The basic type of this crime includes two conducts, preventing the passive subject from carrying out actions not prohibited by law and forcing the victim to do something against his will.
In the first type, the active subject uses violence against the victim to prevent the victim from carrying out an action that he/she voluntarily wants to carry out, provided that it is not punishable by law. To be considered a crime, the accused cannot be legitimately authorized to restrict the victim’s freedom.
In the second conduct, the ultimate objective of the accused is to force the passive subject to perform acts or actions contrary to his intentions. For this purpose, force is used, influencing the victim’s decisions to do what he or she wants to do.
In both cases, the defendant uses violence to achieve his purpose. The intensity of the violence exercised on the victim must be such that it can condition the attitude of the passive subject, restricting his freedom. Likewise, the concept of violence encompasses three modalities:
- Physical violence: This is physical harm caused to the victim.
- Intimidation: It is the announcement of a severe and immediate evil.
- Violence or force in things occurs when the accused causes material damage to the victim, altering the normal development of the victim.
This crime will be punished with a prison sentence of six months to three years or a fine of 12 to 24 months, depending on the seriousness of the coercion or the means used.