A threat consists of uttering threats that may cause justified fear in another person. This often involves serious threats of crimes against life, health or property.
Threat under the Law (art. 285 Sr)
It is punishable to threaten with public violence, with offences that endanger public safety, or with specific serious offences.
Types of Threats
- Threatening with physical violence
- Threatening with arson
- Threatening with sexual violence
- Threatening with murder or manslaughter
- Threatening with kidnapping
Penalties for Threats
| Category | Maximum Penalty |
|---|---|
| General threat | 2 years' imprisonment |
| Written threat | 4 years' imprisonment |
| Threat against public official in office | Increase by 1/3 |
Conditions for Punishability
Not every angry or threatening word is punishable as a threat.
Important Criteria
- Serious threat: no empty words
- Justified fear: in the victim
- Intent: to cause fear
- Specific offences: as mentioned in the law
Online Threats in Westland
Threats via the internet or social media are also punishable.
Examples of Online Threats
- Death threats via platforms like Twitter
- Intimidating emails
- Threatening messages via chat apps
Threat and Stalking
Threat often goes hand in hand with stalking, which can aggravate the penalty.
Frequently Asked Questions about Threats
When is a threat punishable?
A threat is punishable if it is serious, causes fear in the victim, is uttered intentionally, and concerns a specific offence such as violence or arson.
What to do in case of online threats in Westland?
Preserve evidence such as screenshots, file a police report and report the incident to the platform. Consider legal assistance via Juridisch Loket Westland.
What are the penalties for threats?
The penalty can amount to up to 2 years' imprisonment for a general threat, 4 years for a written threat, and is increased for threats against public officials.
Are oral threats punishable?
Yes, oral threats are punishable if they meet the statutory criteria of seriousness and intent to cause fear.
What distinguishes a threat from stalking?
A threat revolves around threats that cause fear, whereas stalking involves repeated intimidating behaviour that disrupts someone's life.