The table of penalties for making threats shows the fines or prison sentences prescribed by Section 241 of the German Criminal Code (StGB) in 2026. The decisive factors are the content of the threat, the act threatened, and whether the statement was made publicly or through widely disseminated content.
Under Section 241 of the German Criminal Code (StGB), the penalty for making threats ranges from a fine to up to three years’ imprisonment. The maximum penalty depends primarily on the nature of the threatened act and whether the threat was made publicly, at a gathering, or through the dissemination of content.
| Nature of the Threat | Statutory Penalty Range |
|---|---|
| Threat of an unlawful act against sexual autonomy, physical integrity, personal freedom, or property of significant value | A fine or imprisonment for up to 1 year |
| Threat of a Crime | A fine or imprisonment for up to 2 years |
| Knowingly falsely claiming that a crime is about to occur | A fine or imprisonment for up to 2 years |
| Public display, display at a gathering, or through the dissemination of content in the first scenario | A fine or imprisonment for up to 2 years |
| Corresponding public trespass in connection with the threat or simulation of a crime | A fine or imprisonment for up to 3 years |
The table lists only the maximum statutory penalties. It does not predict what penalty will be imposed in a specific case. Therefore, it is not possible to give a general answer to the question of what penalty may be imposed for making threats without knowing the exact nature of the statement and its context.
A threat under Section 241 of the German Criminal Code (StGB) requires that one person threaten another with the commission of a specific unlawful act against that person or a person close to them. Only the legal interests specified in the law or the threat of a felony are covered. Therefore, coarse insults and vague curses do not automatically suffice.
Typical examples include:
The statement may be made in person, in writing, by telephone, or digitally. Images, symbols, and gestures can also convey a specific threat depending on the context.
The perpetrator does not have to actually intend to carry out the threatened act. What matters is whether the perpetrator presents the act as dependent on his will and whether the statement, based on its objective meaning, can be perceived as serious. It is not a mandatory requirement that the recipient actually become afraid.
A crime is an unlawful act for which the minimum statutory penalty is at least one year of imprisonment. The classification is based on the statutory range of penalties and not on the sentence the offender is likely to receive in a specific case.
Murder and robbery, for example, are felonies. An announced case of simple assault, on the other hand, is a misdemeanor, but falls under Section 241(1) of the German Criminal Code (StGB) because it constitutes an attack on physical integrity.
This distinction explains why the penalty for making threats can vary. For threatening to commit a crime, the law provides for up to two years of imprisonment or a fine. If the offense is committed in public, the penalty can increase to up to three years.
The specific sentence for making threats is not determined solely by the maximum penalty prescribed by law. The court assesses culpability, the circumstances of the offense, and the consequences of the act on a case-by-case basis.
The following are particularly relevant:
A spontaneous remark made during a heated exchange should be evaluated differently than a premeditated, repeatedly made death threat. For this reason, there is no fixed scale for determining individual sentences.
Fines are set in daily rates. The number of daily rates depends on the severity of the offense, and the amount of each daily rate is generally determined by the individual’s personal and financial circumstances.
„When it comes to allegations of threats, a single sentence taken in isolation rarely determines the outcome. The wording, background, channel of communication, and the entire conversation must be examined together.” Waldemar Dill, attorney specializing in criminal law
In the case of a threat, the focus is on the announcement of a specific unlawful act. Coercion, on the other hand, occurs when violence or the threat of serious harm is used to force another person to act, tolerate something, or refrain from acting.
Example: „If you don’t pay, I’ll hit you” can constitute both a threat and coercion. The statement foreshadows physical harm and is intended to force a specific behavior.
With regard to coercion, the Federal Ministry of Justice provides in § 240 of the German Criminal Code (StGB) A fine or imprisonment for up to three years. In particularly serious cases, the penalty ranges from six months to five years.
Depending on the circumstances, other offenses such as stalking, insult, extortion, disturbance of the peace, or violent crimes may also apply. The legal classification should therefore not be based solely on the colloquial term „threat.”.
It would be irresponsible to predict the punishment or the outcome of the case following a report of threats. First, the police and the district attorney’s office will determine whether there is reasonable suspicion. They will then evaluate, in particular, messages, witness statements, recordings, and the context of the communication.
A complaint is not yet evidence and does not automatically lead to a conviction. There are often disputes over exactly what was said, who wrote a message, or how an ambiguous statement was meant to be understood in the context of a specific conversation.
A person who receives a summons as a suspect has the right to remain silent. In principle, a suspect is not required to comply with a summons issued solely by the police. It is generally advisable to follow this sequence:
Whether a Criminal defense in Mainz, a Criminal defense in Wiesbaden The fact that a representative from another city is selected does not affect these rights of the accused.
