The crime of coercion committed by the landlord

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Sometimes, when a lease starts to cause problems and the landlord and tenant cannot agree, the landlord may be tempted to take the law into his own hands , which can lead to the commission of a crime. The Penal Code contemplates two different crimes that aim to protect the legitimate enjoyment of housing, and one of them is the crime of coercion. In this article we are going to analyze the situations that can give rise to this crime. We can help you At Dexia Abogados we are lawyers specializing in crimes of coercion . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What does the crime of coercion consist of? The crime of coercion is regulated in article 172 of the Penal Code, within title VI, dedicated to crimes against freedom, of book II. The basic type of the crime of coercion is found in the first section of the article.

Whoever, without being legitimately authorized, prevents another with violence from doing what the law does not prohibit, or compels him to do what he does not want, whether just or unjust, will be punished with a prison sentence of six months to three. years or with a fine of 12 to 24 months, depending on the severity of the coercion or the means used. [...] Article 172 of the Penal Code The coercion exercised by the landlord is contemplated in the third paragraph of the same section , which contemplates an aggravating circumstance in the event that the coercion is intended to prevent DM Databases the legitimate enjoyment of the home, which is a fundamental right that receives special protection from the law. legal. The penalty in this case is imprisonment from 1 year and 9 months to 3 years. It is, therefore, a less serious crime . The punishable conduct consists of using violence to prevent another from enjoying the home of which they have legitimate possession.



As established in the article, there is no crime of coercion if there is no use of violence. The most common thing is that the crime of coercion is perpetrated as a minor crime , provided for and punished in article 172.3 of the Penal Code. In this case, it will only be prosecutable through a complaint from the aggrieved party, so if the tenant does not file a complaint, he or she may go unpunished. The crime of coercion is a crime of result in its basic type , since it is committed when a result occurs: preventing another from doing what the law does not prevent or forcing him to do what he does not want. The purpose of this aggravating circumstance is to punish actions taken by any person (usually the owner or landlord) of a home who wants to cause the tenant or occupant to abandon it, and which materialize in acts such as cutting off supplies, changing the lock. and others similar. Sometimes, the owner believes he has the right to force a tenant who does not pay, or who does not comply, to leave the home, and thinks that he can enter the property he owns, without realizing that having the property is not the same.