Original scientific paper

https://doi.org/10.65342/door.2.1.2

Sense and Sensibility: The Criminal Aspect Of Emotional Manipulation

Gloria Gudelj orcid.org/0000-0002-0716-4927
Sara Horvatić orcid.org/0009-0007-1624-8456

Abstract

This paper examines emotional manipulation as a normatively underdeveloped yet criminally relevant form of influence on individual autonomy and freedom of decision-making. Building on the theoretical distinction between permissible persuasion and impermissible manipulation, it analyses the concept's position within existing criminal law doctrines in Croatian law, particularly in relation to domestic violence, violations of children’s rights, fraud, and criminal offences against sexual freedom. Special emphasis is placed on emotional manipulation as a means of committing criminal offences, highlighting its impact on the formation of the victim’s will in the absence of traditional forms of coercion. The paper further polemicises the criteria for criminal relevance, including the intensity of influence, intent, and the occurrence of harmful consequences, as well as the evidentiary challenges involved. The analysis of the 'Tinder Swindler' case illustrates the complexity of legally qualifying emotionally conditioned fraud and the limitations of the traditional concept of deception. A comparative overview of the concept of coercive control in UK law demonstrates a broader normative approach to the protection of psychological integrity and points to the need for further development of criminal law frameworks.

Keywords

emotional manipulation, domestic violence, freedom of decision-making, psychological abuse, fraud

Hrčak ID:

347823

URI

https://hrcak.srce.hr/347823

Publication date:

15.6.2026.

Article data in other languages: croatian

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