Definition and Fundamentals of Coercion
Die Coercion is a central criminal offense under German criminal law and is classified as an offense against personal freedom. It is regulated in Section 240 of the German Criminal Code (StGB) and encompasses acts in which a person forces another to perform, tolerate, or refrain from an act by means of violence or the threat of considerable harm. Coercion is significant in both criminal and civil law, particularly in connection with declarations of intent and contract conclusions.
Statutory Regulation
Wording of Section 240 StGB
The statutory basis for coercion is found in Section 240 StGB:
“(1) Whoever unlawfully compels a person by force or threat of considerable harm to perform, tolerate, or refrain from an act shall be punished with imprisonment of up to three years or with a fine.
(2) An attempt is punishable.
(3) The act is unlawful if the use of force or the threat of harm is to be regarded as reprehensible for the intended purpose.”
Protected Legal Interest
The primary legal interest protected by coercion is the individual’s freedom of will. In particular, self-determined decisions are to be protected against impermissible interference.
Elements of the Offense of Coercion
In order to establish criminal liability for coercion, the following objective and subjective elements must be fulfilled:
Objective Elements
1. Perpetrator and Victim
- Perpetrator: Any natural person who has reached the age of criminal responsibility can be a perpetrator of coercion.
- Victim: Affected is any natural person whose decision-making ability is influenced by the act.
2. Force
In case law, force is defined as any physical or psychological exertion directed immediately or indirectly against a person, which, according to the perpetrator’s will, is intended and suitable to at least impede the free formation or expression of will. This includes both physical acts of violence (e.g., restraining, hitting) and threats of violence.
3. Threat of Considerable Harm
Coercion can also alternatively be carried out by threatening the prospect of considerable harm. This refers to announcing a disadvantage that the coerced person must regard as significant and which is suitable to prompt the victim to the desired behavior, toleration, or omission.
4. Result of Coercion
The perpetrator must have compelled the victim to perform, tolerate, or refrain from an act. A real result—i.e., the actual change in conduct—is required for the completion of the offense.
Subjective Elements
The perpetrator must act with intent, i.e., consciously and willingly fulfill the elements of the offense. Conditional intent is sufficient.
Unlawfulness
The mere realization of the elements of coercion is not sufficient for criminal liability. The act must also be “unlawful,” as specifically regulated in Section 240 (2) StGB. Unlawfulness exists if the application of force or threat with the threatened harm for the purpose intended by the perpetrator is to be regarded as “reprehensible.” Reprehensibility is determined through a comprehensive weighing of interests and goods in the individual case.
Attempt and Completion
Attempt
An attempted coercion is punishable under Section 240 (2) StGB. The attempt begins when the perpetrator wants to influence the decision-making freedom of the victim through force or threat.
Completion
The act is completed when the victim has been compelled by force or threat to perform, tolerate, or refrain from an act.
Sentencing and Sentencing Range
The penalty for completed coercion is imprisonment for up to three years or a fine. In especially serious cases, for example if the victim is compelled to commit a sexual act or a subsequent act is particularly grave, the sentencing range may be increased. Sentencing takes into account the seriousness of the act, the intensity of the use of force or threat, the consequences of the act, and any prior convictions of the perpetrator.
Qualified and Especially Serious Cases
Section 240 StGB does not contain explicit qualifying offenses, but especially serious cases are punished particularly severely according to Paragraph 4. In practice, a variety of groups of cases have therefore developed in which courts have found an increased culpability, for example, in cases of coercion involving considerable violence, acts committed jointly, or repeated acts.
Distinguishing from Other Offenses
Extortion (§ 253 StGB)
It is often necessary to differentiate between coercion and extortion. While coercion is aimed at forcing a certain behavior, extortion also includes the perpetrator’s intent to enrich themselves.
Deprivation of Liberty (§ 239 StGB)
In contrast to coercion, which concerns influencing the will, deprivation of liberty constitutes a direct restriction of the victim’s freedom of movement.
Coercion in Road Traffic
An important area of application for the offense of coercion is road traffic, for example in so-called “tailgating” or “blocking” other road users. According to the highest court rulings, the behavior must involve the use of force in the sense of a physical restriction of the freedom to make decisions.
Civil Law Aspects of Coercion
Coercion is also relevant in civil law, particularly in connection with contesting declarations of intent (Section 123 BGB). Anyone who was induced to make a declaration of intent by coercion may contest it, so that the corresponding contract may become void under certain circumstances.
