom of determination.

  Practical examples

  I'm going to kill you! - …

  Sometimes the threat is made by other people, targeting the victim – i.e. by an intermediary person.

  Example: Tell him I'm going to kill him!

• Article 154º of the Penal Code

  Coercion

  Corresponds to the conduct of, through violence or threat of major evil, compelling someone to an action or omission, or a supporting an activity.

  Unlike the direct threat, coercion actively forces the victim to engage in unwanted behaviour against their own will through fear or physical strength.

  Practical example

  If you don't sign this document, I will harm you and your entire family!

How does the victim feel?

What to do?

• Semi-public crime

  Threat Procedure

  Because threat is a semi-public crime, in order for criminal proceedings to be initiated, it is necessary that the victim himself lodges a complaint with any facilities of the Public Security Police (PSP), the Republican National Guard (GNR) or the Judicial Police (PJ), or even directly with the Public Prosecutor's Office, receiving, without the need for a request, an proof of registration of the complaint.

  Extinctive Complaint Time: The victim has six months from the date he/she became aware of the threat and its perpetrator(s). If this time limit is exceeded, the victim's right to lodge a complaint is extinguished and the victim can no longer act.

  There is no need to appoint a lawyer to file a complaint. If the victim wishes, he can hire one. If you do not have sufficient financial means, you can make an Application for Legal Aid with Social Security for free support.

• Public crime

  Procedure for Coercion

  coercion is defined as a public crime, therefore the initiation of criminal proceedings does not depend on the filing of either a complaint or a private accusation.

  The process starts by the Public Prosecutor's Office which will investigate as soon as it becomes aware of the crime, whether by means of the complaint, of its own knowledge or through the Criminal Police Bodies (PSP, GNR, PJ).

  Important exception:

  However, if the victim and the offender are spouses, ascending and descending, adopting and adopted, or persons, of another or the same sex, who live in a situation similar to that of spouses, the criminal procedure depends on the victim's own complaint.