Recently a supposed threat on social media against one or more members of the current government of St. Maarten has been reported by the local media. This was also reason for statements in the press. Regarding these reports the Police Force of St. Maarten (KPSM) and Prosecutor’s Office would like to state the following:
A threat is a type of violation of the law for which the person who feels he or she is being threatened has to file such a complaint that he/she actually feels threatened. This fact is stated by law and counts for all citizens.
The reason for this is because, in contrast to for example a homicide the Police Force and the Prosecutor’s Office cannot ascertain that a person really feels threatened. What one person considers a serious threat another considers less serious or even not important. It’s the person or persons who feel threatened who have to report the threat including supportive statements to law enforcement authorities.
Once an official complaint has been filed the Prosecutor’s Office in cooperation with the St. Maarten Police Force will conduct the necessary investigation to determine whether possible suspects should be prosecuted. When the case concerning a person threatening another is brought in front of a judge, the Prosecutor’s Office has to legally and convincingly proof that the threat has taken place.