Dangerous threat 

Legal definiton 

Section 353 of the Criminal Code:

(1) Whoever threatens another with death, serious bodily harm, or another serious harm in such a manner as to create a reasonable fear, shall be punished by imprisonment of up to one year or disqualification. 

(2) The perpetrator shall be punished by imprisonment of up to three years or disqualification if the act referred to in paragraph 1 is committed:

a) as a member of an organized group;

b) against a child or a pregnant woman;

c) with a weapon;

d) against a witness, expert, or interpreter in connection with the performance of their duties; or

e) against a healthcare worker in the course of providing healthcare services aimed at saving lives or protecting health, or against another individual fulfilling a similar duty to protect life, health, or property arising from their employment, profession, position, or function, or imposed upon them by law.  

Subjective aspect - intent

Dangerous threat is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant: 

• How did the perpetrator threaten the aggrieved party?
• How was the threat formulated?
  
• Was the verbal threat accompanied by any additional actions?
  
• Was the perpetrator's conduct capable of creating a reasonable fear in the harmed party?
• What was the intensity of the harm being threatened?
• Was the method of the threat lawful (e.g., a pre-litigation demand)?
• Did the perpetrator act alone, or were other persons present?
• Did the incident occur in a public place?
  
• What was the relationship between the perpetrator and the aggrieved party?
  
• Was the perpetrator pursuing a legitimate goal? Were they attempting to establish a lawful state of affairs, albeit through unauthorized self-help (e.g., reclaiming a borrowed item)? 
  
• Are there any circumstances excluding unlawfulness present?
  
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?