Threat – nature and responsibility of the perpetrator

What is intimidation and when is it present?

Threatening is an unlawful act that is regulated by its legal consequences, both in civil and criminal law. As an act it always leads to a well-founded fear in the person to whom the threat is directed. The absence of a reasonable fear leads accordingly to the absence of the threat as an unlawful act.

Exchanged lines between close friends, relatives, even if they contain expressions like "I'll kill you", "„I will break your hands.“" etc., but do not cause fear in the threatened person, do not pose a threat. Therefore, the assessment is made for each specific case and many different factors are taken into account. It should be borne in mind that the threat can be committed not only through oral speech, but also in writing, as well as with actions (example: brandishing a firearm).

The meaning of the word "threat" is found in dictionaries as: 1. possibility, probability of something bad happening; threat; 2. threat to do something

Well-founded fear as a consequence of the threat

As has already become clear, in order to speak of a threat, the committed act must have aroused or have the potential to arouse well-founded fear in the defendant. The presence or absence of this element is determined mostly by the psyche of the victim.

The ability to evoke fear is a strictly subjective feeling for each person. The same "replicas" can be perceived differently by two people. Fear can arise both if the action concerns the person being threatened or their relatives, and when the object is their property (example: "I will burn your house down if you don't sell it to me"). 

What should I do if I am threatened?

The most important and timely action after the threat has ended is reporting to the police authorities. This will provide both rapid protection for the threatened person and serious evidence of the committed illegal act.

In the presence of witnesses who also witnessed the act, it is undoubtedly a good idea to seek a way to contact them, due to the possibility that their testimony may be used in a future court case.

Last but not least, the threat can have negative consequences for a person's health. Seeking medical attention, in which the personality disorder is identified, is favorable both for restoring the person's health and for the written documentation of the deteriorated health condition.

Am I entitled to compensation for threats?   

 Threatening as an unlawful act leads to the possibility of compensation for the damages that have resulted from it. Without a doubt, compensation can be sought, both for material and non-material damages.

• Non-pecuniary damages, in turn, are due to the stress suffered, psychological damage, and any other negative consequences that have affected the person's personality. The amount of compensation for them can vary widely and depends on the length of the recovery period, the age of the injured party, the extent of the injury, and other facts and circumstances.
• The property can arise from the conclusion of a transaction (most often a disposition of property), which was made precisely because of the emergence of a justified fear in the threatened person. Such damages can also arise if the person has incurred expenses in order to eliminate the consequences of the threat (medical expenses; expenses for protecting the home, etc.)  

A large-scale study of case law conducted by the Delikti.bg team, showed that citizens still do not seek protection of their rights in the presence of a threat. For the period 2016 – 2018 in District Court – Burgas Only 8 convictions have been issued, in which the average amount of compensation awarded is 3,000 leva. One of the main reasons is the ignorance among citizens about the possibility of seeking protection of their rights.

How can we help you?

1. We are trying to voluntary dispute settlement – we hold a meeting with the responsible person, at which the lawyers from the legal team of Georgiev and Petrov Law Firm are trying to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2. In the absence of agreement – we are filing a civil lawsuit, to claim the compensation due to you for material and/or non-material damages. The fee and the manner in which the fees should be paid should be agreed upon after consultation, that we can offer you. According to The Bar Association Act, the lawyer may provide free legal assistance and assistance to: persons entitled to maintenance; persons in financial difficulty; relatives, close friends or another lawyer.

3. If there is a formation criminal case in connection with the specific incident, the team of AD Georgiev and Petrov can represent you during the criminal proceedings.

It is important to note that civil claims may be brought in criminal proceedings, with a view to saving additional expenses.

4. In the event of a successful outcome of the case(s), we file a lawsuit and the team of AD Georgiev and Petrov will represent you before a private bailiff, through whom you will receive the actual amount awarded with the court decision - through seizure of the debtor's bank accounts or other appropriate actions.