Threat Suspect: Words, Context, and Evidence

Not every threatening feeling is the same criminal threat

The law criminalizes certain threats, including threats of a crime against life or serious assault. Not every unpleasant comment automatically falls under this category. Conversely, an expression without a literally spoken word of violence can still acquire a threatening meaning due to the circumstances.

The precise expression, the connection and the effect that could reasonably be evoked are therefore relevant for an assessment. Simply saying that the other person did not seem afraid or that you did not have a weapon yourself does not answer those questions. Have it explained which specific form of threat you are accused of and which evidence is used for this.

The history helps understand the meaning

A message during a game, a long-running conflict and a statement during a door visit are not simply comparable. The tone, previous contacts, accompanying actions and knowledge of those involved can influence the meaning. No example on the internet is therefore a fixed list of allowed words.

Create a factual timeline for your attorney. Make a note of the first relevant contact, the exact response and any follow-up messages. Also include information that does not seem favorable; an assessment of an incomplete conversation can turn out wrong later. Keep your own interpretations separate from verifiable data such as times or original text.

A screenshot is useful, but not always complete

Threats can be via message, email, social media, gestures or verbally. When communicating digitally, it is important to keep the entire conversation and the original files. A cropped image may be missing replies, sender information, or a time. This makes research into the context more difficult.

Do not delete or edit messages or attempt to access someone else's account. Keep a lawfully available copy and note which device or account belongs to it. Discuss how relevant material can be safely entered into the file; do not publish a criminal file on social media to explain your side.

• Save original messages with date and sender.
• Include the relevant conversation before and after the statement.
• Note people present and their own observations.
• Save the invitation or other procedural documents.
• Highlight existing restraining orders and other conditions.

Intent is different from a detailed plan for implementation

In the case of threat, it is relevant, among other things, whether the intention was to reach the other person and the threatening meaning. This requires an assessment of the words and circumstances. The fact that someone later says that they never really wanted to do it does not automatically rule out criminal liability. A serious implementation plan is not necessary in every threat case.

Conversely, intent may not be assumed solely because the statement was clumsy in retrospect. Discuss what information supports or contradicts the conclusion. A statement like it was just a joke must be assessed against the actual situation and is not a standard answer that automatically stops an investigation.

Make it clear whether you will be heard as a suspect

When invited for questioning, you can ask about your capacity, the suspicion and the possibility of legal assistance. As a suspect you have the right to remain silent and you can consult with a lawyer in advance. You do not have to first explain the entire dispute by telephone to claim that help.

The guide to the police interrogation helps with preparation. Check the report of a statement: quoted words should not be rephrased unnoticed. Please indicate if you do not recognize a statement, are unsure of a time or need a translation. Clarity about uncertainty is better than guessing.

Do not try to solve the problem by applying pressure

A new message asking for the declaration to be withdrawn may be experienced as extra pressure by the recipient. Do not contact us in violation of any prohibition or condition. First seek legal advice if you want to apologize or resolve a practical issue, for example about shared belongings or children.

Witnesses must also be able to provide their own observations. A group discussion to have everyone confirm the same text can damage the reliability of information. Save existing evidence and refer possible witnesses to the lawyer. In the event of imminent new violence, safety comes first and contact with the police may be necessary.

The settlement depends on the entire case

The Public Prosecution Service can make various decisions after an investigation. A criminal order or summons must be read carefully, especially if you dispute the accusation. The Public Prosecution Service guideline addresses, among other things, the seriousness, context and use of weapons. That is a starting point for the Public Prosecution Service and not a guaranteed judicial outcome.

A first contact with the law does not automatically mean a small fine or a dismissal. Have the current criminal procedure and the appropriate response to the letter reviewed. For questions about registration, the article about the criminal record is relevant; a criminal settlement can mean more than just payment.

If you are threatened yourself, choose the official route of assistance

In case of immediate danger, call 112. For non-urgent police contact, the police call 0900-8844. Save received messages and discuss with the police which form of report or report is appropriate. In the event of a specific security problem, do not just wait for feedback from an online contact form.

You can be both a declarant and a suspect in a conflict. This means that a self-report does not automatically refute an accusation against you. Keep the events and documents of both positions separate and discuss the connection with your lawyer. The explanation about abuse helps if physical violence is also investigated.