Everything about the timing of filing a statement with the police about beatings: how long after they are withdrawn can and should this document be written?

To bring a person to justice for committing physical violence, it is necessary to promptly contact law enforcement agencies.

If time is missed, the hematomas will disappear, which will complicate the proof of the crime.

Battery is no exception - the use of physical violence without slight bodily harm.

In the article we will look at how long it takes to remove the beatings, the deadlines for filing a statement about the fact of the beating, and whether it is necessary to submit this document if the beatings have not been removed or their traces are no longer visible.

Ways to file a police report

According to the Instruction “On organizing the consideration of citizens' appeals in the system of the Ministry of Internal Affairs of the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 707 of September 12, 2013, applications and reports of crimes submitted: 1. to the police department personally by the applicant or his representative are accepted and registered;
2. remotely: -through electronic services; -fax communication (fax); -by phone; -by mail. I believe that a citizen’s personal appeal to the police department is the most effective way. A statement to the police about a crime from a legal entity is submitted by its representative, who can be a manager or another person who has the right to act on behalf of the organization without a power of attorney, or a representative of the organization by proxy. The possibility of filing a group report to the police about a crime is not regulated by law. There is no prohibition in the law from filing such an application. If one crime is committed against several victims or several crimes by one person, it is advisable to submit a report from each applicant separately. Police officers will subsequently formalize them in accordance with the requirements of the law and combine them into one proceeding. Reporting a crime is one of the grounds for initiating a criminal case. Most often, this is exactly what they turn to the police for, since protecting citizens from criminal attacks is its main function. It is advisable to write a statement to the police in all cases where a crime has occurred. This must be done immediately, at the first opportunity, since over time it becomes more difficult to find the culprit and prove his guilt. There is no time limit during which you can contact the police to report a crime.

A policeman is not a superman

Many people idealize the work of the police, believing that their employees are warriors of justice and goodness, called upon to save the unfortunate and disadvantaged at the first call. In reality, being a police officer is just a routine job, regulated by law and the tasks of superiors. A man in uniform has no right to rush into battle with a saber at the ready. He follows a procedure: upon receiving an appeal, he examines the facts and takes legal action to ensure a lawful result.

However, any police officers are just people who are capable of lying at work, showing callousness and negligence, taking bribes and evading tasks. The blue uniform does not transform a person into an ideal of honesty. In this profession, the law has the main force. And it’s much easier to communicate with the police if you are legally literate.

How to write a statement to the police through State Services

Only a user registered on the portal can file a police report through State Services. The registration process for State Services is simple and does not require much time. A police report must be submitted electronically as follows:

• open the State portal;
• go to the subsection “Reception of applications and reports of violations”;
• find and select it;
• fill out a police application form, provide all the required information;
• click on the “Submit” button;
• You can print out the completed application form and take it to the police station in person.

If you fail to file a police report through State Services, I recommend using the official website of the Russian Ministry of Internal Affairs.

How to avoid losing funds from a bank card

To avoid unwanted losses of your bank funds from fraudsters in the future, you should listen to the following tips:

• Activate SMS or push notifications in order to timely see all ongoing transactions on your card;
• In your online banking settings on your website or mobile app, set a limit for online transactions. If necessary, immediately before the operation, raise it, and after completion, lower it to the minimum value;
• Use a virtual or non-primary card for online purchases. Before making a purchase, transfer the required amount to such a card. Keep the main map in the shade;
• Make purchases only on trusted sites and online stores. If the store is not familiar to you, it makes sense to study reviews about it by reading the experiences of other customers.

Form and content of the application

It is not difficult to file a police report about a crime. It is enough to go to the territorial police department and report the crime committed. Art. 141 of the Code of Criminal Procedure of the Russian Federation provides for the possibility of filing a statement with the police both orally and in writing. In the first case, the question of how to write a statement to the police is irrelevant. The police officer will draw up the appropriate protocol, the applicant will only have to read it and sign. A sample statement to the police, the form can be found using the corresponding search query on the Internet. However, the legislation is dynamic, so before writing a statement based on the sample, it makes sense to make sure that the references to the law contained in it have not lost their relevance. There is no need to indicate in the application a specific article of the Criminal Code of the Russian Federation under which the crime committed falls. Law enforcement officials will do this on their own based on the information provided and the results of subsequent verification. There are no strict requirements for the content of a written or oral statement to the police about a crime, nor is there an established template.

When filing a police report yourself, you should consider a number of recommendations. According to the general rules, the application consists of a header, main and pleading parts: - header - the application is written in the name of the first head of the police unit (if possible, the position, rank, surname and initials of the latter are indicated), the applicant’s details, full name, address of residence and contact telephone number are indicated ; - the main part - describes the circumstances of the incident (the time of the crime, its exact location and circumstances, the number of criminals, a sequential description of the actions of each of them, the presence or absence of weapons or objects used as weapons by the criminals, the amount of damage, etc.); - pleading part - the essence of the demands is indicated (to find the criminals, bring them to criminal responsibility, etc.); — warning about liability under Art. 306 of the Criminal Code of the Russian Federation for knowingly false denunciation; - personal signature, date.

