What is the minor offence of making threats?

Minor threats are affecting more and more people in Spain, especially within families and couples.

Today we explain what you can do to defend yourself legally in these cases.

What constitutes the minor offence of threats?

The minor offence of threats is defined in Article 171 of the Criminal Code. It is characterised by expressions or acts that anticipate causing harm to another person, but without sufficient seriousness to constitute serious threats.

The main difference with other types of threats is that it does not require the threatened harm to constitute a crime and is only prosecuted through a complaint by the victim or their legal representative, not ex officio.

Specific types of minor threats

The regulations distinguish between three main types of minor threats:

1. Minor threats to a partner or ex-partner: This constitutes gender-based violence under Article 171.4 of the Criminal Code when directed against a person who is or has been a spouse or woman linked by a similar emotional relationship. The penalty ranges from 6 months to 1 year in prison or 31 to 80 days of community service.

2. Minor threats with weapons or dangerous objects: Article 171.5 of the Criminal Code covers threats made with firearms or dangerous instruments against family members, vulnerable persons or minors living with the person making the threat. The penalties are 3 months to 1 year in prison plus the withdrawal of the firearms licence.

3. Minor threats with no specific connection: When there is no family or romantic connection, the penalty is limited to a fine of 1 to 3 months.

Procedure for reporting minor threats

Want to know why it is crucial to act quickly in these cases?

The procedure begins with the filing of a complaint with the National Police, Civil Guard or directly with the Duty Court. Once classified as a minor offence, a fast-track trial takes place without a preliminary investigation phase.

We always advise you to accompany the complaint with all the evidence you have from the outset. The best-documented cases are more likely to be successful.

Documentation required for the report

To justify minor threats, you will need:

- Audio recordings if you participated in the conversation

- Testimony from direct witnesses who saw the events

- Medical report if the threats have caused you anxiety or psychological problems

The Judicial Police specialising in computer crimes can identify the author of the threats even when anonymous profiles have been used.

The trial for minor threats

The trial for minor offences has specific characteristics that differentiate it from other criminal proceedings:

- Approximate duration: Between 1 and 3 hours

- Legal representation: Not mandatory but highly recommended

- Appeal: Only before the Provincial Court and is not subject to appeal

- Precautionary measures: A restraining order may be requested 

Legal consequences and criminal record

A conviction for minor threats results in a criminal record for a maximum of 6 months after serving the sentence. After that, you can apply to have the criminal record expunged.

Penalties may include:

- Imprisonment for 6 months to 1 year (gender-based violence)

- Imprisonment for 3 months to 1 year (with weapons)

- A fine of 1 to 3 months (general cases)

- Community service

- Special disqualification from exercising guardianship or parental authority

What protective measures are available?

In cases of gender-based violence, the judge may order immediate precautionary measures:

- Restraining order to stay away from the home and workplace

- Confiscation of weapons if the aggressor possesses them

- Assignment of use of the family home

If you are experiencing minor threats and are looking for quality legal assistance, please contact us.