Bedreiging

Threat

Threat is the intentional causing of a person to fear the commission of a criminal offence against that person or a third party, thereby placing that person in fear.

The offence of threat falls under Article 285 of the Criminal Code and consists of intentionally causing another person to fear that an offence will be committed against them or a third party. Such a threat may be made orally, in writing or by digital means. To be punishable, the threat must be specific and credible.

The significance of the offence lies in the protection of personal safety and mental integrity. It serves to prevent individuals from being subjected to coercion or intimidation, which commonly arises in conflict situations such as divorce proceedings, neighbour disputes or online harassment.

In practice, the offence frequently features in criminal proceedings and may attract a custodial sentence of up to two years, depending on the gravity of the conduct and the circumstances of the case. Legal practitioners routinely examine whether the expression in question constitutes a threat and whether there is sufficient evidence of intent.

“The defendant was convicted of threat after threatening his ex-partner with death via WhatsApp.”

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