A threat consists of uttering threats that can cause justified fear in another person. It concerns serious threats with offences that endanger life, health or property.
Threat under Article 285 of the Criminal Code
It is punishable to threaten someone with overt violence, offences that harm public safety, or other serious offences.
Types of threats
- Threat with physical violence
- Threat with arson
- Threat with sexual violence
- Threat with manslaughter or murder
- Threat with kidnapping
Imposition of penalty
| Category | Maximum penalty |
|---|---|
| General threat | 2 years' imprisonment |
| Written threats | 4 years' imprisonment |
| Threat against a public official | Increase by 1/3 |
Conditions for punishability
Not every angry or malicious word is considered a punishable threat.
Important criteria
- Serious threat: no empty words
- Justified fear: in the victim
- Deliberate intent: to cause fear
- Specific offences: as mentioned in the law
Online threats
Threats via the internet also fall under punishable threats.
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
Threats are often combined with harassment (stalking), which can lead to a heavier penalty.
Frequently asked questions about threats in Zoetermeer
When does a threat become punishable?
A threat is punishable if it is serious, actually instils fear in the victim, the perpetrator deliberately intended to cause that fear, and it concerns a specific offence such as murder or arson. For example: 'I'll kill you' can be punishable, whereas a general statement of anger usually is not.
What to do about online threats?
Preserve evidence such as screenshots or messages and file a police report with the police in Zoetermeer. Also report it to the platform and consider legal assistance via Juridisch Loket Zoetermeer or a lawyer for further steps.
What is the penalty for threats?
The standard maximum penalty is 2 years' imprisonment. For written threats, this can rise to 4 years. In the case of a threat against a public official, the penalty is increased by one third. Additional sanctions such as fines or contact bans are possible.
Are verbal threats punishable?
Yes, verbal threats are punishable if they meet the statutory requirements of seriousness, concrete threat and intent to cause fear. The form (verbal, written or digital) does not matter, the content does.
What distinguishes a threat from stalking?
A threat revolves around uttering fear-inducing threats, whereas stalking involves repeated obstructive or intimidating behaviour. Both can occur together, which can aggravate the penalty.
For legal assistance in Zoetermeer, you can contact Juridisch Loket Zoetermeer. Cases are often handled by the District Court of The Hague, under which Zoetermeer falls.