Reporting threats to the police in France: what the law says, how to file and the risks

Yes: a death threat sent by text, message or image is a délit (a mid-level criminal offence) carrying up to three years in prison and a 45,000 euro fine, even if sent once, because it is "put in writing, an image or any other object" (Criminal Code, article 222-17). A written or repeated threat of another crime or délit against the person, such as rape or kidnapping, carries up to six months and 7,500 euros.

Said only once out loud, a threat is punished in three cases only: it comes with an order to fulfil a condition (article 222-18: three years, five for a death threat), it targets a teacher, health worker, elected official or police officer doing their job (article 433-3), or it aims to stop you filing a complaint (article 434-5).

A threat of ordinary violence, repeated or written, remains a 3rd-class minor offence (contravention) under article R623-1, with a fine of up to 450 euros (article 131-13).

After the complaint, the public prosecutor chooses between three outcomes: prosecute, use an alternative to prosecution, or drop the case (classement sans suite) when the circumstances justify it (Code of Criminal Procedure, article 40-1).

The receipt you are given states the time limits to prosecute and the option of a complaint as a civil party (article 15-3). For a threat that is a délit, the time limit is six years from the events (article 8); for a contravention, one year (article 9).

If the case is dropped, you can appeal to the senior prosecutor (procureur général), who can order prosecution (article 40-3). You can also bring a complaint as a civil party to an investigating judge (plainte avec constitution de partie civile) once the prosecutor has told you he will not prosecute, or three months after your complaint (article 85).

No, a dropped case or an acquittal is not enough: false accusation (dénonciation calomnieuse) requires that you knew the reported fact was wholly or partly untrue when you reported it to the police, the prosecutor or the person’s employer (Criminal Code, article 226-10). It carries up to five years in prison and a 45,000 euro fine.

The falsity is automatic only if a final decision of acquittal or dismissal (acquittement, relaxe, non-lieu) states that the fact did not happen or cannot be attributed to the person. In every other case, including a case dropped for lack of evidence, the court trying the complainant assesses the accusations itself (article 226-10, paragraphs 2 and 3).

So describe what you saw, read or heard, without exaggerating or stating what you only suspect. Hand over the messages as they are, without cropping or editing them.