Unlawful detention
Art. 163 Criminal Code
Confining or detaining another person, depriving them of their liberty, outside the cases the law allows.
Pena: 4 to 6 years' imprisonment
Unlawful deprivation of liberty
Unlawful detention, kidnapping, threats and coercion. We defend those whose liberty has been infringed and those accused of infringing it.
01 · Art. 163 CP Unlawful detention
02 · Art. 164 CP Kidnapping
03 · Art. 169 CP Threats
04 · Art. 172 CP Coercion
01 — What we do
We defend you whether you are the accused or the victim
Assistance in police custody
At the police station and at the duty court, from your first call. We watch the deadlines and the lawfulness of the detention.Habeas corpus
An immediate application to bring the person before a judge where the detention is arbitrary or has gone on too long.Complaint and private prosecution for unlawful detention
Private prosecution against individuals or public officials who have deprived someone of liberty outside the law.Defence against charges of deprivation of liberty
Unlawful detention, kidnapping, threats and coercion. Investigation, trial and appeals.Threats and coercion
Defence and prosecution, including offences committed within the family and by digital means.Interim measures and remand in custody
Appeals against remand in custody and applications for less restrictive measures.Civil damages arising from the offence
Claiming compensation for the harm suffered through the deprivation of liberty.Appeals and constitutional protection
Appeal, cassation and, where appropriate, an amparo application for breach of art. 17 of the Spanish Constitution.02 — The offencesFour offences
Four offences
we defend you against
They are set out in Title VI of the Spanish Criminal Code. Hover over each one.
Kidnapping
Art. 164 Criminal Code
Unlawful detention while demanding some condition for the victim's release. Aggravated if it lasts more than fifteen days.
Pena: 6 to 10 years' imprisonment
Threats
Art. 169 Criminal Code
Announcing to another person harm amounting to an offence against them, their family or their property, with or without a condition attached.
Pena: From 6 months to 5 years' imprisonment
Coercion
Art. 172 Criminal Code
Using force to stop someone doing what the law does not forbid, or making them do what they do not want to, whether right or wrong.
Pena: 6 months to 3 years' imprisonment or a fine
03 — The service
Are you accused of unlawful detention, kidnapping or coercion? We prepare your defence from day one.
Escalera & Tuset · Criminal defence lawyers in Madrid
Not sure? Give us a call 911 923 480 We reply within the same working day. First consultation free.
«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»
04 — How we start
In a detention, the first 72 hours decide almost everything
No waiting lists. You will know who is handling your matter, what your options are and what it is going to cost.
Solicitar presupuesto- Today
You call or write to us
On +34 911 923 480 or through the form. If someone is being held right now, we attend the police station or the duty court.
- Within 72 h
We protect your liberty
Assistance to the person in custody, keeping track of the deadlines and, where appropriate, habeas corpus before the duty judge.
- Within 48 h
We study the case
We review the police report or the complaint and tell you what your real options are, with their deadlines and their risks.
- No obligation
A fixed quote
We give you a written quote before we start. A named lawyer handles your matter from beginning to end.
05 — Questions
What people ask us before they instruct us
Only as long as is strictly necessary and never more than 72 hours, save for an extension in terrorism cases; after that you must be released or brought before a judge. If that is exceeded or the detention has no grounds, habeas corpus is available.
An urgent procedure for a judge to review the lawfulness of a detention immediately. It can be applied for by the person detained (including through their lawyer), by close relatives, by the public prosecutor or by the Ombudsman.
Yes. Unlawful detention does not require a minimum period: it is enough to deprive someone of their freedom of movement against their will and without legal cover. If it is very brief, it may be treated as coercion.
Do not make a statement without a lawyer. Call us: we review the complaint and prepare the defence from your first appearance.
Yes. As well as the sentence, criminal proceedings allow you to claim civil damages for the financial and non-financial harm suffered.
06 — Quote
Tell us about your case. We call you today
First consultation free and with no obligation. If someone is being held in custody right now, call us directly: we attend the police station or the duty court.
911 923 480More about offences against liberty
What are the offences against liberty?
The right to individual liberty set out in the Spanish Constitution is protected by the Criminal Code, which defines the various offences against that right. There are four. First, the offence of unlawful detention. This covers the unlawful deprivation of liberty suffered by one person at the hands of another through confinement or detention, and the deprivation of liberty imposed by one person on another with the aim of handing them over to the authorities outside the cases the law allows.
Second, there is the offence of kidnapping, where one person deprives another of their liberty and demands some particular condition for returning it. Third, we find another of the most common forms of deprivation of liberty: the offence of threats. And fourth, the offence of coercion. In every one of those cases, Escalera & Tuset gives you the most professional service in the city: highly qualified advice and defence aimed at getting the best possible result.
Lawyer specialising in deprivation of liberty
To provide a service of that standard we have a whole department specialising in fundamental rights and their effective protection: a department made up of professionals with an impeccable track record in the field and hundreds of unlawful deprivation of liberty cases behind them. Get in touch with us right now and one of those professionals will speak to you personally to hear about your case. Once you have given us the information we need, we will set out the strategy and the steps to take.
Has your right to liberty been infringed? Would you like us to take professional steps to protect it? We will take it on. Have you been accused of an offence of unjust deprivation of liberty? We will take that on too. We have a joined-up view of the Criminal Code, of the case law and of everything else you need to know to handle deprivation of liberty cases in the best possible way. Put yourself in our hands and we will work to get the best possible result.
At Escalera & Tuset you will find far more than qualified specialists in unlawful deprivation of liberty. Our firm was founded with an unmistakable calling to serve the client and to put what clients need at the very centre of the practice. At Escalera & Tuset you will not be just another client. We commit to what you need and to your situation one hundred per cent. We work hard to achieve the best outcome the law allows. Trust our experience. Trust our determination.
Unlawful deprivation of liberty under the Criminal Code
Unlawful deprivation of liberty is set out in Title V of the Spanish Criminal Code.
That being so, it is essential to have specialist knowledge of citizens' fundamental rights and of the penalties the Criminal Code provides where those rights are breached. If you have suffered a deprivation of liberty or are accused of such an offence, do not put your protection in just anyone's hands. Trust qualified, established professionals.
Have the police detained you arbitrarily? Get in touch. We will listen to you, understand you and advise you on the best way to proceed. We also develop effective, creative solutions that we put into action once you agree. Our ultimate aim is for you to get the justice you deserve. On that score we get involved and do not stop until every avenue is exhausted. Call us and we will assign you one of our lawyers who are expert in unlawful deprivation of liberty.
Also in criminal law
The criminal department covers everything from minor offences to defence in proceedings involving remand in custody.
911 923 480