The prohibited act commonly known as „criminal threat” regulated in the first paragraph of Article 190 of the Penal Code, in accordance with its second paragraph, is a crime prosecuted upon request. This means that law enforcement agencies may take action, as a rule, only if the injured party files such a request.
From October 1, 2023, „criminal threat” is no longer prosecuted only upon request.
In connection with the amendment to the Code of Criminal Procedure, which entered into force on that day, law enforcement agencies have gained the possibility of initiating proceedings even when there is no such request.
The possibility of initiating proceedings ex officio occurs in two cases:
- if there is a high probability that failure to file a request results from the injured party’s fear of retaliation;
- if the public interest supports it.
The introduction of the possibility of initiating ex officio proceedings in these special circumstances is an important step towards ensuring more effective protection for people exposed to violence and threats. There are many situations in which these regulations can be applied. The most obvious example is cases of classic verbal aggression. However, these regulations can also provide law enforcement agencies with new tools in the fight against violations of public order, such as patostreamers.
