Publication date: 05.06.2024
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Pursuant to Article 129 of the Criminal Code, if there were real grounds for fearing the execution of a threat, the punishment is imprisonment in the form of restraint of liberty for a term of up to two years.
On the objective side, the criminal offense includes actions aimed at intimidating a person, which consists in threatening to take his life. The threat can be expressed in any form: verbally, in writing, through facial expressions, gestures, demonstration. It is important that the victim perceives this threat as real and concrete, that is, one that can be carried out. The reality of the threat is assessed in each specific case separately, taking into account various factors: form, place, time, circumstances of the expression of the threat, previous relations between the perpetrator and the victim. A necessary condition is that the threat is addressed to a specific person, even through intermediaries. A criminal offense is considered completed from the moment the threat is brought to the attention of the victim.
The threat of murder, regardless of the way it is expressed, must have a clearly defined nature. This means that the person making the threat must specifically outline the harm he threatens. In most cases, verbal threats include such expressions as "kill", "slay", "chop", that is, words that have only a direct meaning.
Such actions are often accompanied by the display or partial use of various tools and means, such as knives, firearms or traumatic weapons, flammable substances or chemical mixtures, axes and other objects that can cause bodily harm, as well as physical violence.Regarding the choice of the method, place, time and circumstances of making a threat to kill, there is no systematicity - the place and time depend only on the random choice of the culprit (private house, apartment or other premises, street or other open place), and the method - on previous connections relations between the perpetrator and the victim and the presence of tools and means. A threat to kill can be made verbally, through communication or mass media, indicating a certain method of its execution. Most often, this type of crime occurs in daylight and less often - in the dark. The situation of any committed murder threat is characterized by panicked moods and a sense of hopelessness between the perpetrator and the victim.
The subjective side of a criminal offense is determined by direct intent. At the same time, the real intentions of the perpetrator in committing the murder are irrelevant. Depending on the motive, the criminal offense should be qualified under the first or second part of Article 129 of the Criminal Code.
A lawyer must carefully consider Article 129 of the Criminal Code, analyze the circumstances of the case and develop a defense strategy. During the defense, he can argue the absence of direct intent to commit murder and consider other factors affecting the nature of the crime. The lawyer will also provide legal support and help the client understand the situation during the legal process.If you receive a death threat, notify your local police or law enforcement immediately. Seek help from the law and use all possible measures to protect your safety. Do not delay in reporting, such situations are serious and require immediate attention.
# Lawyer 129 of the Criminal Code # Lawyer Threat of murder #
