The Latin word coactus, which can be translated as “impulse”, derived in the term coercive. This adjective is used to qualify that or that which develops a coercion or that it is a consequence of it.
For instance: “The police are investigating a kidnapping coercive victim of a hotel businessman “, “The State must successfully carry out coercive collections 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”.
At criminal law, is called coercive kidnapping 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 talk about coercive kidnapping. For example, him purpose It may be to get the kidnapped 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 are subjected to something, that is, in this case a direct response is not expected but an indirect one, 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 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, it is a power that is attributed to a public body so that it can make effective the collection of an obligation that a citizen has, without the need for the act of the Power of attorney. Thus the body becomes a judge and a party to the process in question. The coercive collection, in this way, supposes 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 process allows the collection of resources, and the way to carry it out can be the sale of the debtor’s belongings in a public auction once he has ignored his obligation to pay voluntarily, either because he does not have the money necessary or why it is refused.
Pay, an obligation
With respect to the procedure itself, the coercive collection begins when the Tax Execution Judge gives the go-ahead through an administrative act that is known by the name of payment order. Once this is done, the offender receives an order to payment against you so that you are forced to cancel the amount owed, along with certain additions, such as default interest and the costs of the process.
In a similar sense, it is said that taxes and the tributes have a coercive character. The State unilaterally imposes a payment obligation that the citizen, whether he agrees or not, must fulfill in order to avoid incurring in a violation of the law. If the State establishes an annual tax on the 3% on the tax value of a property in respect of real estate tax, for example, all property owners must pay it since this tax will be coercive.