Coercion (Austria)

from Wikipedia, the free encyclopedia

The criminal offense of coercion is regulated in the criminal law of Austria in § 105 StGB . Forcing another to act , toleration or omission through violence or dangerous threats is punishable . The threat of punishment is up to one year imprisonment.

Offense

Coercion is a two-act crime. The first act consists of violence or dangerous threats; the second act consists of an act, toleration or omission.

Coercion is an offense against freedom, more precisely, against free will.

The dangerous threat is described in the legal definition of Section 74 (1) (5) StGB.

A coercion is complete as soon as the victim begins the act, toleration or omission; if the victim successfully resists, a possible attempt should be examined in accordance with Section 15 of the Criminal Code.

illegality

However, the act is not unlawful if the use of force or threats as a means to the desired end does not conflict with morality . This exception from criminal liability forms a justification and serves to exclude threats from criminal liability that are not to be regarded as reprehensible by the legal system.

qualification

In Section 106 StGB, the severity of coercion is regulated as a qualification of Section 105 StGB . With stricter threats of punishment, coercion is threatened, which either compels those who are compelled to do a particularly reprehensible act or causes a particularly dire consequence. The range of punishment increases to a minimum of six months and up to five years imprisonment if

  • threatens death, significant mutilation or conspicuous disfigurement, kidnapping, arson, exposure to nuclear energy, ionizing radiation or explosives, or the destruction of economic existence or social position;
  • the coerced or another person against whom the violence or dangerous threat is directed is put into an excruciating state for a long time by these means,
  • induces the compelled person to marry, prostitute or participate in a pornographic performance ( Section 215a (3) of the Criminal Code) or otherwise to an act, toleration or omission that violates the particularly important interests of the compelled or a third person.

If the coercion results in suicide or a suicide attempt by the victim or another person against whom the violence or dangerous threat is directed, the threat of punishment increases to a minimum of one to a maximum of ten years imprisonment. The same punishment is threatened who is coerced into prostitution or to participate in a pornographic performance against an underage person, in the context of a criminal organization, with the use of severe violence or in such a way that the person's life is intentional or grossly negligent is endangered or the act results in a particularly serious disadvantage for the person.