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Threatening messages: what needs checking?

You are suspected of making a threat through messages. The content and circumstances need assessment. Saying you were angry or joking does not by itself decide whether the conduct was criminal.

Duration: 1:38

Further reading and sources

This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.

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Criminal Law in the Netherlands.

You are suspected of making a threat through messages. The content and circumstances need assessment. Saying you were angry or joking does not by itself decide whether the conduct was criminal.

Discuss who had access to the account and what is known about authorship and receipt. A screenshot does not automatically resolve every question about sender, completeness and context.

Save the existing conversation and relevant files lawfully. Keep surrounding messages and dates. Do not delete exchanges or present an edited fragment as the complete original conversation.

Record your own recollection and identify what comes from records or other people. Do not invent an explanation for a message you cannot reliably place in context.

Do not contact the recipient or witnesses to agree on a story or seek a changed statement. Discuss any necessary practical contact and any restriction with your lawyer first.

Ask your lawyer which legal elements and factual issues matter. Discuss whether additional material or investigation is needed. A suspicion must be assessed on the evidence, not only the label attached to a message.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Criminal Code: descriptions of offences, age and conditionsOpens in a new tabwetten.overheid.nlhttps://wetten.overheid.nl/BWBR0001854/
  2. Supreme Court, June 7, 2005, ECLI:NL:HR:2005:AT3659: nature and circumstances of a threat; destruction and returnOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2005:AT3659
  3. Supreme Court, March 18, 2025: tightened framework after CG/LandeckOpens in a new tabhogeraad.nlhttps://www.hogeraad.nl/actueel/nieuwsoverzicht/2025/maart/hoge-raad-stelt-aanleiding-zaak-landeck-eigen-rechtspraak-punt/
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