What to do if a police report is filed against you?

A statement to the police is a report of a crime. If a person becomes a victim of fraud, theft, or other crimes, he must file a complaint with the police. In the same way, you can simply report a crime, even if you were a witness and not a victim.

The police are required to protect citizens from criminal attacks by protecting the rights of citizens and investigating reports. The investigation of each case involves clarifying the circumstances and details; all aspects of the case already directly influence the decision. And also whether a criminal case will be initiated or not.

However, it may also happen that you have filed a complaint with the police, but are completely unaware of the time frame for consideration of applications. Meanwhile, the phone is silent, you don’t receive any letters, and the criminal is still at large. What happens after filing an application and how long does it take for the police to consider the application? What should you do if the consideration of your application is delayed? We will talk about this in our article.

Law “On Police”

Police officers, in their requests “for information”, justify their demands in paragraphs. 4, 17 art. 13 of the Law “On Police”.

Clause 4 of Part 1 of Article 13 of the Law “On Police”

This paragraph states that in connection with criminal cases under investigation and verification of allegations of crimes, police officers have the right to request
and receive from
state and municipal bodies, public associations,
organizations
, officials and
citizens
information, certificates,
documents
(copies thereof) , other necessary information, including personal data of citizens.

This provision gives police officers the right to request documents and copies thereof from organizations of all types of property. But it is necessary to pay attention to one aspect - the legality and validity

request. In addition to the number of the inspection material or the criminal case initiated for which the documents are requested, facts (arguments) must be indicated why the requested documents relate (are related) to the ongoing inspection or criminal case. After all, theoretically, it is possible to request the company’s financial documentation based on the material from the inspection of an accident or, for example, a beating.

Clause 17 of Part 1 of Article 13 of the Law “On Police”

According to this paragraph, police officers have the right to request examinations from organizations regardless of their form of ownership

provision of samples and catalogs of their products, technical and technological documentation and
other information materials
necessary for carrying out examinations. Due to the incorrectness of the wording - “other information materials”, police officers can include in this concept any items and documents that interest them. Examinations are carried out within the framework of a criminal case and administrative proceedings.

Therefore, if the request refers to the above rule of law, information about a specific criminal case with an assigned number, or a case of an administrative offense must be reflected, otherwise, you have the right not to respond to the request, due to its unfoundedness. Moreover, when conducting a pre-investigation check in a criminal case, references to this rule are unlawful, which is the basis for refusal to provide information.

Where to contact?

An application for theft of property can be submitted to the territorial offices of the Ministry of Internal Affairs (police), the investigative committee and the prosecutor's office. The police will directly verify the application, and when contacting the prosecutor’s office, all documents will be sent to the Ministry of Internal Affairs.

The Code of Criminal Procedure of the Russian Federation allows you to report the fact of a crime orally or in writing:

• upon oral appeal, the information and circumstances of the theft will be recorded in the procedural protocol, and the message will be registered;
• a written statement is also registered in the crime reporting book with the issuance of a coupon with an entry number;
• An oral or written complaint submitted anonymously will not entail the obligation to initiate a criminal case and begin an investigation.

Note!

When making an oral or written report, police officers will verify the identity of the complainant. To do this, the victim must have a passport or other identification document.

If personal documents are stolen as part of things and objects, information about the victim will be recorded from his words. In the future, when checking the application, reliable information about the victim will be established.

II. Federal Law No. 144-FZ “On operational investigative activities” of August 12, 1995

When applying the Federal Law “On Operational-Investigative Activities” in requests “for information”, police officers most often refer to Art. 6, 7 Federal Law “On operational investigative activities”.

Article 6 of the Federal Law “On operational investigative activities”

Article 6 of the Federal Law “On Operational Investigative Activities” lists operational investigative activities that can be carried out by police officers:

• Survey.
• Inquiry.
• Collection of samples for comparative study.
• Test purchase.
• Research of objects and documents.
• Observation.
• Personal identification.
• Inspection of premises, buildings, structures, areas and vehicles.
• Control of postal items, telegraph and other messages.
• Listening to telephone conversations.
• Retrieving information from technical communication channels.
• Operational implementation.
• Controlled delivery.
• Operational experiment.

