Offence against persons
Threats and coercion defence lawyer
Arts. 169-171 Criminal Code
Threats and coercion are often confused in everyday language but have a different structure: a threat announces a future harm, coercion prevents or compels someone to act against their own will, immediately. That distinction determines the applicable offence and, with it, the sentence.
The evidence is usually limited to messages, recordings or witnesses, and its assessment depends heavily on context: the same words can be a serious conditional threat or an expression with no criminal relevance, depending on the situation in which they are said.
Someone who receives a threat needs protection immediately, not just a long procedure; and someone wrongly accused needs it established quickly that an expression with no criminal relevance is not the same as a real offence.
Scope of work
- Defence of the suspect in threats and coercion cases
- Applications for protective measures on behalf of the threatened person
- Gathering and challenging electronic evidence (messages, recordings)
- Private prosecution where the client is the threatened person
When to call
- You have received threats and need to assess whether a protective order is appropriate
- You have been reported over statements you consider taken out of context
- There are messages or recordings that need to be properly submitted in the proceedings
Frequently asked questions
Is any upsetting statement a criminal threat?
No. A criminally relevant threat requires the announcement of a specific, future and credible harm. A general expression of anger, without that announcement, may fall short of the criminal threshold, even if unpleasant for the person receiving it.
Can I request a protective order?
Where the legal requirements are met, a protective order or other precautionary measures (exclusion, non-communication) can be requested from the investigation stage onwards, without waiting for a judgment.
Are WhatsApp messages valid evidence?
Yes, provided they are submitted in a way that allows their authenticity and integrity to be verified; a simple screenshot with nothing else to support it can be challenged. It is worth taking advice on how to submit them before doing so.