Not every aggressive response constitutes the crime of threatening. Article 206 of the Criminal Code Criminal Code it concerns an act of threat as provided by law and requires that it be of such a nature as to produce a state of fear. The classification is made based on the exact words, context and evidence, not just on the label used by one of the parties.

What acts are provided for by Article 206?

The basic form consists of threatening a person with the commission of a crime or a harmful act directed against them or another person, if the message is capable of producing a state of fear in them. The punishment is imprisonment from 3 months to one year or a fine, without the punishment applied being able to exceed the sanction provided for the crime that formed the object of the threat.

Article 206 also regulates the threat of bringing about the actual or imagined act, compromising the person concerned or a family member, when the purpose provided for by law for blackmail is pursued. If the acts referred to in paragraphs (1) or (2) are committed against a minor, the special limits of the punishment are increased by one third.

How is the state of fear assessed?

The analysis takes into account the concrete wording, tone, repetition of messages, the relationship between the persons, the previous behavior and the circumstances in which the message was conveyed. It is not necessary that the reported harm has actually occurred. On the other hand, mere resentment or subjective perception, detached from the context, does not by itself establish the existence of the crime.

What evidence can be useful?

  • messages, emails and conversations from applications, kept together with the data and context;
  • records obtained and used in accordance with the law;
  • statements of witnesses who heard the message or know the relevant circumstances;
  • other entries or data that can confirm the sequence of events.

Screen captures may require verification of authenticity and the full conversation. Keep the original materials and do not modify or delete the messages. The legality and value of each piece of evidence are assessed in the specific case file.

Threat, blackmail or verbal conflict?

Threatening and blackmailing are separate offenses. Blackmail, regulated in Article 207 of the Criminal Code, involves coercing a person to obtain unjust gain under the conditions provided by law. A tense discussion or a warning that a right will be exercised does not automatically become a crime; the formulation and circumstances must be analyzed in their entirety.

Pre-trial complaint and time limit

For the offense of threat, criminal action is initiated upon the prior complaint of the injured person, pursuant to Article 206, paragraph (3). The general deadline for filing the preliminary complaint is 3 months from the day the injured person learned about the commission of the act, according to Article 296 of the Code of Criminal Procedure; the concrete situation may require verification of the date and method of notification. If you are involved in a case, preserve evidence and seek guidance without delay.

Consult the official form of the Criminal Code, articles 206–207. The information is general and does not replace the analysis of the documents and evidence in an individual case.