The operational-search activity specified in paragraph 2 of this article - “making inquiries” is carried out to obtain certificates, since the concepts of “certificate” and “documentation” are not identical. The above-mentioned operational-search activity in this case can be carried out publicly and implies obtaining the consent of the person (organization) in respect of whom it is directed.

The operational-search activity specified in paragraph 5 of this article - “research of objects and documents” - refers only to those items and documents that are already in the possession of police officers, that is, obtained by them as part of previously conducted operational-search activities.

Article 7 of the Federal Law “On operational investigative activities”

Article 7 of the Federal Law “On Operational Investigative Activities” provides the grounds for conducting operational investigative activities. The most commonly used basis is “information that has become known to the authorities carrying out operational investigative activities about the signs of an illegal act being prepared, committed or committed, as well as about the persons preparing it, committing it or having committed it, if there is not sufficient data to resolve the issue of initiating a criminal act.” affairs".

The specified grounds must be communicated to you in the event that operational investigative measures are carried out against you, and on the basis of these data you decide whether to agree to the conduct of operational investigative measures or not.

Step-by-step instructions if you are raped

The Criminal Code of the Russian Federation provides for liability for rape and sexual assault.

Legally, “rape” (Article 131 of the Criminal Code of the Russian Federation) is sexual intercourse with the use of violence or the threat of its use against the victim or other persons, or taking advantage of the helpless state of the victim. Sexual intercourse refers to vaginal sex only.

There is also a broader term - “sexual violence” or “violent acts of a sexual nature” (Article 132 of the Criminal Code of the Russian Federation). These are any acts of a sexual nature committed with the use of violence or with the threat of its use against the victim (victim) or other persons, or taking advantage of the helpless state of the victim (victim).

Cases of rape and/or sexual assault are investigated by investigators of the Investigative Committee of the Russian Federation.

What to do if rape or other violent acts of a sexual nature have been committed against you.

Step one:

1. Take all possible actions to find yourself in a safe place.

Step two:

1. If it is possible to contact the investigative committee (department) or the police immediately after committing a crime (come to the police station yourself or call the police at the place where you are), but if you decide to do this after some time, You are still required to accept the application. A sample statement to the police (investigative committee) can be found here (PDF/DOC). To check, you can send a completed application to our lawyer at [email protected]
2. The most important thing after rape is to undergo a medical examination on time. It is this (if carried out immediately after the incident) that will help prove that rape took place. If everything happened at night and you decided to wait until morning, then the main thing is not to shower or wash, otherwise you will wash away all traces of the crime (material evidence important for the investigation may remain on your clothes or body).
3. As for clothing, linen, and other material evidence (napkins, towels, etc.), you need to inform the police about the presence of such material evidence, and these things must be confiscated from you. Therefore, you should have clothes to change into. If they are not immediately seized, they must be prepared for seizure and further examination by experts. If things are wet. They must be dried avoiding getting wet (drying in the open air) and exposure to direct sunlight. These items should not be packed in plastic bags; they should be placed in paper bags or cardboard boxes.
4. It is better to go to the police not alone, but together with a person you can rely on, who will support you.

You must write a statement to the police (Investigative Committee) and request that you be sent for a medical examination. If the application is accepted, be sure to take a notification coupon. Typically a notification coupon looks like this:

1. Unfortunately, for a variety of reasons, this time is delayed, in some cases so much so that the data obtained can be greatly distorted. One of the reasons is that law enforcement officers, even after ordering a medical examination of rape, first of all take the victim to the emergency room, antenatal clinic or maternity hospital, and only then for an examination.

Most often, if the victim was examined by a gynecologist before examining the rape, these examinations do not meet the requirements for a medical examination of rape. The injuries that the victim had are not described at all or are described inaccurately and unqualifiedly. If you are examined by a doctor rather than an expert, make sure that your examination is described in detail in the medical record - the injuries should be described in detail. The doctor must take samples of the biomaterial and ensure their safety.

