The Crime of Threatening in the Digital and Telephone Context

Receiving a threat, whether verbal, by telephone, or transmitted via telematic tools such as email, social networks, or instant messaging, is an experience that generates profound unease and fear for one's safety or that of loved ones. In today's context, the ease of communication has unfortunately amplified the phenomenon of remote intimidation, making timely and informed legal protection necessary. As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci understands the psychological and legal gravity of these situations, offering concrete support to both those who need to file a complaint and those who find themselves having to respond to an accusation that could have significant criminal consequences.

The Italian penal code, in Article 612, punishes anyone who threatens another with an unjust harm. The norm protects the moral freedom of the person, understood as the freedom to self-determine without suffering conditioning due to fear. The threat becomes particularly insidious when perpetrated through means that amplify its scope or invasiveness. Although simple threats are prosecutable upon the victim's complaint, there are aggravating circumstances, provided for by Article 339 of the penal code or by the nature of the means used (as in the case of serious threats or those committed with weapons), which can make the crime prosecutable ex officio and lead to more severe penalties. In the case of threats sent via the web or smartphone, the traceability and permanence of the message constitute fundamental evidentiary elements that require accurate technical analysis.

The Bianucci Law Firm's Approach to Criminal Defense

Facing proceedings for aggravated threats requires a meticulous defensive strategy, which is not limited to mere knowledge of the law, but which knows how to interpret the specific evidentiary context of digital and telephone means. Avv. Marco Bianucci, with his consolidated experience as a lawyer specializing in criminal law in Milan, adopts a rigorous working method aimed at reconstructing the truth of the facts. In the case of assistance to the injured party, the primary objective is the crystallization of evidence: screenshots, audio recordings, call logs, and metadata must be acquired through correct forensic procedures to prevent them from being invalidated in court. The drafting of the complaint is not a mere formal act, but a detailed legal narrative that must highlight the credibility of the threat and its suitability to instill fear.

If, on the other hand, the Bianucci Law Firm is called upon to defend someone accused of committing the crime, the approach focuses on analyzing the subjective and objective elements of the conduct. Not every strong or colorful expression constitutes a crime: it is necessary to evaluate the context, the prior relationship between the parties, and the actual intimidating potential of the words used. As a lawyer specializing in criminal law, Avv. Marco Bianucci carefully assesses whether the prerequisites for a reclassification of the crime, acquittal for non-existence of the act, or the application of de-escalation measures such as probation exist, always with the aim of minimizing the criminal impact on the client's life. The strategy is tailored, analyzing each individual message or communication within the overall framework of the case.

Frequently Asked Questions

Does a threat sent on WhatsApp have legal value for a report?

Absolutely yes. Messages sent via instant messaging platforms like WhatsApp constitute documentary evidence. However, it is essential not to limit yourself to showing the phone to the authorities; it is advisable to proceed with forensic acquisition of the chats or, at least, to carefully preserve the messages without deleting them, to allow your lawyer to use them as certain proof of the intimidation.

What are the risks for the crime of aggravated threats?

The penalty for simple threats is a fine of up to 1,032 euros, but if the threat is serious or aggravated (for example, if committed with weapons, by a disguised person, or in a symbolic manner), the penalty is imprisonment for up to one year. The seriousness is assessed by the judge based on the tenor of the words and the context. Furthermore, a conviction leads to registration in the criminal record, with consequences for one's criminal record.

Can I defend myself if I have been unjustly accused of threatening someone?

Certainly. The accusation of threatening must be proven beyond a reasonable doubt. Often, phrases spoken in moments of anger or verbal misunderstandings are misinterpreted as real threats. A lawyer specializing in criminal law will work to demonstrate the absence of intent (the intention to threaten) or the inadequacy of the action to cause real fear, contextualizing the events.

How is a threat distinguished from stalking?

The difference lies in the repetition and the effect on the victim. While a threat can be an isolated incident, stalking (persecutory acts) requires repeated conduct that causes a persistent state of anxiety or fear, or forces the victim to change their life habits. Often, repeated telematic threats can constitute the more serious crime of stalking.

Request a Case Evaluation in Milan

If you are a victim of telephone or telematic threats, or if you have received an investigation notice for this crime, time is a crucial factor. Avv. Marco Bianucci is at your disposal at his office at Via Alberto da Giussano, 26 in Milan, to analyze your situation with the utmost confidentiality and professionalism. Contact the lawyer specializing in criminal law to define the most suitable strategy for protecting your rights and your peace of mind.