Crimes of Threat, Coercion, and Illegal Detention: A Legal Analysis
Crimes of Threat, Coercion, and Illegal Detention
Differences Between Threat, Coercion, and Illegal Detention
Threat affects free will formation, while coercion constrains the exercise of already formed will and freedom of action. Illegal detention is differentiated from coercion by the time factor: a brief deprivation of liberty constitutes coercion, while a more extensive deprivation constitutes detention.
Legal Case Analysis: Joaquin and Svetlana
Joaquin’s actions constitute a crime of prostitution under Article 188 of the Spanish Penal Code. This absorbs the psychological threat/coercion and deprivation of liberty inherent in the crime. However, the passport withdrawal constitutes a separate limitation of movement. The unlawful detentions on the 20th and 27th are separate offenses, assessed in competition with each other.
Proposed Reform of Article 187 of the Penal Code
Key Changes
- Increased maximum penalty from 4 to 5 years.
- Inclusion of individual transactions for sexual relationships with minors.
- Exacerbated penalties for victims under 13 years old.
- Explicit relationship with other sexual offenses through a bankruptcy clause.
Reckless Homicide and Omission of Relief
If the offense is deemed intentional, the omission of qualified assistance is absorbed. However, if the danger is not under the agent’s control, it could be considered reckless homicide in conjunction with the omission.
Crime of Constraint (Article 315)
If “A” individually forces “B” to join a strike, it constitutes a crime of constraint under Article 315. Since the right to not strike is fundamental, the basic type of constraint under Article 172 applies, with a penalty of six months to three years imprisonment or a fine.