1. Nevertheless, if possible, it is necessary to insist on referral to a medical institution (expert organization) to undergo a medical examination. Or contact such an institution yourself.
2. It is important to pay attention to what questions the investigator asks the forensic expert in the decision. For example, if we are talking about “traces of rape” (Article 131), and the victim was forced to have anal sex (Article 132), then the result of the examination will be negative, and a criminal case will not be opened. Therefore, it is necessary to demand that the expert be asked questions about all the traces that remained on your body, about all the actions that were committed by the aggressor against you.
3. If they refuse to accept your application to initiate a criminal case, such refusal must be appealed to the head of the police department or the Investigative Committee. To the prosecutor.

It is illegal to persuade police officers not to file a report. You can also file a complaint with the Department of Internal Security.

Step three:

1. You need to take care of your health. Go to a hospital, clinic, or other medical institution available to you to see a gynecologist.
2. Within 72 hours after the incident (or better in the first four), you need to go to the AIDS center and undergo HIV prevention (contacts of the center in St. Petersburg - www.hiv-spb.ru/hn/contacts.html, as well as information on emergency prevention - www.hiv-spb.ru/lsn/pkp.html). It is also necessary to immediately undergo prevention of sexually transmitted diseases and repeat tests after a month. The same applies to unwanted pregnancy - you have 120 hours for emergency contraception.

Step four:

1. Continue communication with the police and the investigator. Therefore, it is best to find a lawyer who specializes in abuse cases. He knows how to behave in this case, what documents to write, and will be present at interrogations. If you don’t have money for a lawyer, you need to find a public organization in your locality or region. Consult with specialists.

Recommendations on the procedure for filing a complaint with the police (investigation department), giving explanations and interacting with law enforcement agencies

1. Regardless of how you submit your application (at the police station, the investigative department, or when the police arrive at your call), request that you accept a statement to initiate a criminal case. If they refuse to accept your application, you must go to an appointment with the head of the police department and request acceptance of the application again.
2. Write down the names of the police officers, office telephone numbers of the police officers who arrived at your call or who came to you after receiving a telephone message from a medical institution.
3. Give an explanation to the police officer, the investigative department and write a statement to initiate a criminal case against the aggressor.

The following information must be provided in the explanation and application to initiate a criminal case:

• date and time of the event;
• the place where the crime was committed (in detail: at what address, in what room, who was there and where);
• description of the crime event;
• indicate witnesses, if there were any (full name, where they were at the time the crime was committed, what they saw, heard, what they can confirm);

If an explanation (statement) is written by a police officer, the investigative department will require that your explanations be written down verbatim, in detail, in full (without interpretation). If a police officer or an investigative department officer refuses to make changes in accordance with your requirements, when signing the explanation (statement), indicate that you are signing them with comments, since your testimony is not reflected in the text, and indicate any (or your testimony is distorted and how the distortion was expressed).

What you need to pay attention to when filing a complaint with the police/investigation department:

1. When submitting an application, you must be given a notification coupon, which should indicate: from whom the application was accepted, when it was accepted, and under what number it was registered.
2. Based on the received application, one of the following decisions must be made: - to initiate a criminal case; - refusal to initiate criminal proceedings.
3. If a decision has not been made within 3 to 10 days from the date of filing the application, or if you do not agree with it (in case of refusal to initiate a criminal case), then you can appeal the actions of the police officer/investigator to the prosecutor's office or to court. A sample complaint can be found here: PDF/DOC. To check, you can send a completed application to our lawyer at

III. Article 19.7 of the Code of Administrative Offenses of the Russian Federation

Often, in their requests “for information,” police officers point out the responsibility provided for in Article 19.7 of the Code of Administrative Offenses of the Russian Federation - for failure to provide information (information). This norm establishes liability - for citizens - from one hundred to three hundred rubles; for legal entities - from three thousand to five thousand rubles, for “failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as submission to the state body (official) of such information (information) incompletely or in a distorted form.”

