Questão jurídica principal
Whether the accused's suicide announcement to his wife constituted attempted threat under Art. 180(2)(a) and Art. 22(1) StGB.
Decisão extraída
Yes. The statement was objectively suitable to frighten a spouse with young children, and the accused at least accepted that it could cause fear, so attempted threat was established.
Fundamentação extraída
A suicide announcement can qualify as a threat if it announces a future harm and is capable of alarming the victim. Although the wife was not actually frightened in the required sense, the objective and subjective elements of attempt were satisfied, including eventual intent.