Threats in criminal law: when is an act considered a crime?
Are you facing threats? Or are you being accused of making threats?
An alleged threat can have serious consequences. For victims, it can cause feelings of fear and insecurity. For suspects, an accusation can have a direct impact on their work, relationships, and freedom—even if you believe the accusation to be unjustified.
Every day , people search for terms such as "criminal threat, " "when is a threat punishable, " and "accused of making threats." In this blog, we explain clearly and legally correctly when a threat is punishable and what you can do about it .
What is a threat according to criminal law?
A threat is present when someone:
deliberately tries to instill fear,
by threatening violence, serious assault, or a crime against life,
and this threat may cause real fear in the other person.
So it's not just about what is said, but above all about how it comes across.
When is a threat punishable by law?
A threat is punishable if:
the expression is sufficiently concrete and serious,
the threat can be considered credible,
and the context makes that fear reasonable.
Not every angry statement or emotional outburst is punishable. The context, the relationship between the parties, and the choice of words are decisive.
What types of threats are common?
Threats can occur via:
verbal expressions (e.g., during a conflict),
written messages (letters, emails),
digital communication (WhatsApp, social media),
indirect threats (via others).
Repetition can also play a role in the assessment.
What can you do if you are threatened?
If you are the victim of threats, it is wise to:
Keep evidence (messages, screenshots, dates/times),
Report it to the police,
Seek legal advice on possible measures,
Continue to report new incidents immediately.
In serious cases, a restraining order or area ban may be imposed.
What if you are accused of making threats?
Accusations of threats often arise in conflict situations, such as:
former partners,
neighbor disputes,
workplace conflicts.
A statement that one person sees as emotional or exaggerated may be perceived as threatening by another.
When facing an accusation, it is important to:
refrain from making any further statements,
be careful with statements,
and seek legal advice in a timely manner.
Even an unjustified accusation can have serious consequences if it is not responded to appropriately.
What are the possible consequences of a conviction?
Depending on the case, threats may lead to:
a penalty order or judicial penalty,
a criminal record,
a restraining order or area ban,
special conditions.
That is precisely why it is important to have the legal strength of the case assessed at an early stage.
Legal assistance in case of threats
Threat cases require nuance and context. A criminal defense attorney can:
assess whether there is a criminal threat,
defend against incorrect assumptions,
and advise on reporting, defense, or protective measures.
Threat or accusation? Have this assessed in a timely manner.
Whether you are a victim or accused: timely legal advice can prevent serious consequences.
👉 Are you facing threats or being accused of making them? Contact us for a no-obligation initial consultation. We will put you in direct contact with a specialized criminal defense attorney.