International Perspectives
The offense of coercion is not only recognized in German law; similar provisions exist in the criminal laws of many other countries. However, the specifics differ, especially with regard to the definition of violence and the severity of penalties.
Conclusion
Coercion protects the free formation and expression of a person’s will from impermissible interference. As a flexibly designed criminal offense, it is applied in numerous areas of daily life. An exact and case-specific examination is essential for legal assessment, particularly with regard to the interplay between violence, threat, the means-to-end relation, and the reprehensibility of the act.
See also:
Sources:
- German Criminal Code (StGB), Section 240
- Federal Court of Justice (BGH), case law on coercion
- Commentary literature on criminal law
This article is part of a legal encyclopedia and serves to provide comprehensive information regarding the concept and legal situation of coercion.
Frequently Asked Questions
What penalties can be imposed for a conviction for coercion?
The penalties for coercion are governed by Section 240 of the German Criminal Code (StGB). The basic form of coercion is punishable by imprisonment of up to three years or a fine. In especially serious cases, which are further described in Section 240 (4) StGB, imprisonment can range from six months to five years. A particularly serious case usually exists if the perpetrator commits violence against a person or threatens present danger to body or life. It should be noted that the specific penalty depends on many factors, such as the circumstances of the act, the motives of the perpetrator, any previous convictions, and conduct after the offense. Attempted coercion is also punishable under Section 240 (3) StGB.
What are typical examples of coercion in everyday life?
Coercion often occurs in situations where a person’s free will is influenced in order to force a certain behavior. Examples include forcing someone to sign a contract under threat of violence, blocking roads by demonstrators to prevent motorists from proceeding, or threatening to publish compromising information to force a person to act. Coercion can also occur in family or professional environments, for instance when a superior threatens a subordinate with dismissal to make them behave in a certain way. However, the threshold for criminal coercion is only crossed when violence or an unlawful threat is used.
What role does unlawfulness play in coercion?
Unlawfulness is a central element of the offense of coercion. This means that not every use of force or threat is automatically punishable. The conduct is only unlawful if the means used or the purpose pursued are grossly disproportionate or if the purpose itself is unlawful. A balancing of the conflicting interests—the so-called reprehensibility test—is essential here. Courts examine whether the means of influence are proportionate to the objective pursued and whether the perpetrator’s behavior appears reprehensible in view of all the circumstances. Such weighing often leads to alleged cases of coercion being found not unlawful, for example in the context of industrial action or under certain self-defense situations.
What are the distinctions between coercion, extortion, or threat?
Although coercion, extortion (§ 253 StGB), and threat (§ 241 StGB) have some similar elements, they differ considerably in detail. In coercion, the focus is on forcing a particular behavior through violence or threat, without necessarily causing a transfer of assets. Extortion additionally requires the perpetrator’s intention to obtain a benefit and a financial loss to the victim. Threat is simpler, as here the mere prospect of serious harm is sufficient, even if the victim does not necessarily act, tolerate, or refrain from anything. The precise classification in each case is crucial for determining criminal liability and penalty.
Who can be a victim of coercion, and are there any restrictions?
In principle, any natural person can be a victim of coercion, regardless of age, gender, or social status. Legal entities under private or public law can also be affected, for example when employees are compelled in the name of a company or authority. However, it is important that coercion targets the behavior of a person; mere influence over objects (e.g., damaging an item without reference to a person) is not sufficient. The victim must perform, tolerate, or refrain from an act against or without their will.
Can coercion also be committed on the internet or by telephone?
Yes, coercion can also be carried out using modern means of communication such as the internet or telephone. The decisive factor is that the victim is compelled to a certain behavior through physical violence or the threat of considerable harm. Typical examples include threats sent by email, on social networks, or via messenger services, to induce someone to act. So-called cyber-coercion, where compromising photos or information are used as leverage, has increasingly become the subject of court proceedings in recent years. Criminal liability essentially depends on the type of violence or threat used and its suitability to influence the victim’s will.
How can a defendant defend themselves against an allegation of coercion?
A defendant has various defense options against an allegation of coercion. Defendants often deny having uttered a threat or used violence. In other cases, it is argued that, viewed in light of the purpose pursued, the means used were not unlawful—especially in cases of already existing disputes or civil law conflicts. It may also be claimed that the victim’s statement is not credible or that no compulsion took place. Furthermore, the defendant may invoke a justification such as self-defense (§ 32 StGB) or justifying necessity (§ 34 StGB). The defense is always examined on a case-by-case basis and depends on the entire sequence of events and available evidence.
