The offence of making threats: when should you call a lawyer?
Criminal Law · Art. 206 of the Criminal Code
In everyday life, conflicts between people can sometimes escalate into tense situations in which verbal or even written threats are made. Although many are inclined to treat these as mere outbursts of temper, Romanian criminal law regards a threat as a serious offence, one that can carry significant legal consequences. That is precisely why it is essential to understand when such a situation goes beyond an ordinary dispute and becomes a legal problem for which you need a lawyer for threat offences.
If you are already receiving threatening messages, or you simply want to know exactly how the law protects you, our team of specialist lawyers is ready to advise you.
3 months – 1 year
imprisonment or a criminal fine (base penalty)
3 months
time limit for filing the prior complaint
−1/3
reduction where the defendant admits the offence
Art. 206
Criminal Code - offences against personal liberty
What the offence of making threats means
Legal definition: potrivit art. 206 of the Criminal Code, a threat is the act of conveying to a person the promise that an offence or a harmful act will be committed against that person or against another, where it is such as to cause a state of fear.
This harm may be directed at:
- the person's life or physical integrity
- their property
- their reputation or other legitimate rights
- family members or close relatives
“Worth remembering: not every angry remark automatically amounts to an offence. For the act to be punishable, the threat must be such as to cause the victim genuine fear.”
- BSA Avocati Team, Criminal Law Department
Important: the effect on the victim matters
A remark made in the heat of the moment, with no real intent and no effect on the person concerned, may not be treated as an offence. By contrast, where the person threatened feels intimidated, frightened or in danger, the matter becomes criminally relevant, and criminal proceedings may be brought only upon a prior complaint by the injured party.
The forms a threat may take
In 2026, threats are no longer confined to face-to-face encounters. The development of digital communication has considerably widened the forms this offence can take:
1
Verbal, in person
The oldest form - a face-to-face confrontation, with or without witnesses. Often the hardest to prove without eyewitnesses.
2
By telephone
Voice calls with threatening content. Call recordings and call logs may serve as evidence.
3
Written messages
SMS, WhatsApp, Messenger, email. These are the easiest to document - a screenshot plus metadata.
4
Social media
Public posts, comments, private messages on Facebook, Instagram, TikTok. Anonymous threats included.
5
Through intermediaries
Passed on through other people. If the message reaches the victim and causes fear, it may amount to an offence.
6
Letters / notes
Handwritten or printed threats. These can be examined by a handwriting expert and may yield identification evidence.
7
Threatening gestures
Displaying weapons, stabbing motions, threatening facial expressions. The context and the victim's perception are decisive.
8
Implied / indirect
Photographs of a threatening nature, references to the victim's address or daily routine, coded messages with an intimidating meaning.
The penalty according to the seriousness of the offence
Romanian law does not lay down a fixed penalty - it varies with the context, the seriousness and the surrounding circumstances. The chart below shows the maximum terms of imprisonment for making threats and for related offences that may be charged in the same case:
Maximum penalty - a comparison
Maximum term of imprisonment laid down by the Criminal Code (years)
Harassment (art. 208)
6 months
Simple threat (art. 206)
1 year
Threats + domestic violence
1 year 3 months
Blackmail (art. 207)
1–5 years
Blackmail with a threat to life
2–7 years
Unlawful deprivation of liberty + threat
3–10 years
The specific rule under Article 206(1)
The penalty for a threat may not exceed the penalty provided by law for the offence threatened. In other words, if someone threatens you with an act punishable by six months, the threat itself cannot be punished by more than six months.
When a threat becomes a serious problem
There are several situations in which a threat must be treated with the utmost seriousness and in which instructing a lawyer is no longer optional:
1
Where there is repetition
If a person sends threats on a constant basis, we are already dealing with abusive conduct that may escalate - and that may be reclassified as hartuire, under Article 208.
2
Where the threat is credible
If the person making the threat has the means or the history needed to carry it out (a criminal record, access to weapons, previous violent behaviour), the risk is far greater.
3
Where genuine fear is caused
The law focuses on the effect on the victim. If the victim lives in a state of anxiety, suffers sleep disturbance or constant fear, the offence is considerably more serious.
4
Where other offences are involved
A threat may be connected with blackmail, harassment, domestic violence or unlawful deprivation of liberty, which significantly changes the legal classification and the applicable penalties.
5
Where minors or vulnerable persons are targeted
Threats directed at children, elderly persons or persons with disabilities are treated with added severity by the courts.
Threats made online
An increasingly common area in 2026 is that of threats made in the digital environment. Social platforms, email, messaging apps and even online games are used to send aggressive messages, often from anonymous or fake accounts.
Even though the environment is virtual, the act is just as real in legal terms. What is more, digital evidence is even easier to document than verbal evidence, which can be of substantial help in building a solid case.
Screenshot
Include the date, time, username and URL. Recommended: also keep an unedited version, taken directly from the app.
Saving metadata
For email - the full headers (source IP). For social networks - the direct link to the post.
Report to the platform
Reporting the content does not replace a criminal complaint, but it creates additional evidence and may result in an official response.
