Why do local police officers not like to accept statements from women whose husbands beat them?

When the action is irreversible

The application itself cannot be taken back. Police officers do not have the opportunity to give it back or destroy it. But the victim still has the right to refuse the application. Then the police will conduct an investigation and decide whether to initiate criminal proceedings.

In some situations this is not possible:

• if the actions of the guilty person are qualified under Article 112 of the Criminal Code of the Russian Federation (causing harm to health of moderate severity);
• if, on the basis of the victim’s complaint, Article 111 of the Criminal Code of the Russian Federation (severe harm) is qualified;
• if a long time has passed since the filing and a criminal case has already been initiated.

The decision to transfer the proceedings to court or to close it will be made by the police and prosecutors.

Where should I contact?

If the husband consistently threatens physical violence or murder, this is a good reason to file a complaint with law enforcement agencies. In this case, you can contact the police, the prosecutor's office, the Civil Court, or the Magistrate.

According to the Constitution and current legislation, due to the severity of the consequences, the injured party can immediately go to the prosecutor's office. This is important, if a spouse has committed violence against a minor child, he should be deprived of parental rights; the same situation applies to harm to a pregnant woman.

In what cases can you withdraw an application?

You cannot take it back, but you can submit a new paper requesting a refusal.

This can be done in 2 cases:

1. Reconciliation between the parties has been achieved.
2. New circumstances of what happened were discovered, and it turned out that there was no crime as such.

Algorithm; how to withdraw a statement from the police about assault or another minor crime:

1. Draw up a document according to the sample, not forgetting to indicate that it is being sent to the head of the unit or the investigator.
2. Describe in detail the reason for the revocation with references to the relevant articles of the Code of Criminal Procedure of the Russian Federation, attach the available evidence.
3. Take this document to the employee in charge of this case.
4. Leave your contact information so that you can be notified of the results.

Consideration of such an application may take several weeks. You can inquire about the progress of the review in person or by telephone during the office hours of the employee who accepted your documents.

Waiver of claims in the absence of a criminal act

A refusal to report to the police must be filed if it turns out that there was no crime. Most often, this situation happens when things go missing or a car disappears. The owner files a complaint with the police, and then it turns out that there was no theft or theft - things were lost, and the car is in the impound lot. It is not worth using this reason for refusal in case of reconciliation with the guilty person; there is another legal basis for this.

When filing an application to refuse to initiate a case, you need to understand that you will have to explain to the police officer why new circumstances have appeared only now and why you were previously sure of a crime. Otherwise, you face liability for false denunciation, but only in case of deliberate deception.

Such an appeal can be submitted not only by the applicant, but also by the suspect, eyewitnesses or the police themselves. You need to give the paper to the employee who is handling the case. In the statement you need to state as fully and reasonably as possible the reason why you accepted what happened as a crime. If the paper is accepted, you will be notified of the decision to close the production.

Achieving reconciliation

If a crime has been committed, then the applicant still has the right to file a waiver in connection with the reconciliation of the parties. This situation is quite common: the perpetrators try to make amends, and the applicants, having cooled down and calmed down, have no complaints. Often such applications are submitted if a conflict situation has occurred within the family.

To achieve reconciliation, the following conditions must be met:

• the perpetrator agrees with the accusation and with the termination of the case;
• he apologized;
• the offender compensated for the damage caused in full or in part;
• the case was classified under articles involving crimes of minor or medium gravity with the maximum possible punishment not exceeding 5 years in prison.

Such crimes include fraud, violation of copyright and related rights, theft, causing minor harm to health and some others.

The decision is made by the employee in charge of the case or who accepted the first application. He can make any decision, including initiating or continuing criminal proceedings. He will inform the person who submitted this paper about the possibility of terminating the case if contact information is left.

The likelihood of termination is higher if a criminal case has not yet been filed. If the appeal is rejected and the investigation continues, it is still possible to release the perpetrator from liability. In court, you can announce the reconciliation of the parties. After an appropriate request from the victim, the accused is released directly in the courtroom.

Refusal to initiate a criminal case

It is taken out by the employee who is handling the case. Such a decision requires reasons and evidence. You can submit an application for refusal to initiate a criminal case if it is no longer possible to write a paper to refuse the application because the proceedings have become criminal.

It is compiled in free form and sent to the head of the police department. The paper must indicate that the victim has no claims and describe why. The reason for this can be the reconciliation of the parties (this right is ensured by Articles 20 and 25 of the Code of Criminal Procedure of the Russian Federation).

