The Latin word coactus, which can be translated as “impulse”, derived from the term coercive. This adjective is used to qualify that or that which develops a coercion or that is a consequence of it.
For example: “The police are investigating a coercive kidnapping that targets a hotel businessman”, “The State must successfully carry out coercive charges if it intends to balance its accounts”, “If necessary, the government will appeal to coercive force to guarantee the free movement of citizens on public roads ”.
In criminal law, coercive kidnapping is called the crime that involves the deprivation of liberty of an individual with the intention of forcing the victim or another person to do or not do something against their own will, this coercion being the purpose of the kidnapping. This crime is also known as qualified coercive deprivation of liberty.
It is essential that there is an objective in the behavior of the kidnapper, whom the law usually calls “the active subject”, so that we can speak of coercive kidnapping. For example, the purpose may be to get the abducted person or a third party to act in a certain way.
On the other hand, the active subject may have the intention that the victim or a third party be subjected to something, that is, in this case a direct but indirect response is not expected, although the crime always affects the freedom of the kidnapped person.
This type of kidnapping has a volitional nuance in that the kidnapper imposes his own will on the victim in a coercive way. It is important to note that the crime is configured regardless of whether or not the purpose of the active subject is achieved, although if it is achieved then the circumstance is taken as an aggravating factor.
A coercive collection, on the other hand, is a power attributed to a public body so that it can enforce the collection of an obligation that a citizen has, without the need for the Judicial Power to act. Thus the body becomes a judge and part of the process in question. The coercive collection, in this way, implies a forced payment.
In other words, coercive collection is a special procedure that gives the Administration the power to demand a payment in its favor directly. In addition to tax obligations, this procedure allows the collection of resources, and the way to carry it out may be the sale of the debtor’s belongings in a public auction once the debtor has voluntarily ignored its payment obligation, since either because he does not have the necessary money or because he refuses.
With respect to the procedure itself, the coercive collection begins when the Tax Execution Judge gives the go-ahead through an administrative act known as a payment order. Once this is done, the offender receives a payment order against him so that he is forced to cancel the amount owed, along with certain additions, such as default interest and the costs of the process.
In a similar sense, taxes and tributes are said to have a coercive character. The State unilaterally imposes a payment obligation that the citizen, whether he agrees or not, must fulfill to avoid incurring in a violation of the law. If the State establishes an annual tax of 3% on the fiscal value of a property as property tax, for example, all property owners must pay it since this tax will be coercive.
