What distinguishes a threat from coercion? And from kidnapping?

Threats
Threats are characterized by the announcement of a harm to be inflicted in the near future, though not immediately. The offense of threats arises when such conduct interferes with the formation of the will of the victim, thereby undermining their freedom of action.

Coercion
By contrast, in the offense of coercion, the harm is imminent. The effect directly and immediately impacts the victim’s freedom. The key distinction between a threat and coercion lies in the immediacy of the harm announced.

Unlawful Detention or Kidnapping
In cases of unlawful detention or kidnapping, the decisive element is the intent to deprive the victim of liberty. Mere awareness of the act suffices. The motive for the unlawful detention is legally irrelevant, and the offense is consummated at the very moment of detention or confinement, persisting until the victim is released.

What circumstances may lead to a reduction of the penalty?

1. Spontaneous Repentance:
   A mitigation of the penalty may apply where the victim is released within the first three days of detention without the perpetrator having achieved their objective. The law recognizes a form of spontaneous repentance. It is not strictly necessary for the perpetrator to physically release the detainee; rather, acts that facilitate release may suffice. Jurisprudence has interpreted circumstances such as the perpetrator falling asleep or the immediate and secure presence of third parties as conduct aimed at liberation.
2. Intervention of Third Parties:
   Where release is effected by third parties not involved in the offense, by the victim’s own ability to escape, or by police intervention, such circumstances do not qualify as mitigating conduct. However, in cases where it is evident that the detention was not intended to last more than 72 hours, or where the perpetrator’s intention did not include a prolonged deprivation of liberty, a reduction in penalty may be applicable.
3. Conditions for Mitigation:
   For mitigation to apply, it must be the perpetrator who releases the detainee within three days. If the detention serves no other purpose than the deprivation of liberty itself, there should be no obstacle to applying mitigation. Nevertheless, where the detention was carried out with motives of revenge, threats, or extortion, mitigation is excluded, even if the victim is subsequently released.

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