Most often, such cases end up in court. There you can file a petition for the release of the accused, indicating the same reasons as in the application. At the meeting, evidence of reconciliation will be required: documents on compensation for damage and the consent of the accused to accept an apology.

Injuries

Depending on the severity and nature of the injuries, in accordance with Art. 111, 112, 115, 117 and 118 of the Criminal Code of the Russian Federation, they can be qualified as beatings, torture and intentional harm to health. In this case, you can call the duty squad for your protection directly during a family conflict or file a complaint after the fact, having previously removed the beatings, thereby confirming the infliction of bodily harm.

To contact law enforcement agencies you will need:

1. Statement.
2. Certificate from a medical institution.
3. Passport.

Removing beatings

In order for a criminal case to be initiated against the husband, it is necessary to properly prepare for contacting the police, which will require documentary evidence of the beatings and injuries caused. This medical certificate can be obtained from the following institutions:

1. ITU Bureau, but you will have to pay for such a conclusion (according to the tariffs in force at the time of application). After the procedure is completed, a certificate will be issued to the victim, which will describe what happened, the nature of the injuries received and what damage was caused to health. Information will also be provided on the degree of likelihood that the injuries were self-inflicted by the person.
2. The nearest emergency room (if the victim initially complained to the police station, she may be redirected to the emergency room to deal with the beatings). When contacting this institution, a certificate is not issued in person, but is immediately handed over to law enforcement officers. The conclusion provides similar information as in the case of an appeal to the ITU Bureau. The certificate must bear the doctor’s signature (with a transcript), his personal seal and the seal of the medical institution.

If bodily injuries appeared after going to the emergency room, you can re-apply for a medical opinion. It would be a good idea to take photographs of the injuries to attach them to the case file.

After the beating is removed, the police must issue a referral for a forensic examination. The qualifications of the actions and the article under which the husband will be punished will depend on its results.

Further actions

Having in hand documentary evidence of bodily harm, the victim must contact law enforcement agencies (at her place of residence) and write a statement in 2 copies indicating:

• recipient details and personal data (in the upper right corner);
• what happened (what and where the blows were struck, what the consequences of the injuries were: bruise, concussion, fracture, hematoma, etc.);
• where the incident occurred (address of the incident site, which is necessary to determine territorial jurisdiction);
• date of infliction of bodily injury (such information will allow us to establish the timing of prosecution);
• are there facts indicating illegal actions (eyewitness information, video recording, etc.).

After contacting the police, the victim must be issued a notification ticket. Based on the results of the inspection, based on the data provided, a decision should be made to refuse or initiate a criminal case. In case of refusal, the violator will be given an official warning, and then registered and given a special card. The law provides the following prerequisites for card liquidation:

• the end of the period provided for accounting (12 months);
• deprivation of liberty of the offender or his death;
• a statement from his wife that he has “corrected”;
• absence from the place of registration for more than 12 months.

Permissible period for withdrawal of claims

According to Article 144 of the Code of Criminal Procedure of the Russian Federation, a decision on a criminal complaint must be made no later than 3 working days from the date of its filing. If difficulties arise at the stage of pre-investigation actions, then by decision of the head of the department this period can be increased to 10 days. If the circumstances of the application require verification of documents, then up to 30 days.

You can submit a refusal paper at any time, but the likelihood of a positive response will vary. If the criminal case has not yet been started (that is, in the first 3 days), then it is easier to withdraw the complaint. If the investigation has already begun, then most likely the documents will be sent to the court, and the issue of terminating the criminal prosecution will have to be decided there. The sooner an application for refusal is submitted, the better.

The criminal case will be closed by the police if the paper indicates that there was no crime. Then the refusal to initiate or the decision to terminate the proceedings is made immediately after checking the facts specified in the application.

Complaint about husband

Up to 40% of violent crimes in Russia are classified as “domestic violence.” But, despite the fact that law enforcement officers are very reluctant to interfere in intra-family conflicts, in the event of threats and beatings, you should not neglect your legal right to defense. The main thing is to decide once and for all to change the situation and act according to a specific plan in order to collect enough evidence and evidence to bring the spouse to administrative or criminal liability.

What are the consequences?

Consequences occur if it turns out that there was no crime and the accusation was false. In case of reconciliation, no sanctions are provided.

It is necessary to separate two situations: the accusation was false out of ignorance or intentionally. In the first case, no punishment is provided. In order not to be charged himself, the applicant will have to explain why he accepted the incident as a crime and prove that he had no intent.

