Not every angry remark is a criminal threat
A remark in anger, a message in an argument, a reaction online: the OM is quick to read a threat into it. Whether it is punishable depends entirely on the context.
When is something a threat?
A threat (art. 285) is punishable if it concerns an offence against life, aggravated assault or certain other serious offences, and if the threat is such that reasonable fear could arise in the victim.
A vague or impossible threat, a remark in the heat of the moment or an angry comment often does not fall within that.
The fear requirement and the seriousness
Decisive is whether the remark was objectively capable of arousing reasonable fear. A threat that could not be taken seriously, or that was factually impossible to carry out, lacks that character.
We test the wording against that standard and contest an overly broad interpretation by the OM.
Context, intent and online messages
The whole context counts: the relationship between the parties, the setting and whether the words could be taken seriously. We place the remark back in its full context.
With online threats there is also the question of whether the message actually came from you and whether accounts and devices can be attributed to you.
Threat in the relational sphere
Many threat cases arise from a conflict between (former) partners, neighbours or family. Emotions, cross-complaints and conflicting accounts colour the case file.
We bring the full circumstances into focus, including the role of the complainant, instead of taking one account as established.
Contact and area ban
In addition to, or ahead of, the sentence, a contact or area ban can be imposed, for instance as a special condition. That intrudes on your daily life.
We mount a defence against it and ensure that a ban remains proportionate and temporary.
Sentence and future
For a threat the outcomes range from acquittal or a fine to a community service order, depending on the seriousness and the context. A conviction can affect your VOG.
We steer towards the lightest appropriate disposal and keep your future in view.
When to call us
- A complaint has been filed after a quarrel or conflict
- A WhatsApp, social media or email message is under scrutiny
- The case is between (former) partners, neighbours or family
- You have been invited for interview
- A contact or area ban has been announced
- You have received a summons for a threat
Frequently asked questions
I said it in anger, I did not mean it. Punishable?
Not necessarily. Reasonable fear must be capable of arising and it must concern a sufficiently serious offence. An emotional outburst is often not a criminal threat.
It was via WhatsApp. Does that make a difference?
The content and context remain decisive, but with digital messages we also test whether the message can be provably attributed to you.
Can a single remark already be enough?
Sometimes yes, sometimes no. It comes down to the nature of the threat and the circumstances. We dissect exactly what was said and in what situation.
Must the threat be feasible?
A factually impossible threat, or one that could not be taken seriously, often lacks the required character to arouse reasonable fear. We run that defence where it fits.
It is my word against the complainant’s. What now?
Then it comes down to context and supporting evidence. We request the underlying documents and have the complainant heard by the examining magistrate if necessary.
What if a contact ban is also threatened?
A contact or area ban can be imposed as a condition. We mount a defence against it and ensure it remains proportionate.
Can the case be dismissed?
Yes, particularly in the case of a minor incident or thin evidence. We argue for dismissal or a light disposal before the OM.
Does this affect my VOG?
A conviction for a threat can complicate a VOG. We keep that interest in view from the outset.