A threat consists of uttering threats that can cause justified fear in another person. This usually involves serious threats of crimes against life, health or property.
Threat pursuant to Article 285 Sr
It is punishable to threaten someone with overt violence, with crimes that endanger public safety, or with other serious offences.
Types of Threats
- Threatening physical violence
- Threatening to set fire
- Threatening sexual violence
- Threatening manslaughter or murder
- Threatening kidnapping
Penalty Overview
| Category | Maximum Penalty |
|---|---|
| General threat | 2 years imprisonment |
| Written threat | 4 years imprisonment |
| Threat against public official | Penalty increase by 1/3 |
Conditions for Punishability
Not every angry or malicious word constitutes a punishable threat.
Important Criteria
- Serious threat: no empty words
- Justified fear: in the threatened person
- Intent: to cause fear
- Specific crimes: as mentioned in the law
Online Threats
Threats via the internet are also punishable.
Examples of Online Threats
- Death threats on platforms such as Twitter
- Intimidating messages via e-mail
- Threatening texts via chat apps such as WhatsApp
Relation to Stalking
Threat often goes hand in hand with harassment (stalking), which can aggravate the penalty.
Frequently Asked Questions about Threats in Utrecht
When is a threat punishable?
A threat is punishable if it is serious, causes reasonable fear, is uttered with intent and concerns a specific crime such as violence or arson.
What to do in case of online threat?
Preserve evidence such as screenshots, file a police report and report it to the platform. In serious cases, you can seek legal assistance.
What is the penalty for threat?
The standard maximum penalty is 2 years, for written threats 4 years, and for public officials the penalty is increased by one third.
Are verbal threats punishable?
Yes, verbal threats are punishable if they meet the criteria of seriousness and intent to cause fear.
What distinguishes threat from stalking?
Threat revolves around specific threats that cause fear, while stalking involves repeated obstructive behaviour that disrupts someone's life.
Legal Assistance in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1 handles cases involving threats.