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Article 172 bis of the Spanish Criminal Code: forced marriage
Quick answerArticle 172 bis punishes with six months to three years and six months of imprisonment, or a fine of twelve to twenty-four months, a person who by serious intimidation or violence compels another to enter into marriage. The same penalty applies to a person who forces another to leave Spain or not to return for that purpose. Penalties are increased where the victim is a minor.
The offence of forced marriage was introduced by Organic Act 1/2015 of 30 March, in compliance with article 37 of the Council of Europe Convention on preventing and combating violence against women and domestic violence, done at Istanbul on 11 May 2011. It is a specific form of coercion which the legislature chose to separate from the basic offence of article 172 because of the interest at stake and the frequency with which the conduct unfolds in a cross-border setting. Organic Act 10/2022 of 6 September added a paragraph 4 requiring the court to rule on annulment or dissolution of the marriage and on filiation and maintenance.
Also cited as: article 172 bis Spanish Criminal Code · art. 172 bis CP · Spanish Penal Code article 172 bis · artículo 172 bis del Código Penal.
Wording of the provision
1. Any person who by serious intimidation or violence compels another person to enter into marriage shall be punished with six months to three years and six months of imprisonment or a fine of twelve to twenty-four months, according to the gravity of the coercion or of the means employed.
2. The same penalty shall be imposed on any person who, for the purpose of committing the conduct referred to in the preceding paragraph, uses violence, serious intimidation or deceit to force another to leave Spanish territory or not to return to it.
3. The penalties shall be imposed in their upper half where the victim is a minor.
4. In judgments convicting of the offence of forced marriage, in addition to the ruling on civil liability, such rulings as may be appropriate shall be made concerning the declaration of nullity or dissolution of the marriage so entered into and concerning filiation and the setting of maintenance.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. Six months to three years and six months of imprisonment or a fine of twelve to twenty-four months, according to the gravity of the coercion or of the means employed. Penalties are imposed in their upper half where the victim is a minor.
Key facts
| Location | Book II, title VI, chapter III of the Criminal Code, on coercion |
|---|---|
| Protected interest | Freedom of decision in matrimonial matters and personal dignity |
| Nature | Result offence in paragraph 1; offence of specific intent in paragraph 2 |
| Statutory means | Violence or serious intimidation; in paragraph 2, also deceit |
| Aggravated form | Victim under eighteen, with the penalty imposed in its upper half |
| Civil rulings | Nullity or dissolution of the marriage, filiation and maintenance, under paragraph 4 |
| Current wording | Final provision 4.3 of Organic Act 10/2022 of 6 September, in force since 7 October 2022 |
Elements and scope
- Conduct of compelling, that is, overcoming the will of another until matrimonial consent is given. Moral pressure, family insistence or social disapproval are not enough.
- Use of violence or serious intimidation. The adjective qualifies the intimidation and requires a threatened harm that is serious, immediate and credible, excluding generic warnings about future consequences.
- Actual celebration of the marriage under paragraph 1. If the marriage does not take place, the conduct is punished as an attempt under articles 16 and 62.
- Under paragraph 2, forced removal from Spain or prevention of return, with the specific purpose of forcing the marriage. This is an offence with anticipated completion that does not require the marriage to occur.
- Deceit is expressly admitted as a means only in paragraph 2, which prevents its extension by analogy to paragraph 1.
Points of application
Distinction from coercion under article 172. Article 172 bis operates as a special provision. Where the conduct falls short of the serious intimidation required, the proper classification is the basic offence of coercion or, as the case may be, a minor offence; the special provision cannot be applied on grounds of criminal policy alone.
Relationship with human trafficking. Where the removal takes place for the purpose of exploitation, concurrence with article 177 bis must be examined. Case law looks to the purpose pursued and the degree of control over the victim in order to separate the two offences.
Extraterritorial jurisdiction. Article 23.4 of the Judiciary Organic Act allows Spanish courts to hear conduct committed abroad in the cases it lists, which is decisive where the marriage is celebrated outside Spain. Compliance with the procedural requirements must be verified.
Gender violence setting. Where the victim is or has been a spouse or a woman bound by a comparable emotional relationship, jurisdiction may lie with the specialised courts, with the procedural and precautionary consequences this entails.
Civil ruling under paragraph 4. A conviction must resolve the nullity or dissolution of the marriage and the questions of filiation and maintenance. Omission of that ruling may be cured under article 267 of the Judiciary Organic Act.
Defence strategy
Dispute the gravity of the intimidation. The defence must establish that the pressure exerted did not reach the threshold of serious intimidation, placing the facts within the sphere of family or cultural influence, which is not punishable under this provision.
Establish the validity of matrimonial consent. The victim’s own conduct before and after the ceremony, participation in the preparations and the absence of an immediate complaint are matters to be weighed, albeit with the caution required in situations of dependency.
Examine jurisdiction and applicable law. Where the marriage took place abroad, the requirements of article 23.4 of the Judiciary Organic Act and any lack of jurisdiction must be verified.
Attack proof of purpose under paragraph 2. Travel to the country of origin admits alternative family or employment explanations. The prosecution bears the burden of proving the matrimonial purpose of the journey.
Consider a guilty plea and mitigating circumstances. Reparation of harm and confession under article 21 may reduce the sentence and facilitate suspension where the sentence does not exceed two years.
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.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
Is it an offence to pressure a child into marrying?
Only where the pressure amounts to the violence or serious intimidation required by the provision. Family insistence, disapproval or moral pressure do not constitute the offence, without prejudice to other possible classifications.
What if the marriage never takes place?
The conduct may be punished as an attempt, with the reduction provided in article 62. Paragraph 2, by contrast, is complete upon the forced removal, even if no marriage follows.
Can a marriage celebrated abroad be prosecuted in Spain?
Yes, in the cases listed in article 23.4 of the Judiciary Organic Act, which provides for extraterritorial prosecution of certain offences. The procedural requirements set out in that provision must be met.
Does the judgment annul the marriage?
Paragraph 4 requires the court to rule, where appropriate, on the nullity or dissolution of the marriage entered into and on filiation and maintenance, in addition to civil liability.
Can this offence lead to imprisonment?
The minimum penalty is six months of imprisonment or a fine. Where the sentence imposed does not exceed two years and the defendant has no prior record, suspension under article 80 is available.
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