01 · People
Offenses against personal liberty
Legal protection against offenses that affect the liberty and safety of individuals.
The area
Defense and representation in offenses against personal liberty
Offenses against personal liberty comprise conduct that unlawfully restricts or affects a person’s freedom and often involve highly complex investigations by the authorities.
At TREU Abogados we represent both persons under investigation and victims, building solid legal strategies for every stage of the criminal proceeding.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against personal liberty, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Kidnapping
Depriving one or more people of their liberty against their will, whether by holding them, hiding them, seizing them, or taking them to another place.
Penalty: 5 to 7 years in prison.
Art. 161 COIP
Involuntary disappearance
Depriving a person of their liberty or taking them away against their will and, in addition, refusing to give information about where they are or what happened to them. It is more serious, for example, if the detention lasts more than eight days, if the victim is a minor, over 65, or a pregnant woman, or if the victim suffered violence.
Penalty: 7 to 10 years in prison; 10 to 13 in aggravated cases, and 22 to 26 if the victim dies.
Art. 163.1 COIP
Unlawful deprivation of liberty
A crime that only a public official can commit: unlawfully detaining a person or keeping them deprived of liberty. It is more serious if the official orders the person held in a place not authorized by law as a detention facility.
Penalty: 1 to 3 years in prison; 3 to 5 if the person is held in an unauthorized place.
Art. 160 COIP
Kidnapping for ransom
Kidnapping someone to demand money, property, documents, or another benefit in exchange for their release, or in order to commit another crime. It is more serious, for example, if the detention lasts more than eight days, if the victim is a minor or over 65, or if a relative or trusted person is involved.
Penalty: 13 to 16 years in prison; in aggravated cases, 16 years increased by one third (21 years and 4 months), and 26 to 30 if the victim dies.
Art. 162 COIP
Simulation of kidnapping
Pretending to be kidnapped when one is not.
Penalty: 6 months to 2 years in prison.
Art. 163 COIP
Frequently asked questions
What clients usually ask us
What happens if a person disappears and there is still no information about their whereabouts?
It is essential to immediately activate the relevant legal mechanisms and to monitor the investigative actions.
From when may I appoint a lawyer?
From the very start of the criminal investigation.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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