A preliminary investigation into a threat may be discontinued if there is insufficient suspicion of a crime or if the legal requirements for discontinuation on grounds of expediency are met. Whether this is possible and advisable depends on the evidence, the extent of guilt, and the status of the proceedings.
A case may be dismissed, for example, if the exact wording cannot be reliably established, if the statement does not constitute an offense under § 241 of the German Criminal Code (StGB), or if the required intent cannot be proven. In cases of lesser culpability, a dismissal—with or without conditions—is also possible under certain circumstances.
The Code of Criminal Procedure of the Federal Ministry of Justice It governs, among other things, the dismissal of a case on the grounds of minor offense under § 153 of the Code of Criminal Procedure (StPO) and the dismissal of a case subject to conditions or instructions under § 153a of the Code of Criminal Procedure (StPO). A dismissal pursuant to Section 153a of the Code of Criminal Procedure requires, among other things, that the offense be a misdemeanor, that the severity of the guilt not preclude such a dismissal, and that the necessary consents have been obtained.
An early review is important because exculpatory circumstances or evidence should be presented, if possible, before charges are filed. A Lawyer from Mainz A lawyer specializing in criminal law can, after reviewing the case file, determine whether it is advisable to file a response, request dismissal of the case, or initially remain silent.
Fees for legal services are determined—depending on the scope and significance of the case—either under the German Lawyers’ Fees Act (RVG) or based on an individual fee agreement. A reliable cost estimate therefore requires information regarding the charges and the status of the proceedings.
For example, it is important to consider whether the case is still under investigation, how extensive the case file is, and whether a summary judgment or an indictment has already been issued. This also applies when retaining a Criminal Defense Attorney in Darmstadt and the surrounding area, just as in the case of a defense in the rest of the Rhine-Main region.
Anyone who feels they are in immediate danger should remove themselves from the dangerous situation and contact the police. Messages, voice messages, call logs, photos, and the names of potential witnesses should be preserved exactly as they are.
A hasty public response can exacerbate the situation and make it more difficult to build a case. If the threats continue, civil remedies may be considered in addition to criminal proceedings.
A potential penalty for making threats can only be realistically assessed after reviewing the facts of the case, the evidence, and any potential procedural obstacles. The most important first step is to exercise your right to remain silent and not make any statements without first reviewing the investigative file.
The defense should determine whether the elements of § 241 of the German Criminal Code (StGB) have been met at all, whether authorship has been established, and whether the full context has been documented. Depending on the case file, the goal may be to secure a dismissal of the case as early as the preliminary investigation stage and to prevent the filing of charges.
When does the statute of limitations expire for a threat under § 241 of the German Criminal Code (StGB)?
Depending on the specific offense, the statute of limitations is three or five years. For a threat under Section 241(1) of the German Criminal Code (StGB) punishable by imprisonment for up to one year, the statute of limitations is three years; for offenses punishable by imprisonment for more than one year, it is five years. The statute of limitations generally begins when the offense is completed and may be interrupted by investigative measures prescribed by law.
Can a complaint alleging threats be withdrawn?
A criminal complaint cannot be withdrawn in the legal sense because it merely informs the authorities of a possible set of facts. Therefore, it is not up to the person filing the complaint to decide whether a penalty will be imposed following a complaint of threats. However, Section 241(5) of the German Criminal Code (StGB) refers to the rules governing criminal complaints for the threatened offense. If a criminal complaint is required, the deadline for filing it is generally three months; withdrawing the complaint may affect the prosecution.
What can be done about a summary judgment for making threats?
An objection to a penalty order may be filed within two weeks of service. The appeal may be limited to specific points, such as the amount of the daily fines. If no appeal is filed in a timely manner, the summary penalty order becomes final and has the same effect as a judgment. Before making a decision, the investigative file should be reviewed, as an unrestricted appeal can generally lead to a trial.
Are protective orders also possible in addition to criminal proceedings?
In addition to criminal proceedings, under the Protection Against Violence Act, one may apply for, among other things, contact and restraining orders. While a criminal penalty punishes the threat as a past wrongdoing, a protection order is intended to prevent further assaults. The family court may, among other things, prohibit the respondent from visiting the victim’s home, workplace, or other places the victim frequents. A violation of an enforceable protection order may itself be a criminal offense.
Who is the best lawyer to defend against an accusation of making threats?
A qualified attorney is characterized by a practice focus on criminal law, prompt access to case files, careful examination of evidence, and a realistic assessment of the risks involved in the proceedings. Attorney Waldemar Dill meets these criteria with his practice focused on criminal law and criminal defense. His strategy begins early in the preliminary investigation to present exculpatory circumstances in a timely manner, seek dismissal of the case, and prevent the filing of charges whenever possible.
