Accused of Threats in Spain: What to Do

Finding out that you have been reported for threats naturally causes concern, especially when it all started with an argument or an exchange of messages. This guide is written from the perspective of the person accused: what to do in the first hours, when a remark actually amounts to an offence, and how the defence is built. If you want to understand the offence in depth, you can also consult our guide to the offence of threats.

You have been reported: what to do as soon as you find out

The first steps shape everything that follows:

• Do not make a statement without a lawyer. You have the right not to testify; anything said off the cuff can be used against you.
• Do not contact the person who has reported you. A further message, even one meant to clear things up, can be read as pressure.
• Do not delete or edit conversations. Keep the messages intact, together with their context before and after; deleting them can harm your case.
• Gather evidence: the full conversation, witnesses to the argument, and anything that explains the tone and the relationship between the parties.

When a remark amounts to the offence of threats

Not every unpleasant remark is an offence. Threats (arts. 169 to 171 CP) require the announcement of a harm against life, physical integrity, liberty, or property, made in a serious and credible way and with a genuine intention to intimidate. The most serious form is a conditional threat or blackmail (art. 169.1), where something is demanded in exchange for not carrying out the harm. Without seriousness or intent to intimidate, there is no offence.

WhatsApp and arguments: context changes everything

Most reports for threats arise from heated arguments or WhatsApp messages. Here context is decisive: the courts distinguish between a criminally relevant threat and mere verbal venting — the sort of outburst typical of a row — which does not reflect a genuine intention to cause harm. Words spoken in the heat of the moment, in a mutual exchange of accusations, will rarely meet the seriousness the offence requires. That is why submitting the full conversation, rather than an isolated fragment, is often key to showing the real meaning of what was said.

The first statement

When you are questioned as a person under investigation, you will be informed of the facts and of your rights. You can make a statement, answer only your lawyer's questions, or remain silent. There is no single right answer: in some cases it helps to offer an account that puts the messages in context; in others, it is better to wait until all the evidence is known. This is a strategic decision that must be made with your defence, not in the corridor of the courthouse.

Screenshots: challenging them and expert evidence

The star piece of evidence in these cases is usually the screenshot. It is worth knowing that it is not unquestionable evidence: a screenshot can be cropped, edited, or taken out of context. The defence can challenge its authenticity and request a computer forensic examination or a full extraction of the device to verify the integrity of the conversation. Many accusations rest on an isolated fragment that, seen as a whole, changes its meaning completely.

How a dismissal is achieved

When the seriousness of the threat is not established, there is no intention to intimidate, or everything comes down to one party's word against the other's with nothing to back it up, the proceedings can be dismissed. If the matter reaches trial, an acquittal is possible if the prosecution fails to prove the facts. An early defence, one that establishes the context and challenges the evidence from the outset, is the best route to that outcome. Our firm handles the criminal defence against reports of threats.