Threats over the phone may be related to social or political activities, conflict at work, in the family, or illegal actions of debt collectors. In some cases, attackers can be prosecuted, but this will require collecting evidence, which is not so easy in the case of anonymous telephone threats. But still, what should you do if they call you and threaten you over the phone, regardless of the reason? Let's figure it out.
Corpus delicti
What is included in the crime and what article of the Criminal Code of the Russian Federation regulates it? Threats over the phone can be different, but if they promise to take life or mutilate, then liability for such an act is provided for in Art. 119 of the Criminal Code of the Russian Federation. However, this article applies only if there is a threat of murder or serious harm to human health and in the case where the threat was perceived by the victim as a real danger.
Threats can be made over the phone:
- indicating the place and method of murder or injury;
- with sending photographs of a threatening nature;
- naming the addresses and telephone numbers of the victim or her relatives or close people;
- with a promise to kidnap children and mention facts indicating that they are being monitored.
All the options described above indicate that the threats look quite real and can be implemented (read about what to do if you are threatened with physical harm here). If threats are not associated with a danger to human life or health, then they do not contain a crime and are not regulated by articles of the Criminal Code of the Russian Federation.
For example, a promise to set fire to a car in your absence or a vague threat in the form of a desire to disappear from the face of the earth does not constitute this crime. But if they promise to blow you up personally and demonstrate knowledge of your home address and main travel routes, then you should contact the police.
Important! Not every threat contains elements of a criminal offense. If you are simply insulted over the phone, without the threat of harm to life and health, then you can file a claim for protection of honor and dignity in court and demand compensation.
That is, it is not enough to file a statement with the police that you are being threatened; it must be a) supported by evidence and b) the threat to life is real (we talked about how to determine the reality above) and the threat must be either murder or causing grievous bodily harm. This is precisely the basis of the crime in this case (Article 119 of the Criminal Code of the Russian Federation). If all of the above is not present, a criminal case will not be opened, there will be no investigation and there will be no trial with punishment. At most, they will talk to your “enemy”. More on this at the end of the article.
Judicial practice under Article 119 of the Criminal Code of the Russian Federation
Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 6, 2017 N 224-P17
by the resolution of the senior investigator of the prosecutor's office of the ZATO city of Zelenogorsk, Krasnoyarsk Territory dated January 18, 2002 in relation to Fedorov, who was accused of committing crimes under clauses “b”, “c” .3 tbsp. 163, art. 119 of the Criminal Code of the Russian Federation, a preventive measure was chosen in the form of a written undertaking not to leave.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 13, 2017 N 248P17
By the resolution of the Sretensky District Court of the Trans-Baikal Territory of November 8, 2012, a criminal case was opened on charges of Tonkikh under Part 1 of Art. 111, part 1 art. 119, part 1 art. 119 of the Criminal Code of the Russian Federation was returned to the prosecutor to remove obstacles to its consideration by the court. The preventive measure against Tonkikh in the form of detention was left unchanged.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 30, 2018 N 11-UD18-14
— July 14, 2014 under Part 1 of Art. 119 of the Criminal Code of the Russian Federation to 10 months of suspended imprisonment with a probationary period of 10 months, convicted under Part 1 of Art. 318 of the Criminal Code of the Russian Federation to 2 years in prison, under Part 2 of Art. 167 of the Criminal Code of the Russian Federation to 2 years in prison, under Part 1 of Art. 119 of the Criminal Code of the Russian Federation to 1 year of imprisonment; for the totality of these crimes by partial addition of punishments on the basis of Part 2 of Art. Criminal Code of the Russian Federation - to 2 years 6 months of imprisonment.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06/05/2018 N 18-APU18-6sp
KLIMENTOV Vladimir Filippovich, ... On October 30, 2009, convicted by the Korenovsky District Court of the Krasnodar Territory, taking into account the amendments made, under Part 1 of Art. 105 and part 1 of Art. 119 of the Criminal Code of the Russian Federation using Part 3 of Art. of the Criminal Code of the Russian Federation to 8 years 3 months of imprisonment, the sentence has been served in full (July 12, 2021),
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 19, 2018 N 31-APU18-7
- 10.29.1999 according to clauses “a”, “d”, “d” part 2 of art. 117, art. 119, paragraph “b”, part 2, art. 213, part 5 art. of the Criminal Code of the Russian Federation to 19 years in prison; - November 29, 1999 under Part 3 of Art. , part 1 art. 313, Art. of the Criminal Code of the Russian Federation to 19 years 3 months of imprisonment (taking into account changes made by resolutions of 03/04/2005 and 06/04/2010) - to 17 years of imprisonment, released after serving the sentence on 07/28/2016, -
