Article 171 Spanish Criminal Code: Conditional threats, blackmail and threats within the family

Quick answerArticle 171 of the Spanish Criminal Code punishes conditional threats of harm that would not itself be a criminal offence, with three months to one year of imprisonment or a fine of six to twenty-four months; blackmail, consisting in demanding money under threat of disclosing private matters, with two to four years where the payment is obtained; and minor threats in the domestic and gender-violence context, with six months to one year of imprisonment or community service.

Article 171 covers the threat of harm which does not in itself constitute an offence, blackmail by the threatened disclosure of private facts, and the slight threat directed at a present or former partner or at the persons listed in Article 173.2. The penalty frames differ substantially between each of those modalities.

Also cited as: article 171 Spanish Criminal Code · art. 171 CP · Spanish Penal Code article 171 · artículo 171 del Código Penal.

Wording of Article 171 of the Spanish Criminal Code

1. Threats of harm not constituting a criminal offence shall be punished with imprisonment of three months to one year or a fine of six to twenty four months, having regard to the seriousness and circumstances of the act, where the threat is conditional and the condition does not consist of conduct which is owed. Where the offender has achieved the purpose pursued, the penalty shall be imposed in its upper half.

2. Where a person demands from another a sum of money or a reward under the threat of revealing or disseminating facts concerning private life or family relations which are not publicly known and which may affect reputation, credit or interests, that person shall be punished with imprisonment of two to four years if the whole or part of what was demanded was delivered, and of four months to two years if it was not.

3. Where the act described in the preceding paragraph consists in the threat of revealing or reporting the commission of a criminal offence, the public prosecutor may, in order to facilitate the punishment of the threat, refrain from prosecuting the offence whose revelation was threatened, unless that offence is punishable by imprisonment exceeding two years. In the latter case, the judge or court may reduce the penalty by one or two degrees.

4. Whoever slightly threatens a person who is or has been the spouse, or a woman who is or has been bound to the offender by an analogous relationship of affection even without cohabitation, shall be punished with imprisonment of six months to one year or with community service of thirty one to eighty days and, in all cases, deprivation of the right to possess and carry weapons for one year and one day to three years, as well as, where the judge or court considers it appropriate in the interest of the minor or of the person with a disability in need of special protection, special disqualification from the exercise of parental authority, guardianship, curatorship, custody or fostering for up to five years.

The same penalty shall be imposed on whoever slightly threatens a particularly vulnerable person who cohabits with the offender.

5. Whoever slightly threatens with weapons or other dangerous instruments any of the persons referred to in Article 173.2, other than those covered by the preceding paragraph of this article, shall be punished with imprisonment of three months to one year or community service of thirty one to eighty days and, in all cases, deprivation of the right to possess and carry weapons for one to three years, as well as, where the judge or court considers it appropriate in the interest of the minor or of the person with a disability in need of special protection, special disqualification from the exercise of parental authority, guardianship, curatorship, custody or fostering for a term of six months to three years.

The penalties laid down in paragraphs 4 and 5 shall be imposed in their upper half where the offence is committed in the presence of minors, or takes place in the common home or in the home of the victim, or is carried out in breach of a penalty of those contemplated in Article 48 of this Code or of a precautionary or security measure of the same nature.

6. Notwithstanding the provisions of paragraphs 4 and 5, the judge or court may, giving reasons in the judgment and having regard to the personal circumstances of the offender and to those attending the commission of the act, impose the penalty of the next lower degree.

7. Outside the preceding cases, whoever slightly threatens another shall be punished with a fine of one to three months. This act shall be prosecutable only upon complaint by the aggrieved person or by the legal representative of that person.

Where the offended party is one of the persons referred to in paragraph 2 of Article 173, the penalty shall be permanent location of five to thirty days, always in a dwelling different from and distant from that of the victim, or community service of five to thirty days, or a fine of one to four months, the latter only in the cases in which the circumstances set out in paragraph 2 of Article 84 are present. In these cases the complaint referred to in the preceding subparagraph shall not be required.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.

Sentencing range. From a fine of one to three months for a slight threat between unrelated persons to imprisonment of two to four years for blackmail where the sum demanded was obtained. The slight threat directed at a present or former partner carries imprisonment of six months to one year or community service and, in all cases, deprivation of the right to possess and carry weapons.

