From when is coercion present and what penalties are threatened?
April 5, 2023 | 40,00 EUR | answered by Uwe Riedmüller
Dear Criminal Defense Lawyer,
I am reaching out to you because I have found myself in a situation that is very concerning to me. My name is Dora Schneider and I recently had a confrontation with my neighbor. He reacted very aggressively towards me and threatened to poison my dogs if I did not immediately do something about their barking. He also told me that he would cause me physical harm if I did not follow his instructions. I feel greatly intimidated and pressured by his behavior.
My question to you is, at what point does coercion occur and what are the penalties that my neighbor could face if his behavior is classified as coercion? I am very worried about my safety and that of my dogs, as I do not know how to handle my neighbor's actions. Are there legal options available to me to protect myself from further threats and attacks?
Thank you in advance for your time and support in this matter.
Sincerely,
Dora Schneider
Dear Mrs. Schneider,
Thank you for your inquiry and your trust. I am sorry to hear that you have found yourself in such an unpleasant situation. Coercion is a criminal offense regulated in § 240 of the Criminal Code. Coercion occurs when someone forces another person to act, tolerate, or refrain from an action through violence or threats of significant harm. It is crucial that the perpetrator dictates a specific action to the victim and threatens consequences if the victim does not comply.
In your case, it seems that your neighbor is trying to coerce you through threats to take action against your dogs' barking. Furthermore, he is threatening you with physical harm if you do not follow his instructions. These threats could be considered coercion under § 240 of the Criminal Code. It is important to emphasize that coercion is a legally relevant offense and can be punished accordingly.
If your neighbor is indeed convicted of coercion, he may face penalties in the form of fines or even imprisonment for up to three years. It would be advisable to gather evidence of the threats to support your accusations. This could include witness statements or recordings. Additionally, you should immediately inform the police and file a report to protect yourself and your dogs.
It is important that you do not feel alone and seek legal advice. A lawyer can help you defend your rights and take measures to protect yourself from further threats and attacks. Do not hesitate to take legal action to ensure your safety.
I hope that my explanations are helpful to you and I am available for further questions. Please do not hesitate to contact me if you need additional assistance.
Sincerely,
Uwe Riedmüller
