Criminal liability for threats of physical violence

From the point of view of qualifications, crimes against human health and life are among the most complex and serious. Any threat from another person is considered psychological violence. In this article, the specialists of our law firm Prykhodko and Partners will describe the possibility of criminal liability for threats of violence against a person accompanied by infliction of physical injuries.

Legislative framework of the issue

Very often in modern Ukraine, people face threats. The situation worsened especially with the beginning of a full-scale invasion. Some of them can be characterized as harmless and aimed at exerting an emotional and moral influence on a person, others as a real prerequisite for committing an illegal act. After threats of physical violence, significant moral and physical damage can be caused to a person.

In what cases is it necessary to contact a lawyer and representatives of law enforcement agencies? Let's start with the fact that threats in themselves are tools of moral influence and are not accompanied by the onset of real legal, in particular, criminal liability.

Important: similar statements about intentions by qualification are a punishable act in cases where they threaten:

• Committing actions that can be characterized as a terrorist attack (Article 258 of the Criminal Code of Ukraine).
• Damage to property (Article 195 of the Criminal Code of Ukraine).
• Murder (Article 129 of the Criminal Code of Ukraine).

Thus, in most conflict situations, the greatest threat is damage/destruction of property, bodily harm, and murder.

If there is even a minimal threat, it is best to enlist the support of lawyers. Our specialists will be able to understand the situation as quickly and qualitatively as possible, develop an algorithm of actions and, if there is a real need, contact representatives of law enforcement agencies.

What criminal liability is provided for threats of physical violence?

Above, we have already considered the possible conditions for the onset of criminal liability. There are also a number of threats that can be made against certain categories of persons. Among them are judges, witnesses, officials, statesmen, etc.

For example, Article 129 of the Criminal Code of Ukraine provides for liability for threatening to kill. It is possible to bring criminal responsibility under this article in cases where there are real grounds for fear of committing the illegal actions specified in the threats. The main thing is to provide the court with irrefutable evidence. The relationship of the victim to the threats is of great importance.

The Criminal Code of Ukraine provides for the following types of punishment for threats of physical violence:

• Restriction of freedom for up to 2 years.
• Arrest for up to 6 months.

A more severe punishment is provided for threats to kill against the background of any of the manifestations of intolerance based on skin color, nationality, religion - from 3 to 5 years of imprisonment.

Assistance of professional lawyers

If you are threatened with physical violence, the first thing to remember is not to panic. Panic prevents you from concentrating and making a plan of action. Threats cannot be taken lightly. It is necessary to immediately start collecting relevant physical, informational and other evidence. The evidence base increases the probability of proving in court a real transition from threats to the direct commission of a crime. We recommend in such cases to immediately contact lawyers and representatives of law enforcement agencies. Our lawyers will be able to protect your interests even in the most difficult situations.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services in criminal cases involving the risk of physical violence, fill out the form below.