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Coercion

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The compulsion is a type of action that is also known by the name of private violence which can be exercised in different ways so that in this way a person can say or do things that are against their will , in other words to obey the person who is exercising the coercion.

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What is coercion?

Coercion is that force , pressure or physical , moral or psychic violence that is exerted on a certain individual so that they can be forced to say or do something against their own will .

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  • Definition
  • Types
  • Legislation by country
  • Pain
  • Prescription
  • How it differs from coercion
  • Examples of coercion

Definition

Coercion is a term that can be used in various fields including psychology , sociology , law, and political science . In the field of law, the term coercion refers to the legitimate power by which a certain person has the total right to exercise power and to enforce the laws . In this case, the only one with legitimate power to coerce is the State .

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For this reason, coercion in the laws must be established within the penal code of each of the countries where the legislation is active so that it is in this way that it is stipulated which are the different behaviors that will be subject to a punishment by the same State.

In the case of the field of criminal law , coercion is that type of crime by means of which force or violence can be used with the aim of being able to prevent a person from doing or saying or carrying out an activity that does not you are sanctioned by the law or that likewise, acting in against of his will .

Types

There are several types of coercion, including the following:

  • Basic crime of coercion : this type of coercion occurs when, without being legitimately authorized, a person is prevented through violence from doing what is not prohibited by law.
  • Crime of coercion of fundamental rights : occurs when coercion prevents the fundamental rights of individuals from being fulfilled.
  • Offense of coercion due to impediment to the enjoyment of a home : the crime is based on the fact that a person prevents in some way that another can enjoy a home.
  • Crime of spousal coercion or in common-law couples : this type of coercion includes any individual who forces a partner who has been with him to remain by his side even if they do not live together.
  • Mild coercion offense : this type of act is only done when a person reports a grievance .

Legislation by country

Spain

In Spain , the crime of coercion is regulated by the country’s Penal Code in article 172 and is defined as a crime against the freedom of the individual through the use of violence.

Mexico

The definition of coercion is given by the Mexican Legal Dictionary of the Supreme Court of Justice of the Nation . Sanctions are given through the legal order and by state legal institutions. The crime can be the cause of fines, arrests and embargoes.

Colombia

In Colombia, coercion is regulated by the Penal Code specifically in article number 172 and is seen as a crime against the freedom of people. You can be sentenced to jail mainly if there is coercion of the fundamental right and housing.

Argentina

In Argentina, the crime of coercion involves the force with which a person is forced or prevented from doing something against their will. It is found in the Argentine Penal Code in article number 149 bis , in the second paragraph . The penalty that is established in this country is the position of two to four years

Pain

The penalties for the basic crime of coercion have a penalty ranging from six months to three years and also include a fine depending on the severity of the coercion related to the means that have been used. When there is a coercion of fundamental rights , a penalty can be given in the upper half unless the penalty is indicated in another provision of the Code .

As for the crime of coercion against spouses or domestic partners , they have a penalty that lasts six months or a year and in some places work for the community is included for a month or up to eighty days . If this type of coercion has been done with a weapon , then the prison sentence may be six months or one year . The crime of mild coercion has a penalty of fine ranging from one to three months.

Prescription

Some of the most important reasons for the prescription of the crime of coercion is the death of the accused or pardon . However, there are also some assumptions that include the prescription . This limitation period will also depend on the penalty associated with the crime that has been committed. In general , the limitation periods are established within the criminal code and among them we find:

  • 20 years : in case the maximum penalty is imprisonment for fifteen or more years.
  • 15 years : when the maximum penalty is for disqualification of more than ten years or when one has been in prison for more than ten years up to fifteen.
  • 10 years : the maximum penalty that has been established by law is imprisonment or disqualification for five years but not to exceed ten.
  • 5 years : corresponds to all other crimes.

How it differs from coercion

The terms coercion and coercion are quite similar and are in fact also considered synonymous . Both imply the performance of actions in which individuals do not have the freedom or the ability to rule over their behaviors since they are threatened either to their person or to a third person.

In case of any difference, it could be mentioned that coercion refers mainly to a more direct and objective type of pressure , which is why it is considered a pressure mechanism before a person, while coercion is an action that is carried out in so indirect and objectively what makes a sense of risk occurring actual , more subtle and more difficult to be able to check if a legal procedure is performed.

Examples of coercion

Some examples of coercion are mentioned below:

  • When an individual takes advantage of a person who is about to die and forces him to sign a document or a will.
  • When credit cards or some supply houses call a customer threateningly.
  • The pressure exerted by some of the social corporations against the State and force it to recognize its interests.
  • A person who marries another being obligated by the family.
  • A person who is used to visiting the workplace of another person who, despite not threatening directly, harasses him with his presence.

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