A threat consists of uttering threats that may cause justified fear in another person. This concerns serious threats with crimes that endanger life, health or property.
Threat according to article 285 Sr
It is punishable to threaten someone with overt violence, with crimes that threaten public safety, or with other serious offenses such as murder or rape.
Types of threats
- Threat with physical violence
- Threat with arson
- Threat with sexual violence
- Threat with manslaughter or murder
- Threat with kidnapping
Penalties
| Category | Maximum penalty |
|---|---|
| General threat | 2 years imprisonment |
| Written threat | 4 years imprisonment |
| Threat against a public official | Increased by 1/3 |
Conditions for punishability
Not every angry or threatening word is punishable as a threat. Specific conditions must be met.
Important criteria
- Serious threat: not an empty statement
- Justified fear: in the victim
- Deliberate intent: to cause fear
- Specific crimes: as mentioned in the law
Online threats
Threats via digital channels are also punishable and are taken seriously by the courts.
Examples of online threats
- Death threats on platforms such as Twitter
- Intimidating emails
- Threatening messages via chat apps such as WhatsApp
Threat and stalking
Threats often go hand in hand with stalking, which can lead to a heavier penalty.
Frequently asked questions about threats in Leiden
When does a threat become punishable?
A threat is punishable if it is serious, the victim experiences reasonable fear, the perpetrator deliberately intends to cause fear, and it concerns a specific crime such as arson or murder. An example is a message like 'I'll kill you', whereas a general expression of frustration usually is not.
What to do in case of online threats?
Preserve all evidence such as screenshots or messages. File a police report at the police in Leiden, possibly with help from the Juridisch Loket Leiden (Stationsweg 46). Also report the threat to the relevant platform and consider legal assistance in serious cases.
What is the penalty for a threat?
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 in function, such as a police officer, 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, just like written or digital ones. The form of communication does not matter; it concerns the seriousness, intent and whether the victim experiences justified fear. A judge, for example at the Rechtbank Den Haag (Leiden location), assesses this.
What distinguishes a threat from stalking?
A threat revolves around uttering threats that cause fear, while stalking involves repeated obstructive behavior that affects someone's safety or privacy, such as unwanted following or contacting. Both can occur together and aggravate the penalty.
Legal assistance in Leiden
For legal advice on threats, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the Rechtbank Den Haag, Leiden location, handles cases related to punishable threats in this region.