Threatening letters have triggered police operations and evacuations nationwide. Schools, media outlets and embassies were affected. State security is investigating. In criminal law terms, such threats are no small matter.
Bomb threats can have serious criminal consequences. Such emails could, for example, be punished as “disturbing the public peace by threatening to commit criminal offenses” with a prison sentence of up to three years or a fine.
This applies even if the sender only pretends that he wants to cause an explosive explosion, for example (Section 126 Paragraph 2 StGB), i.e. it is a false bomb threat.
The aim of the law is to protect public peace. Citizens should be sure that they can live in peace and quiet. Prerequisite for the offense: The threat would have to be capable of disturbing this peace. A specific threat is not necessary. It is enough to shake citizens’ faith in peace. That is likely to be the case here, as hundreds of people were evacuated.
Protection from unnecessary Claim
However, a major police operation could also lead to the sender being prosecuted for faking a crime to the police. The aim of Section 145d StGB is, among other things, to protect police departments from unnecessary use.
If the police have to evacuate schools because of false bomb threats, for example, there are no police officers elsewhere. This means that the police are prevented from carrying out their actual task. This is also why the sender could face severe penalties.
Faking an emergency situation
The law also protects the population’s interest in effective help in sudden emergency situations. A false bomb threat is used to simulate the danger of an explosive explosion, which is said to endanger the lives of students.
The result: emergency services are deployed. Paragraph 145 I No. 2 StGB states: “Anyone who intentionally or knowingly pretends that the help of others is necessary because of (…) common danger (…) will be punished with a prison sentence of up to one year or a fine.” The question here, however, is whether the danger must actually exist or whether it is sufficient for the sender to pretend that it is in his hands.
High costs
So anyone who sends emails containing bomb threats could be prosecuted. In addition, such threatening emails could be very expensive for the sender, as large-scale police operations involve enormous costs. These could possibly be charged to the sender. The civil courts are then responsible for such lawsuits.