When does sending threatening messages to others become a criminal offense?

Illustrative image. Source: Internet

Regarding this issue, lawyer Vu Tien Vinh (Hanoi) analyzed: A text message is considered a death threat when its content expresses an intention to take the life of the recipient or their relatives. The message may not mention how the killing will be carried out, or it may describe specific actions such as burning down a house, causing a traffic accident, shooting, stabbing, etc., but it makes the person being threatened fear that the threat will be carried out.

Sending threatening messages, combined with other actions intended to make the victim aware of the possibility of such threats, will result in the sender being charged with "Threatening to kill," as stipulated in Article 103 of the Penal Code. However, if the threat is made but the victim is not genuinely concerned about the consequences, it does not constitute this crime.

The nature and offense of "threatening to kill" are completely different from the crime of "terrorism". Regarding the crime of "terrorism," the perpetrator's purpose is to oppose the people's government, thus committing acts that endanger the lives of officials, civil servants, or citizens.

The crimes of "terrorism" and "threatening to kill" differ completely in their object (target). The object of the crime of "terrorism" is the stability and security of the people's government. By harming the lives of officials, civil servants, and citizens, the perpetrator aims to weaken the people's government. The crime of "terrorism" carries a maximum penalty of death, while the crime of "threatening to kill" carries a maximum penalty of 7 years imprisonment.

If the recipient of the threatening messages is a leader or government official, the perpetrator will be considered to have committed an aggravating circumstance, according to Clause 2, Article 103, with a prison sentence of two to seven years.

If the text message does not contain death threats but only ordinary threats aimed at coercing the recipient into complying with demands, this act does not constitute a criminal offense but is subject to administrative penalties. According to point b, clause 1, Article 40 of Decree No. 83/2011/ND-CP, anyone who abuses telecommunications activities to commit any of the acts of "threatening, harassing, insulting, distorting, or slandering the reputation of an organization, or the honor, dignity, or reputation of another person" will be fined 10-20 million VND.

When receiving threatening messages, recipients should file a complaint against the perpetrator with the district or county police investigation agency, along with relevant documents, to protect their legal rights and interests. Based on the investigation results, depending on the severity of the "terrorist" messaging, the perpetrator may be subject to administrative or criminal penalties under a corresponding charge as stipulated in the Penal Code.

According to Vietnamese law