Crimes against liberty: kidnapping, threats and coercion

Threats, coercion, and kidnapping are serious crimes that can have a devastating impact on individuals and society. Each of these crimes involves the use of force or the threat of force to control another person's actions, but there are important differences between them.

In this essay, we will explore these differences in more detail, as well as the circumstances that can lead to a reduction of sentences in cases of kidnapping.

Threats are a form of coercion that involves the use of language to create fear or anxiety in the victim. The perpetrator may use threats of violence, harm to property, or damage to reputation to control the victim's behavior. The key element of a threat is that the harm is not immediate, but is instead consummated in the near future. For example, a person might threaten to harm another person's family members if they do not comply with their demands.

Coercion, on the other hand, is imminent and produces an effect on the freedom of the passive subject. It is a form of violence that is designed to force the victim to act against their will. Coercion can involve physical violence, such as the use of force to move someone or restrain them, or it can involve psychological violence, such as the use of threats or intimidation. The key element of coercion is that it is immediate, and it affects the victim's freedom to act.

Threats and coercion can both be considered crimes, especially when they impact the process of formation or the freedom to act of the passive subject. In these cases, the perpetrator can be prosecuted for the crime of threats or coercion, depending on the circumstances.

Kidnapping, on the other hand, involves the deprivation of someone's freedom. This crime is particularly heinous because it involves the use of force to control another person's actions, often for financial gain or other nefarious purposes. Kidnapping is characterized by the will to deprive someone of their freedom, and the consciousness of what is being done is sufficient to establish the crime.

Unlike threats and coercion, kidnapping is consummated instantaneously from the moment of arrest or confinement, and it lasts until the victim is released. The motive behind the kidnapping is irrelevant, as the crime is still considered to be committed regardless of the reason behind it.

In cases of kidnapping, there are certain circumstances that can lead to a reduction of sentence. For example, if the victim is released before the first three days of their detention without achieving the object of their detention, spontaneous repentance can be rewarded. It is not necessary to materially release the detainee, but certain acts that facilitate their release will be taken into consideration.

In addition, falling asleep or the presence of third parties can be considered as acts aimed at release. If the detention does not pursue anything other than detention, there should be no obstacle to applying the attenuation. However, if the kidnapping is carried out for revenge, threats, or monetary gain, the attenuation cannot be applied, even if the victim is released.

It is important to note that the law is not always clear-cut in cases of kidnapping, and each situation must be evaluated based on its specific circumstances. For example, if the kidnapping is carried out with the intention of harming the victim physically or psychologically, the severity of the crime will be much greater than if the motive is financial gain or some other less malicious purpose.

In conclusion, threats, coercion, and kidnapping are all serious crimes that can have a devastating impact on individuals and society. While there are important differences between these crimes, they all involve the use of force or the threat of force to control another person's actions. In cases of kidnapping, there are certain circumstances that can lead to a reduction of sentence, but it is important to remember that the severity of the crime will depend on the specific circumstances of each case.