Vis compulsiva
Vis compulsiva (Latin for "compelling force") is a legal term in criminal law . It is also translated as “necessary violence” and stands opposite the term vis absoluta (Latin for “absolute violence”).
There are two forms of violence that play a role in criminal law for various offenses. Thus, for example, theft at (mandatory or absolute) of force as robbery qualified.
In the case of several offenses, especially coercion , the concept of violence and, in particular, the distinction between the compulsory and absolute use of force is controversial because a clear demarcation between violence, the threat of violence and passive offender behavior that may not be punishable at all is what the victim does influences, is very difficult in detail. This demarcation is sometimes necessary in order to be able to determine exactly who is criminally liable and who is not.
Vis compulsiva is also referred to as "will-defying" violence in criminal law. The victim's resistance or behavior that does not conform to the offense is not made impossible by direct use of force (such as shackling, stunning, knocking down, locking up) (that would be absolute or “will-breaking” violence), Beatings, torture , deprivation of food) made docile and forced to bow to the will of the perpetrator.
The difference between this and the threat is that the victim is immediately subjected to pain or other ills when force is used. The violence of the actions lies in the fact that the will of the victim is bent by evil being inflicted on him. When threatening, these are only promised in order to bend the will of the victim.
