Crimes against legitimate enjoyment of the dwelling
Usually, the examples of coercion crime that come to our minds, are those crimes in which the perpetrator forces the victim to perform an act, but other conducts are also understood as coercion crimes. We will talk about the coercion perpetrated to disturb the use and enjoyment of the habitual residence, something that happen in many cases where the landlord wants to coerce the tenant to leave the property, even if a rental contract has been signed and tenants are legitimized to inhabit the home.
In order to a better understand the crime of coercion, it is also necessary to know what is said about intimidation in the Penal Code. Specifically, the Supreme Court has defined it as "the announcement of an immediate, personal, serious and possible harm that inspires or awakens in the victim a feeling of uneasiness, anguish or fear of possible imaginary or real harm".
Penalties will be increased from the basic type when coercion aims to prevent the exercise of a fundamental right of the victim or to prevent the legitimate enjoyment of the residence place. This criminal conduct can be committed, for example: placing a padlock on the access door to a property bloking tenant access, suspending basic supplies such as wáter or electricity and others, or with evidence of emails or WhatsApps that probe a continued coercion or harassment suffered.
Penalties for harassment and coercion in a private residence
The article 172.1 of the spanish Penal Code consider that when the coercion goes so far as to prevent the legitimate enjoyment of the dwelling have a penaltie from one year and three months to three years imprisonment or a fine of 18 to 24 months. Also the art. 173.1 classifies a crime against moral integrity as harrasment, when constantly exists an hostile or humiliating acts that without degrading treatment, are intended to prevent the legitimate enjoyment of the home.
nevertheless, the judge must evaluate many parameters as: the expressions made, the intention, the circumstances of the perpetrator and his personality, the manner of commission, etc. Therefore, there is a wide margin of interpretation and a grade scale of valuation.
blockbusting or real estate harrasment
Blockbusting is a business practice born in the United States in which real estate agents and building developers convinced residents in a particular area to sell their property at below-market prices.
An illegal real estate practice. An example is agents spreading rumors of a certain area's decline in property value due to a specific ethnic group moving into that area. Another example is the calling of property owners and urging them to sell.
If you need a defense attorney in Marbella to assist you in a case of coercion or harassment in habitual residence contact our specialized law firm in Criminal Law . We are here to reply your questions and ensure that your rights are properly defended .
Telephone: +34 951 052 811
Whatsapp: +34 643 89 04 96
Spanish Penal Code. crime of coercion
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