Resolution of the Presidium of the Supreme Court of the Russian Federation dated June 20, 2018 N 63P18
Convicted: under Part 1 of Art. 119 of the Criminal Code of the Russian Federation to 6 months in prison, under paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation to 2 years 6 months of imprisonment, under Part 2 of Art. 167 of the Criminal Code of the Russian Federation to 2 years in prison, under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 5 years of imprisonment, under paragraphs “e”, “g”, part 2 of Art. 105 of the Criminal Code of the Russian Federation to 16 years of imprisonment with restriction of freedom for 2 years, with the establishment of the restrictions specified in the sentence, provided for in Art. of the Criminal Code of the Russian Federation - not to travel outside the territory of the municipal formation of the Sergievsky district of the Samara region, not to change the place of residence or stay without the consent of the criminal-executive inspection, which supervises the serving of sentences in the form of restriction of freedom by convicts, to appear there twice a month for registration.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 10, 2018 N 88-APU18-4
convicted under Part 1 of Art. 119 of the Criminal Code of the Russian Federation to 1 year of imprisonment, under clause “z”, part 2 of art. 105 of the Criminal Code of the Russian Federation to 16 years of imprisonment with restriction of freedom for 2 years, under paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation to 9 years in prison.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 27, 2018 N 53-APU18-7
Convict Bobko A.M. does not agree with the verdict regarding his conviction for attempted murder, indicates that the court did not read out the testimony of victim A. given by him during the investigation. He denies the presence of intent and conspiracy to commit a crime. The aggravating circumstance was not documented; no examination was carried out in this regard. He supports his lawyer’s appeal and asks that his actions be reclassified under Art. 119 of the Criminal Code of the Russian Federation and reduce the sentence.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 27, 2018 N 59-APU18-4
- November 17, 2021 under part 1 of article 222, part 1 of article 119 of the Criminal Code of the Russian Federation with the application of articles, of the Criminal Code of the Russian Federation to 1 year 6 months of suspended imprisonment with a probationary period of 1 year 6 months; - February 20, 2021 under Part 2 of Article 228 of the Criminal Code of the Russian Federation to 4 years of suspended imprisonment with a probationary period of 4 years,
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 23, 2018 N 45-APU18-18
- July 8, 2014 under Part 1 of Art. 119 of the Criminal Code of the Russian Federation with partial addition on the basis of Part 5 of Art. Criminal Code of the Russian Federation with a punishment under the previous sentence of 1 year 3 months of imprisonment, released on October 6, 2015 after serving the sentence;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 02/09/2018 N 1-APU17-12
By the resolution of the local police commissioner of police department N ... (for servicing the Oktyabrsky district of Arkhangelsk) of the Russian Ministry of Internal Affairs for the city of Arkhangelsk dated May 29, 2014, it was refused to initiate a criminal case based on a report of the commission of a crime under Art. Art. 119 and 163 of the Criminal Code of the Russian Federation, on the grounds of paragraph 1 of part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation for the absence of a crime (vol. 3 case file 68).
Collection of evidence
Telephone threats only at first glance seem easily provable , since now any phone has the ability to record a conversation. However, the calls may well be anonymous, or when it comes to proceedings, the threat may claim that he lost his phone and did not call anyone.
If you receive threatening calls from a stranger or acquaintance, then you can find out what to do and where to go further.
To prove the guilt of the threat it is necessary:
- record the conversation;
- install caller ID if the calls are anonymous;
- during the next call, put it on speakerphone so that 1-2 witnesses can hear the conversation;
- record not only audio, but video (your answers on the phone and the number on the screen) to make it easier to prove that the recording of the conversation is genuine;
- use the “malicious call” function (conversation recording and number identification), which is offered by many telephone operators;
- Obtain a printout of incoming calls from the telephone company.
If you are blocking the number of a person who is calling with threats, and he is calling from different numbers, then you need to make a list of them and, if possible, find out who they belong to.
With the Internet and telephone directories, this is no longer a problem. Attention! Only after filing a statement with the police (and only if a criminal case has been initiated) will a petition be filed with the court to obtain permission to access the recording of telephone conversations as part of the investigation.
