Lawyer under Article 129 of the Criminal Code – Threat of murder

Most people have faced threats at least once in their lives. Some of them do not carry any danger and can be said under the influence of emotions. However, there are such threats that can pose a real risk to human health and life. If you believe that the threat of murder is real, you should enlist the help of professional lawyers. Criminal liability is provided for such threats. This is regulated, in particular, by Article 129 of the Criminal Code of Ukraine. Specialists of our Prykhodko and Partners law office will be able to protect your interests qualitatively.

Liability under Article 129 of the Criminal Code

Article 129 of the Criminal Code of Ukraine specifies liability for threats to kill. The measure of punishment is determined depending on the specific circumstances of the case.

If it is proven that there were real grounds for apprehension, the perpetrator may face arrest for a term of up to 6 months or restriction of freedom for a term of up to 2 years.

However, there are aggravating circumstances:

• Action by an organized group.
• Death threats based on national, racial or religious intolerance.

Sanctions in this case are much more severe, namely deprivation of liberty for a term of 3 to 5 years.

Among the features of proving an offense under this article:

1. A way of expression. Threats can be expressed in writing, orally, using various actions (demonstration of weapons, etc.).
2. Frequency. It does not matter how many times the person was threatened - once, several times, systematically.

At the same time, it should be clearly understood that criminal liability arises for the threat of murder, and not for causing serious bodily harm, destruction of property, etc.

As for the reality of the threat, it is determined on a case-by-case basis. At the same time, specific factual circumstances are taken into account.

In the process of solving this issue, subjective and objective criteria are taken into account, namely:

1. Perception of a threat by victims.
2. Intensity and method of expression of threats.
3. The person of the culprit.
4. The nature of the relationship between the offender and the victim.

Evidence base according to Article 129 of the Criminal Code

Physical evidence is of great importance at the pre-trial investigation stage. That is why it is necessary to take care of their preservation.

Such evidence includes:

1. Messages, letters, telegrams with threats.
2. Testimony of witnesses.
3. Dictaphone recordings of conversations.
4. Recording phone calls.
5. Weapon.

Thus, threatening to kill is punishable under Article 129 of the Criminal Code. If we are talking about the destruction of personal property, such actions will be considered petty hooliganism.

Assistance of a lawyer under Article 129 of the Criminal Code

If you are threatened with murder, you fear for your own health and life, you need to learn with the support of professional lawyers.

Prykhodko and Partners specialists will analyze the situation and develop an effective action algorithm.

In order to develop a high-quality protection strategy, it is important that the victim provides all the necessary information:

1. Date and time of threats.
2. The identity of the person making the threat.
3. Detailed content of threats.

We will help you file a police report. If the law enforcement officers are refused to open criminal proceedings, our lawyers will be able to appeal this decision. If necessary, we will represent the interests of the victim in court.

Remember that any threats from another person can be considered as psychological violence. Even for adults, mentally healthy people, such pressure does not pass without a trace. That is why you should worry about protecting your own interests.

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