Threats


Threatening to commit a felony or a violent misdemeanour against another person is an offence punishable under Articles 222-17 and 222-18 of the French Criminal Code, whether the threat is made on its own or accompanied by an order to fulfil a condition.

  1. The Physical Element of the Offence of Making Threats 

For conduct to constitute a criminal threat, the perpetrator must threaten to commit a felony or a misdemeanour against an identifiable or identifiable-to-be person. 

The threat may take any of the following forms:  

  • A threat to a person's physical integrity, such as threats of violence, death, torture, rape, or similar offences. 
  • A threat against property, such as threatening to destroy or damage another person's belongings. 

It may be accompanied by a demand to perform a particular act (a form of blackmail, for example, "if you do not do X, I will do Y") or it may be made without any condition.  

The threat must satisfy the following conditions: 

  • Either be repeated, meaning that it is made on at least two separate occasions; 
  • Or be evidenced by a writing, an image, or any other object, such as an email. 

Thus, where the threat is not embodied in a tangible medium, it may be made verbally or through gestures, provided that it is sufficiently clear and unequivocal and is repeated. Where the threat is embodied in a tangible medium, it does not need to be repeated. 

In all cases, the threat must be serious and capable of causing genuine fear in the victim. The courts assess the seriousness of the threat in concreto, meaning that they take into account the specific circumstances of each case. 

  1. The Mental Element of the Offence of Making Threats 

The perpetrator must intentionally make the threat, with the aim of causing the victim to feel fear. 


Penalties 

A threat to commit a felony or a misdemeanour is punishable by six months' imprisonment and a fine of €7,500. 

Where the threat is made together with an order to fulfil a condition, it is punishable by three years' imprisonment and a fine of €45,000. 

Where the threat is a death threat, the penalties increase to three years' imprisonment and a fine of €45,000 where no condition is imposed, and to five years' imprisonment and a fine of €75,000 where the threat is accompanied by an order to fulfil a condition. 

Where the offence is committed by the victim's spouse, cohabiting partner, or civil partner under a PACS (Article 222-18-3 of the French Criminal Code):

  • A simple threat is punishable by three years' imprisonment and a fine of €45,000. 
  • A threat accompanied by an order to fulfil a condition is punishable by five years' imprisonment and a fine of €75,000. 
  • A simple death threat is punishable by five years' imprisonment and a fine of €75,000. 
  • A death threat accompanied by an order to fulfil a condition is punishable by seven years' imprisonment and a fine of €100,000. 

Where the offence is committed against persons performing public, security, judicial, educational, or healthcare functions, a simple threat is punishable by three years' imprisonment and a fine of €45,000. The penalties increase depending on the seriousness of the threats made. 

Threats made with the intention of inducing the victim of a felony or misdemeanour not to file a criminal complaint, or to withdraw one, are punishable by three years' imprisonment and a fine of €45,000, pursuant to Article 434-5 of the French Criminal Code.

Finally, Article 421-2-4 of the French Criminal Code provides that threatening a person in order to compel them to join a terrorist group or to commit an act of terrorism is punishable by ten years' imprisonment and a fine of €150,000.


Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim of, or accused in, a case involving criminal threats?
Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – lesot@loispamelalesot.com

The firm regularly represents and advises both victims and individuals accused in cases involving criminal threats, as well as in relation to a wide range of other criminal offences, such as blackmail and abuse of vulnerability.

If you wish to file a criminal complaint in relation to threats, you can read this article.
If you are accused of making threats, you can prepare for police custody (garde à vue) by reading this article, and for a voluntary police interview by reading this article.


Article published: 12 June 2024 | By Lois Pamela LESOT