After this, the phone can be “wiretapped” and additional recordings can be made for the court, and they can also drive up to the offender to catch him in the act.
The police will definitely ask under what circumstances you had reason to fear the threats would be carried out. If the person making the threat has already tried to attack, shot, and later called with threats, then such a statement has a greater chance of being accepted. Evidence may also include written threats , as well as displaying weapons or sending threatening photographs.
What to do if you receive threats via SMS? Your actions should not be aimed at destroying SMS messages, but on the contrary, make printouts of them and attach them to the police application.
How to prove a crime
Methods:
- if the threats were made in private, and there is no direct evidence, to confirm his words, the citizen should obtain the personality characteristics of the culprit given by neighbors or colleagues;
- Additional confirmation will be that the attacker has bad habits, such as addiction to alcohol. Often, even the fact that the culprit shows aggression in everyday interactions will affect the conviction;
- evidence also includes testimony;
- you should be aware that it does not matter how old the witness is, if there is no other evidence, the court will take into account the information provided by citizens under the age of eighteen;
- If possible, audio or video recording of threats should be made. If the conflict occurred in a public place, you should try to obtain recordings from external surveillance cameras.
Please note! If we manage to collect a sufficient evidence base, we can hope for a favorable outcome of the case.
Recommendations for conducting a conversation with an attacker
What is recommended to do if you are threatened by phone? If you are being harassed by threatening calls, then try to suppress your emotions and record the conversation on a voice recorder. If the call is anonymous, then it is very important that the interlocutor identifies himself. You can address him by his first name, last name, if you know him.
As mentioned above, the conversation must include not abstract, but real threats. “I will curse you and rot in prison,” is an example of vague threats. But: “Tomorrow we will shoot your wife, we know where she works” (and they name the place) - this is an example of a specific threat.
Find out from the attacker exactly what they plan to do to you, where and how. The more details the better. If a constructive conversation does not work out, you still have the right to file a complaint with the police. Even if there is little evidence of the threat’s guilt and no case is initiated, the policeman will visit him to clarify the details and this may also affect the situation.
Threats via telephone and Internet
Nowadays, the Internet is used not only by respectable users, but also by individuals with criminal intentions. The problems associated with the situation when unscrupulous citizens gain access to personal information and use it to achieve criminal goals have been known for a long time.
It is for this reason that in order to avoid getting into a dangerous situation, citizens are advised to:
- refrain from storing intimate images of yourself online (anywhere - on social networks or simply on a cloud intended for storing information);
- if you use social networks, you should block access to your page to strangers, and you should add them as friends only after you have received detailed information about them;
- you should not send your photos (any) to unknown people;
- You cannot talk about unpleasant topics or talk about confidential things - it is better to talk in person.
But even when a citizen follows these rules, the danger of blackmail or receiving threats via the Internet cannot be ruled out.
Remember! By law, this type of psychological influence is considered the same way of committing a crime as others, and persons who engage in threats using computer networks bear criminal liability.
In this case, it is also necessary that the citizen perceive the danger as real. However, in such situations it is more difficult to prove guilt.
Example
After meeting on the Internet on a dating site, the girl met a man in real life, but communication with him disappointed her, and she decided to avoid further meetings with him.
Offended, he began sending her threats via email and SMS, where he threatened to beat her half to death, break her limbs and place her on disability. She filed a complaint with law enforcement agencies.
The employees refused to initiate a criminal case, however, after the intervention of the Prosecutor's Office, the case under Art. 119 of the Criminal Code of the Russian Federation was nevertheless initiated.
The main factor that influenced this outcome was the information that the citizen had previously been punished and was imprisoned for causing serious injuries to another person; every day he was guarding the girl near the house, holding a bat in his hands, which is why she was forced to turn to her colleagues with a request to accompany her home, he left a note on the wall on the VKontakte page: “Soon you will become disabled” (the fact that he was the author was definitely established).
Where to go and what to do if you are threatened?
To protect against telephone threats, you must use all possible measures.
Important! If you feel that the threats are real, then you should not simply block someone else’s number or ignore calls.
It is necessary to contact the police or try to influence the person making the threat in another way.
To protect yourself from threats over the phone, you must:
- Try to resolve the conflict peacefully. When you receive 1-2 threatening calls, you can use your actions to warn the attacker that you are recording conversations and that if the calls do not stop, you intend to contact the police.
