Let's start with what is a crime? It is conduct that is contrary to the demands that the state makes on citizens through laws to protect life, property and rights.
In the first place, if I write a message to my ex-wife or publish a post on Facebook where I say that she is a "fool" or "unfortunate", I am committing a crime of insult.
What is a criminal offence of insult? As stated in article 208 of the Penal Code:
An insult is an action or expression that injures the dignity of another person, undermining his or her reputation or undermining his or her self-esteem.
Only insults which, by their nature, effect and circumstances, are considered serious in the public mind, without prejudice to the provisions of Article 173(4) EC, shall constitute an offence.
In other words, they are those opinions that may harm the dignity of that person and that undermine his or her honour.
Secondly, another case that we could comment on that comes up a lot, is when a boss intimidates an employee to perform tasks that are not part of his contractual obligations or even threatens him with dismissal in order to make him work overtime without pay. In this case it is the offence of coercion.
Therefore, one could say that the crime of Coercion is a crime that consists of using violence to prevent someone from doing something that is not prohibited or to force them to do something they do not want to do.
As stated in Article 172 of the CC:
1. Whoever, without being legitimately authorised, prevents another by violence from doing what the law does not prohibit, or compels him to do what he does not want to do, whether just or unjust, shall be punished with imprisonment of six months to three years or with a fine of 12 to 24 months, depending on the seriousness of the coercion or the means used.
Thirdly, when a person does not feed his animal for a long time or keeps it in unsafe places and also hits or injures it, then we would be dealing with the crime of abandonment or mistreatment of an animal, which is established in article 340 bis of the Penal Code:
Whoever, outside of legally regulated activities and by any means or procedure, including acts of a sexual nature, causes injury to a domestic animal, tame, domesticated or living temporarily or permanently under human control that requires veterinary treatment for the restoration of its health, shall be punished with a prison sentence of three to eighteen months or a fine of six to twelve months and with the penalty of special disqualification of one to three years for the exercise of a profession, trade or trade that is related to animals and for the possession of animals.
If the offence has been committed using firearms, the judge or court may impose the penalty of deprivation of the right to possess and carry firearms for a period of one to four years.
In other words, any action that causes harm, pain or suffering to the animal is considered mistreatment and abandonment.
Fourthly, one case would be the omission of the duty to assist, which is found in article 195 of the Penal Code:
Anyone who fails to assist a person who is helpless and in manifest and serious danger, when they could do so without risk to themselves or others, shall be punished with a fine of three to twelve months.
When does the omission of the duty to assist occur? When a person fails to help a person who is in serious danger or who is helpless and when he could do so without putting himself or third parties at risk.
An example would be if there is an accident and another vehicle is in the area, but the driver does not stop to render assistance. Furthermore, for the offence of failure to render assistance to occur, the victim must be helpless, i.e. not receiving assistance.
Finally, if someone says "I am going to kill you and your family", this is considered a threatening offence, which is when a person intends to cause you harm or harm you directly. This offence is regulated in articles 169 and 171 of the CP.
In conclusion, you have to be very careful because it is the simplest things that can be considered as crimes. If you think you have committed a crime or you have any doubt that you have been a victim of one, do not hesitate to contact us. We can help you.
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