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The protected legal good is the individual's freedom

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發表於 2024-3-16 11:22:22 | 顯示全部樓層 |閱讀模式

To act and requires the interaction of some form of violence that may be physical or psychological. However, in coercion there is greater immediacy between the coercer and the coerced and the element of physical violence must occur . 2. Threats of evil constituting a crime directed against a group Within the aggravated modalities we have two types: Threats aimed at frightening a group. Public complaint of the commission of violent actions by terrorist orgaion, ethnic, cultural or religious group, or social or professional group , or any other group of people and have the necessary severity to achieve this. The penalties are higher in degree than those provided for in article 169 of the Penal Code. Public complaint of the commission of violent actions by terrorist organizations or groups Those who, with the same purpose and severity as the section above, publicly demand the commission of violent actions by terrorist organizations or groups, are punished with a prison sentence of 6 months to 2 years.

Certainly, this type of criminal offense specifically punishes the following preparatory acts: the public dissemination of messages or slogans that have the purpose or are suitable to incite others to commit terrorist crimes and public incitement to commit them. 1. If the threats of an evil that constitutes a crime are aimed at frightening the inhabitants of a population, ethnic, cultural or religious group, or social or professional group, or any other DM Databases group of people, and have the necessary severity to achieve this, Penalties higher in degree than those provided for in the previous article will be imposed respectively. 2. Those who, with the same purpose and severity, publicly demand the commission of violent actions by terrorist organizations or groups, will be punished with a prison sentence of six months to two years. Article 170 of the Penal Code 3. Threats (conditional) of harm that do not constitute a crime Threats of an evil that does not constitute a crime are punished only when it is conditional and the condition does not consist of proper conduct .



Regarding the content of the evil to which this type refers, since it cannot be a crime, it will have to be any other illegal act contrary to Administrative, Labor or Civil Law. Let's take an example: requiring the psychologist who works with him to sign certifications of medical examinations in which she does not intervene or in which there is no evidence to support it, under threat of dismissal. The penalty depends on whether or not the guilty party achieves his goal : Conditional threats of evil that do not constitute a crime will be punished with imprisonment of 3 months to 1 year or a fine of 6 to 24 months, depending on the severity and circumstances of the act, when the intended purpose is not achieved. If the author of the threat achieves his objective, the sentence will be imposed in its upper half. 1. Threats of an evil that does not constitute a crime will be punished with a prison sentence of three months to one year or a fine of six to 24 months, taking into account the severity and circumstance of the act, when the threat is conditional and the condition does not consist of proper conduct.

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