Key facts

Protected interest Personal liberty and security, understood as the right to live free of the fear caused by the announcement of harm.
Structure of the provision Conditional threats of non-criminal harm in paragraph 1; blackmail in paragraphs 2 and 3; minor threats in the gender-violence and domestic context in paragraphs 4 to 7.
Completion The offence is complete when the threat reaches the person it is aimed at. Neither the carrying out of the harm nor the fulfilment of the condition is required.
Trial court Criminal Court as a rule, none of the penalties exceeding five years. Court for Violence against Women for the investigation of paragraph 4 cases.
Procedure Preliminary proceedings and abbreviated procedure. Fast-track trial in paragraph 4 cases where the requirements of Article 795 of the Criminal Procedure Act are met.
Limitation period Five years, under Article 131 of the Criminal Code.
Suspension of sentence Available where the sentence does not exceed two years, under Article 80, subject to the specific rules for gender-violence offences.
Boundaries With Article 169, which requires the threatened harm to be a criminal offence, and with extortion and coercion under Article 172.

Elements of the offence

  1. An announcement of future harm which is serious, credible and determinate, brought to the knowledge of the person threatened.
  2. In paragraph 1, harm which does not in itself amount to a criminal offence, together with a condition which does not consist of conduct which is owed.
  3. In paragraph 2, a demand for money or a reward supported by the threat of revealing facts concerning private life or family relations which are not publicly known and are capable of affecting reputation, credit or interests.
  4. In paragraphs 4 and 5, the family or partner relationship described in Article 173.2, which converts a slight threat into a criminal offence.

Defence strategy

Seriousness and credibility of the announcement. Expressions uttered in the heat of an argument, hyperbolic in form or immediately withdrawn lack the seriousness which the offence requires. The context, the wording and the reaction of the person addressed are the elements which allow the conduct to be reclassified as a slight threat or as no offence at all.

The condition which is owed. Paragraph 1 does not apply where the condition attached to the threat consists of conduct which the person threatened is legally obliged to perform. The lawful demand of a debt or of the fulfilment of an obligation, however forcefully expressed, falls outside the provision.

Blackmail distinguished from lawful pressure. Paragraph 2 requires that the facts threatened with disclosure be capable of affecting reputation, credit or interests and not be publicly known. Announcing the exercise of a right, including the lodging of a complaint, in the course of a negotiation is not in itself the offence, and paragraph 3 confers on the prosecution a specific power of abstention.

Reduction under paragraph 6. In the family and partner cases, paragraph 6 expressly permits the penalty of the next lower degree where the personal circumstances of the offender and those of the act so justify. The absence of any history of violence, a reciprocal conflict and the passage of time without further incident are the factors habitually relied upon.

Requirement of a complaint. The slight threat of paragraph 7 between persons outside the scope of Article 173.2 is prosecutable only upon complaint by the aggrieved person. The absence, withdrawal or defective lodging of that complaint operates as a bar to the proceedings.

Case law

Supreme Court judgment 179/2023 of 14 March, Full Second Chamber. Acquittal of the offence of threats because they never reached the victim. Receipt by the addressee determines completion, so an uncommunicated threat does not harm the protected interest.
Supreme Court judgment 137/2022 of 17 February. Requires a chain of necessary consequences between the utterance and the harm to the protected interest that is foreseeable, effective and covered by the offender’s intent.
Supreme Court judgment 909/2016 of 30 November. Identifies the protected interest as personal liberty and security, which explains why the offence does not require the threatened harm to be carried out.

The working test that follows is this: the threat must be serious, firm and credible in the circumstances, must reach the person addressed and must be capable of overbearing their will. Words uttered in the course of a heated argument, with no real purpose and no capacity to intimidate, fall outside the offence.

Defence in this area

If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.

Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.

Last reviewed: 21 September 2026.

Frequently asked questions

What does Article 171 of the Spanish Criminal Code punish?

Conditional threats of harm that would not itself be an offence, with three months to one year of imprisonment or a fine of six to twenty-four months; blackmail, consisting in demanding money or a reward under threat of disclosing private matters, with two to four years where payment is obtained and four months to two years where it is not; and minor threats in the gender-violence and domestic context.

When is the offence of threats complete?

When the threat reaches the person it is addressed to. Supreme Court judgment 179/2023 of 14 March, delivered by the Full Second Chamber, acquitted precisely because the threat never reached the victim. Neither the carrying out of the harm nor the fulfilment of the condition is required.

How does it differ from Article 169?

Article 169 requires the threatened harm to be a criminal offence in itself. Article 171 applies where it is not and the threat is conditional, demanding something that is not a legally owed course of conduct.

Are words spoken during an argument an offence?

Not necessarily. The threat must be serious, firm and credible in the circumstances and capable of overbearing the addressee’s will. Words uttered in a heated argument, with no real purpose and no capacity to intimidate, fall outside the offence.

What is the blackmail offence in paragraph 2?

Demanding a sum or reward under threat of disclosing or spreading matters concerning private life or family relations that are not publicly known and may affect the person’s reputation, credit or interests. The penalty is higher where the payment is obtained.

When does it become time-barred?

After five years, under Article 131 of the Criminal Code, none of the penalties exceeding five years of imprisonment at their upper limit.

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