If the accused or the police have suspicions about the presence of intent, they can initiate an appropriate investigation. In this case, the applicant faces punishment under Article 129 of the Criminal Code of the Russian Federation: compulsory labor or a fine.

To avoid the possibility of being accused of libel, it is enough to indicate in writing that at the time when the alleged crime was committed, you were 100% sure that it was an illegal act. Doubts may not be interpreted in your favor.

I had to write a statement to the district police officer against my husband.

I’m trying to leave my husband: I filed for divorce, evicted me from the apartment, but he tortured me. As a result, I had to write a complaint against him.

I don’t know how to quarrel much, I don’t like showdowns and scandals. She was always calm, she resolved issues in conversation, and not with her fists. But my husband seems to drive anyone into delirium tremens.

I have already written about some moments of our life together. Briefly, it reads like this: before the stamp in the passport, he was a pleasant man, with hands, with brains - he can do anything, he will protect him everywhere, he doesn’t demand anything special, he doesn’t refuse to do household chores. After our registration, he collected a number of my things, saying that a married woman does not wear such things; I started to find fault with the fact that the manicure should be classic and nothing more; banned high-heeled shoes; convinced me that I definitely need to grow my hair; don’t go there, don’t go here and all that.

At first I thought it was some kind of joke, because adequate people do not retrain adults chosen as wives. But in the end, the scandals became more and more frequent, and after two years of marriage I filed for divorce.

We haven't lived together for almost two weeks. And I have already heard so much negativity about myself that I never knew. And bad, and this, and that. But periodically, after heaps of crap, he writes “well, when will we make peace?” In general, he pokes the guy, it seems, first in one direction, then in the other. And you can kind of turn off the phone, but I can’t do that for work. Yes, the child or the parents can call.

He can't get home because I changed the locks. But he can call on the intercom and telephone at midnight, which worries me and my daughter. He comes clearly not sober and demands to let the cat out into the entrance - he will take it. Because of all this, firstly, I don’t sleep well, and secondly, the neighbors can clearly hear it - it’s a shame. I didn’t even think about going to the local police officer.

But I went to him. Because I came home and there were matches stuck in the lock - it wouldn’t open. And who do you think could do this? Yes, yes, all suspicions are only on him alone. As a result, I take the day off to work on the castle for half a day.

And I just had to write a statement against my own husband, because I don’t know what to do anymore.

The answer from him came almost immediately: “Since you are already writing a complaint against me, I will leave you alone.”

So far everything is calm for a couple of days. I can't wait for this trial to take place.

Source of the article: https://zen.yandex.ru/media/pisaka/prishlos-napisat-zaiavlenie-uchastkovomu-na-muja-5d709475d7859b00ad02f134

How to correctly write a statement of refusal to report to the police

In order for the refusal to be considered, the paper must be drawn up correctly. Documents with errors are returned to the applicant.

• if the case is at the pre-investigation level, then the statement is written to the head of the police department to which the first document about the crime was submitted;
• if criminal prosecution has already been initiated, then indicate the name of the investigator conducting the proceedings;
• the document must contain complete and truthful information about the applicant, including full name, residential address, contact information;
• there must be a narrative stating why the first application was submitted and why the refusal was necessary;
• if the refusal is caused by the reconciliation of the parties, it is recommended to make a reference to the relevant articles and parts of the Code of Criminal Procedure of the Russian Federation, which are the legal basis: Art. 20 and Art. 25 Code of Criminal Procedure, parts 2 and 3;
• the document is handed to the person conducting the proceedings, and not to the person in whose name it is written.

The descriptive part should state the reasons for the refusal in as much detail as possible. This is necessary in order to protect yourself from accusations of libel and to speed up the decision-making process. If the accused has apologized, then this must be confirmed by his testimony. If the damage is compensated, then it is worth submitting documents on payments for review.

Source of the article: https://policii.net/sovety/kak-otozvat-zayavlenie-iz-politsii-v-kakih-sluchayah-dejstvie-neobratimo

Duty lawyers

The Constitution of the Russian Federation and the Law “On Banks and Banking Activities” No. 395-1 of December 2, 1990….

The consumer's right to purchase quality, fresh products, good service and a refund procedure by the store...

Every citizen of the Russian Federation has the right to apply to state and executive authorities...

Source of article: https://xn—-7sbabf2al2alrezou2k.xn--p1ai/%D0%B6%D0%B0%D0%BB%D0%BE%D0%B1%D0%B0-%D0%BD%D0%B0 -%D0%BC%D1%83%D0%B6%D0%B0/