A threat consists of uttering threats that may cause justified fear in another person. This often involves serious threats of crimes directed at life, body, or property.
Threat under the Criminal Code (art. 285 Sr)
It is punishable to threaten with public violence, crimes that endanger public safety, or other serious offences.
Types of threats
- Threatening physical violence
- Threatening arson
- Threatening sexual violence
- Threatening manslaughter or murder
- Threatening kidnapping
Penalties
| Category | Maximum penalty |
|---|---|
| General threat | 2 years imprisonment |
| Written threat | 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: not an empty statement
- Justified fear: in the threatened person
- Intent: intention to cause fear
- Specific crimes: as mentioned in the law
Online threats in Rijswijk
Threats via the internet or social media are also punishable.
Examples of online threats
- Death threats via platforms such as Twitter
- Intimidating emails
- Threatening messages via apps such as WhatsApp
Threat and stalking
In many cases, threats go hand in hand with stalking, which can aggravate the penalty.
Frequently asked questions about threats in Rijswijk
When is a threat punishable?
A threat is punishable if it is serious, causes fear in the victim, is made with intent, and concerns a specific crime such as violence or murder.
What to do in case of an online threat?
Preserve evidence (such as screenshots), file a police report with the police in Rijswijk, and report it to the relevant platform. Consider legal assistance via Juridisch Loket Rijswijk.
What is the penalty for a threat?
The standard maximum penalty is 2 years imprisonment, for written threats 4 years, and for public officials in office the penalty is increased by one third.
Is a verbal threat punishable?
Yes, verbal threats are punishable if they meet the statutory requirements of seriousness and intent, regardless of the form of communication.
What distinguishes a threat from stalking?
A threat concerns the uttering of threats, while stalking involves repeated harassing behaviour, such as following or unwanted contact. Both can occur together.
Legal assistance in Rijswijk
For legal assistance, you can contact Juridisch Loket Rijswijk. Cases involving threats fall under the District Court of The Hague, to which Rijswijk belongs.