Is it illegal to threaten someone?
July 7, 2023 | 40,00 EUR | answered by Uwe Riedmüller
Dear lawyer,
I am reaching out to you with an urgent question regarding criminal law. My name is Maria Tiefbach and I am concerned about a recent situation that has occurred. An ex-friend of mine has made multiple threats towards me, both verbally and in writing. I feel extremely unsettled and threatened by this. Now I am wondering if it is illegal to threaten someone, and what legal steps I can take to protect myself.
The background information to my case is as follows: The former friend with whom I had a falling out some time ago has threatened me several times in the past few weeks. He has threatened me with physical violence and informed me that he would harm me if I did not comply with his demands. These threats have greatly frightened me and I feel threatened in my safety and well-being.
I would like to know if these threats are punishable and if I can take legal action against my former friend. What options do I have to protect myself and how can I ensure that such threats are prevented in the future? I am truly concerned about my safety and would like to know the best course of action in this situation.
Thank you in advance for your support and guidance.
Sincerely,
Maria Tiefbach
Dear Mrs. Tiefbach,
Thank you for your inquiry regarding the threats from your former boyfriend. First and foremost, it is important to know that threats are punishable by law and legal action can be taken against them. According to § 241 of the German Criminal Code (StGB), it is a crime to threaten another person in order to coerce them into an action, tolerance, or omission. The threat can be made verbally or in writing, as in your case.
In your specific case, where your former boyfriend has threatened you with physical violence, it constitutes coercion. This offense is punishable under § 240 StGB and can result in a prison sentence of up to three years or a fine. It is therefore possible to take legal action against your former boyfriend to protect yourself from further threats and attacks.
To effectively protect yourself and ensure that such threats are prevented in the future, I recommend that you immediately report the incident to the police. There, you can explain the situation and initiate criminal proceedings against your former boyfriend. Additionally, you can consult a criminal defense lawyer who can assist you in enforcing your legal rights.
Furthermore, you can also apply for a temporary restraining order to obtain a no-contact order against your former boyfriend. This measure can help prevent him from approaching you and thus protect you from further threats.
Overall, it is important that you take the threats from your former boyfriend seriously and respond appropriately. Do not hesitate to take legal action to protect yourself from further attacks.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Uwe Riedmüller
Criminal Defense Lawyer
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