You can ask the person on duty for the application form; at the information stands you can see what samples of filling out the application look like. An oral statement is drawn up in a protocol of its acceptance by a police officer, signed by him and the victim, and information about the applicant and his identification documents must be entered into it. The applicant is warned of liability under Art. 306 of the Criminal Code of the Russian Federation for knowingly false denunciation. This warning is certified by his personal signature.

When necessary

How to withdraw a statement from the police? To do this, you must first analyze the situation. If the crime is not too serious, and a criminal case has not yet been opened, there will be no problems with bringing the idea to life. In any case, this is what practice shows.

Let's hurry up

That is, the more serious the crime, the less likely it is to withdraw a statement from the police (about fraud, assault, theft, and so on). Consider this before you complain about someone. It is recommended to first make sure that a crime has taken place and that a specific person is to blame. Only then do you need to draw up a corresponding application. This way you can once again be safe from negative consequences.

The applicant does not always have the opportunity to personally come to the station to file a report of fraud. The reason for this may be the following:

All materials related to the fraud must be provided with the written request. Their list depends on the open production. This can include checks that confirm a non-cash transfer, a contract that turns out to be fake, audio/video tapes that prove fraud, and much more.

What documents should I attach to the application?

You will have to tinker with the constructive section - the body of the message. The problem is that the author of the message is immediately warned that he is responsible for giving false information. Therefore, a fraud report must state the facts so that the suspect does not accuse the complainant of defamation. To do this, you need to seriously think about the content of the text. Therefore, the following algorithm of actions is required:

When writing your application, you must clearly formulate your thoughts. Indicate the exact date, time and location of the crime, as well as describe in detail what happened. It needs to be stated to the point. It’s better to leave your emotions at home at this moment; you will still have time for this. Base your application only on facts.

Procedure for receiving a complaint to the police

The procedure for receiving reports of crimes is regulated by the above-mentioned Instructions of the Ministry of Internal Affairs of the Russian Federation. All statements to the police about illegal actions are registered in a special journal - the Book of Records of Reports of Crimes, Administrative Offences, Incidents, or briefly - in the KUSP. This is a document of strict reporting; this journal is kept by an operational employee of the duty station. The log contains information about who is entrusted with carrying out the inspection, its timing, decisions made, their dates, assigned numbers of criminal cases or inspection materials. After this, the application is transferred to the executor, who begins to carry out verification activities in accordance with Art. 144-145 Code of Criminal Procedure of the Russian Federation.

What to do first?

Check if you are guilty. If you have been slandered, you don't even have to start collecting evidence of your innocence - this must be provided by the party accusing you. It is advisable to call a lawyer as soon as you receive the chain letter and come to the department voluntarily, demonstrating full readiness to cooperate with any checks by law enforcement officers.

Refrain from testifying until you hear the charges, and also until a lawyer arrives - this way you will avoid the police trying to pin a long-unsolved case on you (and this happens!). Remember that during an interrogation or any questioning, it is legally prohibited to put pressure on you, threaten you, or force you to confess to anything. The decision about recognition should be made only by you.

If during the interrogation the regulations and your rights are violated, you can file a complaint about the police officers violating their powers.

Actions in case of refusal to accept a police report

Refusal to accept a police report is illegal. They are required to accept, register, conduct an investigation into any statement about any crime and make a legal and informed decision within their competence. However, in practice this happens. In this case, it is necessary to write down the name of the employee who refused to accept the application (the data must be indicated on the badge). Next, you should contact the prosecutor's office with a complaint, in which you should state as fully as possible the circumstances of the refusal to accept the application to the police (time, place, arguments).

Personal presence

If you do not receive a response to your application for a long time, you have the right to come in person and find out how things are going. In this case, you can immediately go to an appointment with your superior. There are nuances that you should know:

1. The head of the internal affairs department constantly monitors all written statements. It is he who is responsible for registration and responses submitted to them.
2. You can have a personal reception not only with ordinary police officers, but also with the entire senior staff.
3. In all departments, personal reception of citizens is carried out every day until 18 pm. One day off is also allocated for this.
4. If after contacting your superiors no action was taken, you can now contact the prosecutor’s office. To do this, you must write a new application, in which you must also indicate that the local police officers are not responding to your application. The prosecutor's office must provide you with an answer within three working days.

Now that we know how to write a statement to the police, we need to study some cases specifically.