Threat, blackmail or harassment? The essential differences
Many victims confuse these three offences. The correct legal classification is, however, crucial - it determines the evidence required, the penalty and the defence or prosecution strategy.
Criterion | Threat (Article 206) | Blackmail (Article 207) | Harassment (Article 208) |
|---|---|---|---|
Purpose | Causing a state of fear | Obtaining a benefit (money, a document, an act) | Repeatedly following the victim |
Frequency | May be a single act | May be a single act | Must be repeated over time |
Penalty | 3 months – 1 year or a fine | 1 – 5 years' imprisonment | 3 – 6 months or a fine |
Prior complaint | Required | No - proceedings are opened ex officio | Required |
The role of a lawyer specialising in threat cases
A criminal lawyer in a threat case is not merely someone who represents you in court. Their role is far more complex and begins in the earliest stages of the conflict.
Assessing the situation
The first step is to analyse the context. The lawyer checks whether there is sufficient evidence and whether the act meets the legal conditions to be classified as the offence of threat, or reclassified as blackmail or harassment.
Gathering evidence
Messages, recordings, witnesses - all of these can make the difference in a case. A lawyer knows exactly what must be preserved, how it must be presented and how to obtain the technical expert evidence needed for digital proof.
Drafting the preliminary complaint
A well-drafted document - with the correct legal classification and supporting evidence attached - significantly increases the chances that the authorities will treat the case seriously and that it will reach the courts.
Representation before the authorities
From the police to the prosecutor's office and the court, your lawyer protects your rights, guides you through hearings and builds a coherent strategy throughout the proceedings.
Have you recently received threatening messages? The legal deadline for filing a preliminary complaint is only 3 months from the date on which you found out about the offence. Contact a BSA lawyer before it expires.
What to do if you are a victim
A prompt and considered response can make the difference between a conflict that is managed and one that spirals out of control. Follow these steps:
1
Preserve all evidence
Messages, calls, screenshots, recordings, emails. Do not delete anything, however unpleasant the content may be to look at.
2
Avoid direct confrontation
Do not respond in kind and do not provoke the aggressor. Anything you say in reply may be used against your case.
3
Consult a lawyer
Before going to the police, speak to a specialist. The correct legal classification and properly presented evidence make all the difference.
4
File the preliminary complaint
Within 3 months of the date on which you found out about the offence. After that deadline, the right to bring a criminal action is extinguished.
5
Apply for a protection order (where appropriate)
In cases of domestic violence or imminent danger, you can obtain a provisional protection order within 24 hours at most.
Frequently asked questions about the offence of making threats
What penalty applies for making a death threat in 2026?
Threatening to kill carries the same penalty as a simple threat, under art. 206 Cod Penal (Criminal Code): imprisonment from 3 months to 1 year or a criminal fine. The actual gravity of the act, the context and the credibility of the threat influence the sentence imposed by the court, but the statutory limits remain the same.
Is a threat sent by SMS or WhatsApp a criminal offence?
Yes. The means of transmission does not affect whether the offence exists. Written threats (SMS, WhatsApp, Messenger, email) are in fact easier to document than verbal ones and constitute direct evidence in the case file.
How long do I have to file a complaint?
The preliminary complaint must be filed within 3 months of the day on which you found out that the offence had been committed (art. 296 Cod Procedură Penală (Criminal Procedure Code)). Once that deadline has passed, the complaint is time-barred and the case will be closed.
Can I withdraw my complaint after filing it?
Yes. In the case of the offence of making threats, withdrawing the preliminary complaint brings the criminal action to an end. However, the withdrawal must be voluntary - if it is obtained through pressure, it may itself amount to an offence.
What evidence is needed to prove a threat?
Audio or video recordings, screenshots of messages, witness statements, medical reports attesting to a state of fear (anxiety, sleep disorders), correspondence. A lawyer can guide you in gathering the evidence properly, without compromising your case.
What happens if I am wrongly accused of making threats?
If you are accused and consider that the act did not take place or was not criminal in nature, you have the right to a defence from the very first stage of the proceedings. A lawyer can build the defence on the absence of the constituent elements of the offence (no genuine fear, no intent, or no act at all).
Can I obtain a protection order?
If the threats come from a family member or partner, you can apply for a provisional protection order (issued by the police within 24 hours) or a protection order from the court (valid for up to 12 months). In 2026, the procedure can also be initiated online in most jurisdictions.
Can I also claim non-pecuniary damages?
Yes. In addition to the criminal proceedings, you can join the case as a civil party and claim non-pecuniary damages for the suffering caused. The amount is determined according to the gravity of the act, the duration of the state of fear and the impact on your life.
Conclusion
The offence of making threats should not be taken lightly. Even if some situations may seem minor at first, they can escalate quickly and have serious consequences for your safety and peace of mind.
Instructing a lawyer in a threats case does not merely mean starting proceedings; it also means protecting your rights and preventing more serious situations from arising. With the right support, you can turn a difficult situation into a manageable one, grounded in the law and in sound decisions.