La coercion is a crime collected in the legislation penal which consists of preventing someone by means of violence to do what he wants to do or force him to do something he doesn't want to do.
The terms coercion y violence private They are frequently used in right, in science political and in sociology to refer to use of the force that is imposed on a person to force her to say or do something against her will.
La coercion It is understood as a crime against freedom. This means that what is protected by punish la coercion is freedom. That which is to be protected in a crime, is known as the carefully legal protected. Therefore, in this /// el carefully legal is freedom of people.
In this /// se treats to protect the freedom of the individual so that he can do what he wants as long as it is something permitted by the law, such as the freedom so that he is not forced to do something he does not want to do.
Crimes consist of a type objective, where they are: the object, The action or result or with a type subjective, where the are integrated dolo or the spirit of profit.
Type target
- Object: The object matches the sujeto passive This crime. Who supports this crime? Any person that he may see his soul subdued will.
- AGENDA: It is essential that there is violence for it to exist coercionThis violence can be intimidation personal or force in things. For example, it is understood that coercion is used in cases of drug use. sujeto, even if there is no violence materially.
- Result: Get a person realice one act without consent, without wanting to do it.
Type subjective
In this crime Only the dolo: That is to say, that it is will of the one who commits the coercion want to use the violence to bend the will from the other person.
Causes of justification
In legislation There are several causes of justification that make it so that the person is not punished coercion because it is considered justified. These are:
- State de necesidad: This state appears when the derechos legitimate rights of an individual can only be saved with the impairment of the derechos Of third parties.
- Exercise legitimate a right.
- Compliance a must.
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