Defence for the accused and action for victims · Author: Francisco Javier Martín Porras, criminal lawyer and court expert · SCJE team
Article 173 of the Criminal Code protects something as basic as not being humiliated: it punishes degrading treatment that seriously undermines moral integrity, workplace harassment, real-estate hounding and habitual violence in the home. Articles 174 to 176 punish torture and abuses by authority. We defend victims of sustained humiliation and accused persons on ground where the line between conflict and offence demands fine analysis.
In brief. In brief. Degrading treatment: prison of 6 months to 2 years (art. 173.1). Workplace harassment and real-estate hounding are expressly criminalised. Habitual violence (art. 173.2): 6 months to 3 years, in addition to the specific offences. Torture by authority: up to 6 years plus absolute disqualification.
Article 173.1 punishes degrading treatment that seriously undermines moral integrity, and expressly criminalises workplace harassment (repeated hostile or humiliating acts within a relationship of superiority amounting to serious harassment) and hounding aimed at preventing the legitimate enjoyment of a dwelling. Seriousness is the filter: isolated low-intensity humiliations remain outside. Article 173.2 punishes habitual physical or psychological violence against partners, ex-partners, descendants, ascendants or cohabitants, with prison of 6 months to 3 years, without prejudice to the penalties for each specific act; habituality attends to the number of acts and their proximity. Articles 174 to 176 punish torture and abuses by public officials.
Our practice on both sides: for victims, the pattern is proved by documented accumulation (dated episodes, messages, medical reports, workplace files), with immediate preservation of digital evidence; for the accused, we attack the inflation of vague episodes demanding specificity, because without datable facts there is no punishable climate but a narrative.
| Conduct | Article | Content | Penalty |
|---|---|---|---|
| Degrading treatment | Art. 173.1 CP | Serious undermining of moral integrity | 6 months to 2 years of prison |
| Workplace harassment | Art. 173.1 CP | Repeated hostile acts in relationship of superiority | 6 months to 2 years of prison |
| Real-estate hounding | Art. 173.1 CP | Preventing the legitimate enjoyment of the dwelling | 6 months to 2 years of prison |
| Habitual violence | Art. 173.2 CP | Climate of violence over the family nucleus | 6 months to 3 years, plus each specific act |
| Minor family vexations | Art. 173.4 CP | Lesser episodes, prosecutable only upon complaint | Permanent localisation or fine |
| Torture | Art. 174 CP | Purpose of investigation, punishment or discrimination | 2 to 6 years plus absolute disqualification 8-12 |
| Official abuse | Art. 175 CP | Attack on moral integrity without amounting to torture | 2 to 4 years (serious) or 6 months to 2 years |
| Consenting superior | Art. 176 CP | Permitting subordinates’ torture or abuse | Same penalties as the perpetrator |
Summary drawn from the Spanish source page for orientation purposes. The applicable provisions are those of the Criminal Code in force at the relevant time; each case requires individual analysis by a criminal lawyer.
Original commentary by the firm on articles 173 to 177 CP. Seriousness and reiteration are the borders of these offences: for victims, we build the pattern with documented and dated evidence; for the accused, we demand specificity, because vague accumulations do not constitute a punishable climate.
Criminal mobbing requires seriousness, reiteration and superiority: the case is built with the employment file, internal complaints and the labour inspection, in parallel with the labour courts.
Art. 173.2 punishes the climate in addition to each act: dated episodes with their own evidence sustain the habituality; protection orders accompany the criminal route.
Without datable facts there is no punishable climate: the defence demands specificity episode by episode and reviews the digital evidence of each one.
Torture and official abuse are proved with immediate medical reports, dated photographs and early reporting; the preservation of premises recordings is requested on day one.
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