Practice areas
Threats and coercion
A sentence in a dispute, a message after a break-up, a conflict in the neighbourhood: the allegations of threats and coercion often arise from everyday arguments. The procedure behind them is nevertheless serious, and building a defense here starts with the exact wording used.
About Threats and coercion
StGB
What it is about
A threat (Bedrohung, section 241 StGB) involves the announcement of a serious crime against a person or their relatives. Coercion (Nötigung, section 240 StGB) involves forcing someone to do, suffer or refrain from an act by force or threat of a sensitive evil. Both allegations are in the Criminal Code.
In practice, they are close to each other and are often investigated together. Reports typically come from the personal environment: from neighbourhood disputes, from conflicts at the workplace, from separation situations. Often it is a case of one word against another, and the exact wording becomes the core of the proceedings.
What matters in the proceedings
The decisive factor is what was actually said or done and in what context. A statement in a dispute is not the same as a seriously intended announcement. Therefore, everything depends on the wording, the situation and how both sides understood it.
Evidence often consists of messages, voice messages and witnesses from the environment. Knowing these documents completely before commenting is the most important step. Only the file shows what the allegation is based on.
What we do for you
We take over the communication with the police, public prosecutor and court and only comment on the matter once the file is known.
- Immediate take-over after a hearing letter, summons or report
- Inspection of files and examination of which messages and statements actually exist
- Classification of the allegation based on wording and context
- Working towards the dismissal of the proceedings where the facts allow it
- Examination of penal orders and lodging of an objection within the two week period
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
I said something in a dispute that I did not mean like that. Is that already a threat?
Not every statement in a dispute fulfils the allegation. It depends on the wording, the situation and how the statement was to be understood. This is precisely what is disputed in the proceedings. Do not comment on this without knowledge of the file.
The allegation is based on messages. Can I simply delete them?
We advise against this. Messages are usually also available on the other side and are part of the file. Deleting them does not change this and can worsen the impression. It is more sensible to save the complete history and hand it over to us.
Do I have to go to the police if I get a summons?
As an accused person, you do not have to follow a police summons and do not have to make any statements on the matter. Do not cancel the appointment yourself. We will take care of that and apply for file inspection.
Can the proceedings be dismissed?
Whether a dismissal is possible depends on the allegation, the evidence and the circumstances. The decision on this is made by the public prosecutor or the court. We present the points that speak in favour of it.
This information is general in nature and does not replace advice on an individual case.
Further practice areas
Not an emergency, but in need of advice? We will discuss your case in confidence.
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