To find out whether a particular statement is a threat, a linguistic examination is prescribed. Its results depend on many factors, each of which must be taken into account by a specialist.
As part of a linguistic examination, it is necessary to establish the exact meaning of the spoken words, taking into account the context. The context in this case is especially important: for example, if one person in a comic dispute threatened another, then this will not be considered a crime. It's another matter if he swung, or even more so hit the interlocutor, or repeatedly quite seriously threatened him.
It should be established whether the phrase that the victim interprets as a threat is addressed to him. If the statement is general in nature, and there is no information in it that allows you to establish who it is directed to, it will be difficult to call it a threat to a specific person. In addition, it is necessary to check whether certain words are not used in a figurative meaning, which completely changes the meaning of the statement as a whole.
It then turns out what exactly one person is threatening to do to the other. Only a threat to life and health will be a criminally punishable act. This means that if you promise to rob, steal a car or burn down your house, this statement will not be considered a threat.
Of particular importance is the character and characteristics of the person to whom the statement belongs. If it comes from an adequate, balanced, no criminal record, then it is unlikely to be considered a real threat. If the words about causing grievous bodily harm or murder come from a repeat offender, a mentally ill person, or are repeated repeatedly, the statement may well be interpreted as a real threat.
A threat is considered especially serious if it is accompanied by a demonstration of a potential weapon of crime, or contains detailed information about the intention of a person. For example, one phrase "You won't be enough for this" or "Yes, I will finish you off" may not be enough, while the statement "You will go to bed today, I will kill you then" or "When you come back from work, I will I will catch and kill in a dark alley”can be considered a threat, especially if it is accompanied by a demonstration of the weapon with which it is planned to commit a crime.