Decision on the application

Based on the results of the pre-investigation check on a complaint to the police about a crime, one of the following decisions may be made:

• to initiate a criminal case;
• refusal to initiate criminal proceedings;
• on the transfer of the message and collected materials under investigative jurisdiction, if the police department to which they were received is not authorized to make a decision;
• about attaching a new statement to the police to the inspection material on the same fact.

Any decision made on a criminal complaint must be communicated to the complainant. At the same time, it must be explained to whom and in what order this decision can be appealed. In cases where the inspection period is delayed, and notifications and messages about the results of the inspection have not been received, you can find out about the decision made from the official entrusted with carrying out the inspection either at the duty station of the police department or at its accounting and registration unit. If the applicant does not agree with the decision made on his application, he can appeal it by contacting the court or the prosecutor.

Criminal proceedings

The powers of the responsible persons are established in the Criminal Procedure Code, and the list is not subject to change.

1. Obtaining information about an impending crime against a third party - the applicant, who submits an application to a law enforcement agency, or personally confesses.
2. Checking the circumstances of the case, making a decision to file or refuse. Assessing the need to attract specialists.

When determining the extent of responsibility of the defendant, all circumstances play a role. Based on the results of a comprehensive inspection, a verdict is issued on the initiation or justified refusal to open a case. The application is subsequently sent to the court for consideration. This is the very first stage of the proceedings, which comes before preliminary operations aimed at investigating a particular case. The prosecutor's area of ​​responsibility is to open criminal cases for all kinds of crimes of all types.

In turn, the investigator can apply to initiate only those cases that have been received by his department or if there are facts that serve as the basis for establishing the fact of the incident and accepting the case.

How to withdraw a statement from the police?

It is impossible to withdraw a statement from the police. The statement to the police about the crime committed is not returned to the applicant. After the initiation of a criminal case, the victim’s statement about his reluctance to bring the offender to criminal responsibility will no longer give the desired result. Each of the registered crime reports will be checked and an appropriate decision will be made. When making a decision, the applicant’s reluctance to continue the pre-investigation investigation or to bring the offender to justice is taken into account. In cases of private prosecution (slander without aggravating circumstances; battery by a person subject to administrative punishment; minor harm to health without aggravating circumstances), a statement and the desire of the victim to bring the offender to criminal liability are necessary. If a statement has been written, but the desire to bring the offender to justice has disappeared, you can write a statement stating your reluctance to continue criminal prosecution. In this case, based on the results of the inspection, a decision will be made to refuse to initiate criminal proceedings. In cases of public prosecution (Part 5 of Article 20 of the Code of Criminal Procedure of the Russian Federation), the presence or absence of a statement and the desire of the victim to bring the offender to criminal responsibility does not matter. If there is evidence of a crime, a criminal case will be opened, a pre-investigation check and further criminal proceedings will continue as usual.

What are the deadlines for initiating a criminal case?

In the article we will analyze the norms of the Code of Criminal Procedure and a number of other acts so that you receive a comprehensive answer.

It is from the moment the case is initiated (not earlier!) that we have such a person as a suspect.

In cases of private and private-public prosecution, a statement from the victim or his legal representatives is required.

1. May be extended up to 3 months if there is a decision made by the head of the relevant investigative body.
2. It can be extended for periods of up to 12 months if the investigation is particularly difficult.
3. It can be extended for a longer period by the Chairman of the Investigative Committee of the Russian Federation, as well as by the head of the investigative body of the relevant federal executive body, and their deputies.

They came into force only on June 1, 2021, and are already in effect.

If you are called and you are guilty

In this case, completely rely on your lawyer, who will develop a strategy for your behavior. In this case, it is necessary to go to the police, otherwise you may face even greater punishment. Do not go on the run, and do not ignore the invitation if you know about your involvement in a crime . Assistance in the investigation, confession, as well as a competent specialist nearby will greatly help you during the trial, which can mitigate the punishment in a very tangible way. For example, assigning a milder form, taking into account that you confessed to everything, there was no need to apply pressure to you.

If you cooperate, there may also be a settlement if your offense is not that serious. This means that you and the applicant come to an agreement, and there is no trial. You fulfill your obligations to resolve relations with the applicant (for example, return the stolen property with compensation), and the applicant withdraws the application.

Legal advice

Behave politely with police officers - do not break free, do not resist if they decide to detain you. This may result in criminal liability under Article 318 of the Criminal Code of the Russian Federation. If you disobey a police officer, a decision on administrative punishment may also be made. In addition to all your troubles, do not aggravate the situation until you find out the real reasons, evidentiary documents and the nature of the charges.

If you believe that you were called illegally, or that the actions of the police after you arrived at the department were too harsh, harsh and unlawful, warn the police officers verbally or in writing that you are obeying only because you have to . After settling the entire case, you will definitely file a complaint with the relevant authorities against the police officer.

If you are detained, check to see if there is a protocol for this process . There you can enter all your objections, complaints about the nature of the charges and the actions of law enforcement agencies.