Threats and Coercion under Criminal Law
Threats
Definition
A threat is a statement or action that expresses an intention to inflict pain, injury, damage, or other hostile action on someone or something.
Types of Threats
Threat of an Evil that is a Crime
This type of threat can be conditional or unconditional.
- Conditional Threat (Art. 169.1 CP): A threat made requiring a payment or imposing any other condition, even if not illegal. This carries a prison sentence of 1 to 5 years.
- Unconditional Threat (Art. 169.2 CP): A threat that is not conditional. This carries a prison sentence of 6 months to 2 years.
Other types of threats include:
- Threats against a Group (Art. 170.1 CP): Threats directed at a population, ethnicity, collective, or any other group of people, with sufficient gravity to frighten the group.
- Terrorist Threats (Art. 170.2 CP): Threats involving the commission of terrorist acts.
Threat of an Evil Not Constituting a Crime
- Conditional Threat with Improper Conduct (Art. 171.1 CP): A threat conditioned on improper conduct, such as not becoming pregnant or living with a same-sex partner. This is differentiated from a simple notice, such as a threat of not renewing a lease for nonpayment.
Coercion
Definition
Coercion involves preventing another person from doing what the law does not prohibit or compelling them to do what they do not want to do, through the use of violence or force.
Elements of Coercion
- Violence: Physical force directed at a person.
- Intent (Dolo): The perpetrator must intend to use violence or force to achieve their objective.
- Result: Coercion is a crime of result, meaning the intended outcome must be achieved.
Types of Coercion
- Basic Coercion (Art. 172 CP): Violently preventing someone from doing something legitimate or forcing someone to do something they do not want to do.
- Qualified Coercion (Art. 172.1 CP): Coercion designed to prevent the exercise of a fundamental right, which carries a higher penalty.
Attempted Coercion
If the intended purpose is not achieved despite the use of violence or intimidation, the concepts of finished or unfinished attempt apply.
Justification for Coercion
While coercion is generally illegal, there are certain situations where it is justified:
- Preventing Suicide: Using necessary force to prevent someone from taking their own life.
- Coercive Medical Treatment: Compulsory medical treatment to protect public health, such as mandatory vaccination during an epidemic, or to provide necessary care, such as force-feeding a terminally ill anorexic patient.
- Vindictive Hunger Strikes: Intervening in a hunger strike when the inmate’s life is at risk due to severely impaired decision-making capacity.