Criminal defense for Criminal Threat in Bonn

Legal Basis

§ 241 StGB

Sentencing Range

Imprisonment of up to one year or a fine (Abs. 1), up to two years (Abs. 2)

Summary

Threatening another person with the commission of a criminal offence against them or a person close to them

An accusation of making a threat under Section 241 StGB has become far more common since the provision was tightened and now frequently concerns online messages. Much turns on the exact wording and on whether a threat of a serious crime was really expressed. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – on the basis of the case file.

Threats (Section 241 German Criminal Code) – Criminal Defense Against Threat Charges

Making threats is an offence against personal freedom under German law, and in practice it is reported particularly frequently in the context of relationship disputes, neighbourhood conflicts, and aggressive confrontations. The 2021 legislative reform significantly expanded the scope of the offence and increased the penalties. For expats in Germany, it is important to understand that even statements made in the heat of the moment may constitute a criminal offence.

Statutory Text – Section 241 StGB

Paragraph 1: Whoever threatens another person with the commission of an unlawful act directed against them or a person close to them which targets sexual self-determination, physical integrity, personal freedom, or property of significant value, shall be punished with imprisonment of up to one year or a fine.

Paragraph 2: Whoever threatens another person with the commission of a felony directed against them or a person close to them shall be punished with imprisonment of up to two years or a fine.

Paragraph 3: The same penalty applies to whoever, knowing better, pretends to another person that the realisation of a felony directed against them or a person close to them is imminent.

Paragraph 4: If the act is committed publicly, at a gathering, or by disseminating content, the penalty shall be imprisonment of up to three years or a fine. The same applies if the threat is directed against a public official.

Elements of the Offence in Detail

Threat: The threat must announce a specific harm over whose occurrence the threatening person purports to have influence. It must be sufficiently concrete – mere expressions of displeasure or vague hints generally do not suffice. However, no verbatim announcement is required; implied conduct can also constitute a threat.

Subject of the threat: Since the 2021 reform, a threat of any unlawful act against sexual self-determination, physical integrity, personal freedom, or property of significant value suffices (para. 1). For the qualified offence (para. 2), the threat must be of a felony – an offence carrying a minimum sentence of one year of imprisonment.

Addressee: The threat must be directed against the person threatened or someone close to them. Persons close to them include family members, partners, and close friends.

Intent: The offender must act intentionally. They must intend for the threat to come to the victim’s attention and to be taken seriously. Whether the offender actually intends to carry out the threatened act is irrelevant.

Typical Methods of Commission

Threats are made verbally, in writing, by telephone, or through digital communication channels (messengers, social media, email). Common situations include threats during relationship break-ups, aggressive statements in neighbourhood disputes, intimidation in business settings, and threats against public officials. Increasingly, threats are also made via social media platforms, which can lead to enhanced sentencing under paragraph 4 due to the public nature of the commission.

Sentencing Range

Simple threats (para. 1) are punished with imprisonment of up to one year or a fine. Threatening a felony (para. 2) can be sentenced with up to two years of imprisonment or a fine. For public commission, commission at a gathering, or through dissemination of content, as well as threats against public officials, the penalty increases to up to three years of imprisonment or a fine (para. 4).

Typical Defense Strategies

Defense against threat charges regularly begins with the question of whether the alleged statement actually had the character of a threat or whether it should be classified as a mere expression of displeasure, a warning, or a situation-specific exaggeration. Particularly in emotionally charged situations, statements are frequently taken out of context or subsequently dramatised. It is further examined whether the required intent was present – that is, whether the accused intended their statement to be understood as a serious threat. In word-against-word situations, the credibility analysis of the accusing statement takes on particular importance. Attorney Bafteh develops a tailored defense strategy for each individual case.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

Is an angry WhatsApp message a criminal threat? Only if it seriously threatens a qualifying offence – impulsive or ambiguous remarks in a heated exchange often do not meet the threshold.

Do screenshots prove the threat? Screenshots can be incomplete or manipulated; authorship, context and completeness are regular defense issues.

Can the case be discontinued? Yes – depending on wording, context and prior record, discontinuation with or without conditions is a realistic outcome.

Should I apologise to the other person? Not before legal review – contact can be misread and may even raise separate issues if investigations are ongoing.

Summons or accusation of Criminal Threat? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Criminal Threat requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.