In accordance with the previously effective Law “On the Police,” police officers were given the right to:

• receive from citizens and officials the necessary explanations, information, certificates, documents and copies of them (clause 4 of article 11 of the Law “On the Police”);
• receive information free of charge from organizations and citizens, except in cases where the law establishes a special procedure for obtaining relevant information (clause 30 of article 11 of the Law “On the Police”).

At the same time, according to Article 23 of the Law “On the Police”, the legal demands of a police officer were mandatory for execution by citizens and officials.

Thus, the police’s right to receive information from organizations and citizens (clause 30 of Article 11 of the Law “On the Police”) did not give rise to a similar obligation for organizations. And the general director, as well as any other employee of the company, as a citizen, did not have the authority to provide documentation related to the activities of the organization and had the right not to give explanations on the basis of Art. 51 of the Constitution of the Russian Federation.

In this connection, there was no liability for failure to provide information and documents for organizations and employees.

Now, failure to comply with the legal requirements of a police officer, provided for in paragraphs. 4 and 17 art. 13 of the Law “On Police” entail liability under Article 19.7. Code of Administrative Offenses of the Russian Federation. According to Part 4 of Article 13 of the Law “On the Police”, “The requirements (requests, submissions, orders) of authorized police officials, provided for in paragraphs 4...17...Part 1 of Article 13 of the Law “On the Police”, are mandatory for execution... by organizations... and other persons within the time limits established in the request, but no later than one month from the date of delivery.” As already mentioned, article 19.7. The Code of Administrative Offenses of the Russian Federation, for failure to comply with these requirements, sets the following fine: for citizens - from one hundred to three hundred rubles; for legal entities - from three to five thousand rubles.

When is it okay not to answer?

In accordance with Art. 11, the deadline for responding to citizens’ appeals to the organization does not matter in the following cases:

• the text contains obscene words, insults, etc.;
• the text is unreadable;
• the essence of the proposal or complaint cannot be determined;
• explanations of the essence of the statement are freely available;
• detailed explanations are impossible without disclosing state secrets;
• the request is not signed, that is, it is anonymous (according to Article 7 of the Federal Law 59, a written application must be signed indicating the last name, first name and patronymic).

Such requests are not considered, which is separately reported to the applicant, if there is information about the applicant and address and it is readable (except for the first case, such a statement can be ignored).

Sample statement of theft

Since Art. 141 of the Code of Criminal Procedure of the Russian Federation does not contain exact requirements for the content of the application; you can use a standard sample of this document posted on our website. Filling out the application form must be done taking into account the nuances of your situation, and a professional lawyer will provide assistance in this.

Depending on the method of theft, the criminal’s liability may vary significantly (for example, when stealing from personal belongings or clothing, from a living space, etc.). When contacting the police, take into account all the circumstances that will allow you to quickly investigate the case and identify the culprit of the crime.

(.DOC)

Application procedure

Let's look at how to file a theft report with the police. Immediately after establishing the fact that things or money are missing, take the following measures:

• make an approximate list of stolen valuables and record contact details of possible witnesses;
• if you report a crime immediately after the theft (for example, on public transport), it is advisable to contact the police orally and call a squad to the scene;
• an application must be submitted as early as possible so that the criminal does not have time to dispose of the stolen property and destroy traces;
• after registering the application, law enforcement officers are required to conduct an inspection; for this purpose, procedural actions are carried out - inspection of the scene of the incident, interviewing witnesses and other persons, examinations, etc.;
• Once the decision has been made, you will be notified in writing, and if you disagree with the refusal to initiate a case, you will be able to file a complaint.

Note!

Like the theft suspect, the victim can also benefit from the services of a lawyer. The participation of a lawyer in any procedural actions is guaranteed by the norms of the Code of Criminal Procedure of the Russian Federation, and refusal to invite a lawyer is unacceptable.

In order to monitor compliance with the procedural deadlines for verifying the application, when submitting it you need to request a registration coupon. With this document, it will be possible to apply to the prosecutor's office or to the court with a complaint about any violations by officials of the Ministry of Internal Affairs or investigative institutions.