Break-ups, feuds between neighbours, fights over children. That is where threats are most often uttered, and that is where criminal complaints for dangerous threats and stalking come from. These are crimes of words and messages, and the courts have to separate real danger from strong language said in anger.
Threats
What is criminal is threatening to kill, to cause serious bodily harm or other serious harm, where the threat can cause reasonable fear. The Supreme Court assesses this as a whole: who, to whom, how, in what situation, with what history. A threat made with a weapon in hand is an aggravated form and the range rises to up to three years. A threat shouted in anger with no real basis may not be a crime at all, but someone has to explain that to the court.
Stalking
Stalking is criminal when it is long-term: repeated contact, following, lying in wait, misuse of personal data. A single incident, however unpleasant, does not meet the definition according to the Supreme Court. The Constitutional Court, for its part, reminds us that the point of the section is to punish intrusive, repeated behaviour, which does not have to be violent.
On both sides
If you are being threatened: keep the messages, recordings, witnesses. A criminal complaint makes sense with evidence. If you have been accused: the first interview decides; the sentence "I meant it" cannot be taken back, and equally an apology at the right moment can end the matter with a diversion.
What this rests on
No advice on this page is an opinion. Each one has a section of the law and a court decision behind it. Click through, the full text is on Europaius.
Statute
- § 353 tr. zákoníkudangerous threats: a threat of killing, serious bodily harm or other serious harm that causes reasonable fear
- § 354 tr. zákoníkudangerous stalking: long-term following, contacting or other harassment
Case law
- 6 Tdo 831/2024 (Nejvyšší soud, 31. 10. 2024)whether a threat could cause reasonable fear is assessed as a whole, according to all the circumstances
- 4 Tdo 1045/2022 (Nejvyšší soud, 6. 12. 2022)dangerous threats must be distinguished from outbursts of strong words where nothing more serious was involved
- 11 Tdo 10/2023 (Nejvyšší soud, 18. 1. 2023)a single incident cannot be classified as stalking; the element of long-term conduct is missing
- I. ÚS 1745/25 (Ústavní soud, 18. 9. 2025)stalking is long-term, persistent harassing behaviour; the courts did not interpret the section extensively, complaint dismissed
- 11 Tdo 108/2025 (Nejvyšší soud, 19. 2. 2025)for stalking, a sentence of four months suspended for two years was imposed
Related cases
A different situation?
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