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Keep the full context of what happened.
We study the content, reiteration and circumstances of communications and behaviors. Isolated messages can give an incomplete picture: we work with the original conversations and with the proof to place them in their context.
Threats, coercion and harassment are different types. An interpersonal conflict does not automatically prove a crime. The requirements of protective measures should also be checked and their adoption should not be confused with a conviction.
Understanding to Decide
Anonymised case study
An investigation into harassment arose in a context of family and property conflict. Proceedings were conducted to assess whether the conduct had a criminal entity.
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One allegation of threats was based on demonstrations attributed to another person and messages exchanged in a context of personal conflict.
Read moreAnonymised case study
In an investigation into possible harassment, the complaint referred to documentation that could corroborate his account. The court required his contribution to contrast the versions.
Supreme Court · Second Chamber
Supreme Court · Second Room · 2026
The court upheld a conviction for gender-based coercion after a husband cancelled electricity to the home occupied by his wife following separation. It considered his purpose of forcing her to leave.
ECLI:ES:TS:2026:2963
Read moreSupreme Court · Second Room · 2024
The Supreme Court upheld convictions for serious coercion and an offence against the administration of justice during a campaign against a business. It considered the specific acts attributed to each participant.
ECLI:ES:TS:2024:3424
Read moreSupreme Court · Second Room · 2023
The plenary court upheld an acquittal on threats because the intention that the words reach the intended recipient was not established. A dissenting opinion supported a different outcome.
ECLI:ES:TS:2023:1557
Read moreAnswers to guide you
19 Brief answers with references to official regulations.
The threat announces an evil with intimidating relevance. The insult affects honour; its treatment depends on the content, context and requirements of each crime.
Consult this service ↗See FAQ ↗No. You can communicate by messages, calls, or other means. Their content, addressee, seriousness and circumstances should be examined.
Consult this service ↗See FAQ ↗Yeah. The execution of the evil announced is not necessary for any threat. It matters that the elements of the type concrete are demonstrated.
Consult this service ↗See FAQ ↗The existence of a debt does not authorize any pressure. The medium used can fit into threats or coercion, depending on the facts.
Consult this service ↗See FAQ ↗They consist, in the basic assumption, of preventing with violence what the law allows or compels to do what is not wanted, without legitimate authorization.
It can be according to the right of use, purpose and means employed. The judicial system should be used and the possessory situation should be examined.
Yes, if it integrates a coercive behavior. Being a contract holder does not automatically authorize the use of the supply to force the exit of another person.
The law requires persistent and repeated behaviors, without legitimate authorization, that alter the normal development of daily life in the terms of article 172 ter.
The crime of harassment requires insistence and repetition. An isolated message may have another relevance, but it does not meet those requirements alone.
No. You can keep messages and other evidence. The blockade alone does not determine the absence of prior criminally relevant conduct.
Yeah. The Spanish Criminal Code foresees specific assumptions, in addition to the general regulation. The relationship does not legitimize the imposition of decisions through criminally relevant pressure.
Article 172 ter contemplates certain non-consensual uses of the image that cause harassment, harassment or humiliation. Your requirements must be met.
The law provides for advertisements for ills directed at relatives or other intimately related persons. It is necessary to analyze the content and concrete assumed.
A restraining or communication interim measure may be requested if the legal requirements are met and is necessary and proportionate.
There is no need to generate new contacts. Existing originals should be preserved and any risk or new incident transferred to the competent authorities.
They can be provided, but their authenticity and context can be discussed. Keep the device, originals and complete conversation when possible.
They must not be reduced to blows. The valuation includes the specific way to impose or prevent conduct and its fit in the interpretation of the type.
No. The words, the context, the entity of evil and the other required elements must be examined; a bad relationship is not enough.
Consult this service ↗See FAQ ↗A chronology, original contacts, routine changes, witnesses, and previous resolutions help to assess repetition, its effects, and possible measures.
Spanish Constitutional Court
Violation of the rights of defence and legal aid: lack of provision of counsel in criminal cases where legal aid is not mandatory....
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Messages are making you feel unsafe. Can one screenshot explain what happened? Preserve the full conversation and consider the context.
If there is immediate danger, put safety first and seek help. When safe, keep original messages, dates and details of possible witnesses. You do not need to keep replying to obtain more evidence. Do not publish private conversations or access another person's accounts without permission.
Threats, coercion and harassment have different legal requirements in Spain. The words used, the conduct demanded, repetition where relevant and the impact on the person all matter. Existing court measures also need checking. If a complaint is made against you, preserve the context and obtain legal assistance.
At penal.info, we assess protection, claims and defence options. Prepare a clear timeline and the available files. The whole situation matters, rather than only the most striking sentence.
Book an appointment with María Morales at penal.info.
Time to listen
Consult with María Morales Elbaz, lawyer in Madrid.