The threat is one of the ways of mental impact on a person. A threatening person seeks to intimidate another citizen, cause him concern, anxiety for his own safety, a sense of discomfort. Considered the most dangerous threat to kill or cause serious bodily harm. Such actions are punishable in article 119 of the Criminal Code. Consider its features. 
General composition
It is fixed in h. 1 tbsp. 119 of the Criminal Code. The provision of the article establishes that in the event of a threat of killing or causing serious harm to a person’s health, the perpetrator will be held liable if the victim had reason to really fear the execution of such a threat.
For such acts punishment is established in the form of:
- Mandatory work up to 480 hours
- Arrest up to 6 months.
- Forced labor / restriction or imprisonment up to 2 years.
Qualifying composition
Act foreseen in h. 1 Article 119 of the Criminal Code, may be motivated by religious, racial, political, national, ideological hatred / hostility or hatred / hostility towards a particular social group.
Guilty in such cases, one of the two sentences may be imposed: forced labor or imprisonment of up to 5 years. Moreover, in addition, the perpetrator may be prohibited from conducting certain activities or being at posts established by the court for 3 years.
Art. 119 of the Criminal Code with comments
The objective aspect of the crime is expressed in the active behavior of the perpetrator. The disposition of the norm contains a direct indication of the actions of the offender: threat to kill or cause serious bodily harm.
If the guilty person expressed threats of a different nature (for example, he spoke of causing moderate grievous bodily harm or light bodily harm, property damage, robbery, abuse, etc.), liability under the analyzed norm does not occur. 
Key signs of an act
Killing threat liability or causing serious damage to the subject’s health if the victim had real concerns about its execution. In other words, it must be real and concrete. These characteristics are considered mandatory for qualifying an act. according to Art. 119 of the Criminal Code. Arbitrage practiceHowever, it proceeds from the fact that for imposing punishment it is sufficient that the victim understands that the perpetrator is threatening to take his life or inflict serious harm on his health.
The reality of the threat implies the existence of sufficient grounds to fear its execution. The emergence of such fears indicates the achievement of the goal by the perpetrators.
Analyzing Art. 119 of the Criminal Code with comments lawyers, it can be noted that most experts agree that it is hardly legitimate to transfer the reality of threats only to the plane of the subjective perception of the victim. Experts believe that in assessing the actions of the perpetrator, other circumstances must be taken into account.
The nature of the relationship between the victim and the perpetrator, the seriousness of the reason for speaking death threats or serious bodily harm, the presence of objects with which it can be performed, the identity of the perpetrator, and so on. 
Ways to commit
The disposition of the article in question provides for two type of threat: murder and grievous bodily harm to the victim. Meanwhile, the ways of expressing threats can be very different.
The perpetrator may threaten in writing, verbally, over the phone, with gestures. Besides, threat to kill or cause serious bodily harm can speak out not only directly to the victim, but transmitted through third parties, relatives. To qualify the act, however, the method used by the perpetrator does not matter.
Important point
In some cases threat can be expressed in passionateness. In such cases, neither the perpetrator, nor the person to whom she is targeted, attach importance to her.
When qualifying an act, it is necessary to establish whether the threat was used as a way of influencing the psyche of another person, as a means of pressure on his will, whether the guilty party was aimed at causing another citizen to feel danger, fear, discomfort. If these circumstances are established, the likelihood of execution will be considered real, even if the accused only wanted to intimidate the victim and did not intend to kill or mutilate anyone. 
How to prove the threat of murder?
To be held accountable, firstly, it should be established that the victim of the crime really had reason to perceive the threat as a real danger. This fact will objectively confirm the truth of the statement that the victim experienced a feeling of discomfort, anxiety, and fear.
The basis for such a perception may be information about the identity of the perpetrator, the method, form of expression of threats. Confirmation of the reality of the danger of the execution of the words, gestures, etc. may also be the testimony of witnesses about the deterioration of well-being of a citizen. For example, the victim turned pale after the threat, began to sleep poorly, was afraid of meeting the guilty party, often shuddered, complained of discomfort, fear, and so on.
Secondly, it is necessary to establish that it was precisely on this reaction of the victim that the threatening person was counting.
Only under the indicated conditions can one be charged with the threat of murder or grievous bodily harm. 
Intent
Can the threat described in the disposition of the norm be considered an option for identifying intent? According to lawyers, the article does not talk about the discovery, but about the implementation of the intent of the culprit. However, it is not aimed at causing death or harm to health: it does not reflect the intention to commit these acts. The threat indicates the intention to violate the mental integrity of the person, his tranquility through intimidation, instilling in the victim a sense of danger, fear. In this case, we are talking about activities aimed at a specific object, suggesting negative consequences, and not just about voicing a criminal intent.
Qualification Features
The composition of the act provided for in Article 119 of the Criminal Code is considered formal. The crime is recognized as finished directly in the expression of threat.
Meanwhile, the expression of certain threats to the guilty may not be aimed at intimidation, but imply a decision on the real murder or bodily harm to the victim. 
If the perpetrator, having declared his intentions, performs any actions indicating their execution, his behavior is regarded as an attempt or preparation for the corresponding crime. The actions of a person, depending on the circumstances, qualify either under 105 or 111 articles of the Code.
Subjective aspect
Crime is always committed with direct intent. It is expressed in the fact that the guilty person deliberately threatens the victim, says words, shows gestures or otherwise behaves in the expectation that the victim will perceive his behavior as real, intimidating, causing a sense of danger, anxiety.
A citizen understands the unlawfulness of threats, anticipates the likely negative consequences and wishes for their onset.
Threat in other norms of the Criminal Code
Art. 119 is considered common to other articles of the Code providing for liability for threats.For example, the 296 norm refers to punishability in the administration of justice or preliminary investigation. In case of competition of norms in the process of qualification of an act, preference should be given to special articles of the Code.
Often the threat of harm or murder is a way of committing other, more serious acts (for example, robbery, car theft, extortion, and so on). According to the principles of qualification, in the competition of the whole and part, preference is given to the whole. Accordingly, in addition, the punishment under Article 119 is not imputed in such cases.
Set of acts
The qualification of the actions of the perpetrator under Article 119 and other norms of the Criminal Code deserves special attention. The Plenum of the Armed Forces in Decision No. 11 of 2004 clarified the totality of acts.
In paragraph 3 of paragraph 11 of this document, the Court draws attention to the following points. If the threats stipulated by disposition 119 of the Criminal Code were expressed after committing a grave act, for example, rape or other violent acts of a sexual nature, so that the victim does not inform anyone about what happened, the behavior of the perpetrator is subject to additional qualifications under Art. 119. In this case, of course, the conditions specified in the norm must be fulfilled. In particular, the victim must have reason to really fear the execution of threats. 
Conclusion
Despite the high danger and rather serious consequences for the psyche of the victim, the act provided for in Article 119 of the Criminal Code is recognized as a minor offense.
In practice, in the ranks of the case, it is rather difficult to prove the reality of the threats emanating from the perpetrator. In the proceedings, the court must comprehensively examine all the circumstances of the case, take into account the individual characteristics of the victim and the perpetrator. It happens that the behavior of the victim itself provoked the perpetrator to voice threats.