Practice question · True or false
Spanish criminal law punishes realising a right of your own by force outside the legal channels, even where the right genuinely exists.
Hints
- Ask whether being owed the money is a defence to taking it.
- The offence is committed by the creditor who is actually owed.
Show the answer
True
Why
True. Article 455 CP punishes acting outside the legal channels, with violence, intimidation or force on property, to realise a right of one's own. The genuineness of the right is not a defence, it is a presupposition of the offence. The prohibition of self-help is what obliges the state to supply a route, which is the guarantee in Article 24.1 CE.
Practise Resolving Disputes
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