Report what responsibility awaits the person making the threat and explain that all evidence has already been collected. If you are interested in where you can turn in case of intimidation and psychological pressure, then you can get the necessary help from the trust service of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow (24 hours a day). Firstly, they will help you cope with stress, and secondly, all calls to this service are recorded and you can later confirm the fact of the call (you can find out what intimidation is and what punishment is provided for it here). - Contacting the police. If all else fails, then you need to contact the duty station of the local police department and write a statement. It should contain your passport and contact information, all the information you have collected so far about the threat, as well as a request to take action.
The application is accompanied by copies of call printouts, audio and video recordings of conversations with the attacker. The document must be registered in a special journal. Don't forget to write down your registration number or take a photo of it. You can also submit an application through the State Services portal.
- Legal settlement. Based on the results of consideration of the application (within 10 days), the police may initiate a criminal case or refuse the applicant.
If a case is initiated, a preliminary investigation begins. Even at the stage of checking the application, the police will find out the identity of the attacker (if it is unknown) or immediately meet with him to question him. If the threats are confirmed, a decision is made to charge the person as an accused.
Based on the results of the investigation (about two months later), an indictment is issued and the case is transferred to the district court. This is only possible if evidence of the threat’s guilt is collected. The court will consider all the circumstances of the case and announce a verdict.
At the same time, you can file a civil claim, for example, for personal insult by telephone, causing and compensation for moral damage, or for compensation for material damage caused simultaneously with threats (arson, destruction, etc.). To do this, you need to draw up a statement of claim in the district court, collect evidence and pay a state fee of 300 rubles.
Attention! There is criminal liability for false denunciation, so if you are not sure who exactly called you on the phone, then it is better to clearly write about this in the application.
How to make a statement to the Police
Having collected evidence, you should go to the nearest police department in order to file a statement about the death threat.
It should contain information:
- Full name, address, passport details and telephone number of the victim;
- name of the Police department;
- a description of the situation in which a threat was made to kill a citizen, indicating the date of the incident;
- information about witnesses (if there were any);
- painting and date of writing the document.
It is very important that the text of the statement emphasizes the fact that the threat was not only real, but also intended to frighten and exert moral pressure on the citizen. Otherwise, they will refuse to initiate a case.
When contacting law enforcement agencies, you must follow the following algorithm:
- to write an application;
- receive a notification ticket from the duty officer;
- after 10 days, receive a resolution confirming the initiation of a criminal case or refusal to initiate it;
- if they refused to initiate a case, you should contact the Prosecutor's Office or the court in order to appeal the decisions, presenting confirmation that the threats are very likely to actually come true;
- If the court does not consider that the possibility of making a threat of murder or damage to health can be carried out, you can sue the culprit in court in the manner prescribed by civil law, since there has been a violation of the rights to privacy.
When appealing, it is necessary to inform that the citizen not only perceived the threat as valid, but was also scared and felt morally depressed, otherwise criminal prosecution will not be initiated.
Important! If there was no real threat, then they refuse to initiate criminal prosecution justifiably and legally. But this does not deprive a citizen of the right to file a complaint against the refusal to the head of the investigative body, the judicial authorities or the Prosecutor's Office in accordance with Chapter. 16 of the Code of Criminal Procedure of the Russian Federation.
What are the differences between calls from a familiar and anonymous person?
If you know who called you with a threat, then you will need to indicate his last name, first name, and address in the application. In this case, the inspection period will be shortened and the case may be initiated faster (if there are grounds).
But if you are being pestered by an anonymous person, then the task for law enforcement agencies is more serious. It is necessary to determine the identity of the attacker, and this will take time; it is possible to obtain permission to wiretap. If calls come from disposable SIM cards that are thrown away immediately after the call, then the chances of finding the person are slim. Therefore, the identity of the person making the calls is very important and, if possible, it is advisable to find out before contacting the police (using caller ID, etc.).
Penalties for the act
For this type of crime, a person can be sentenced without qualifying criteria to 480 hours of compulsory labor or have their freedom restricted for up to two years or forced labor for the same period. Arrest for up to six months or imprisonment for up to two years is also possible.
For committing a crime with qualifying characteristics, the liability is even more severe. If the threats were carried out based on political, ideological, racial, national or religious hatred, they may be sentenced to forced labor for up to 5 years with deprivation of the right to hold certain positions for up to three years or imprisonment for up to five years.
Grounds and rules for compensation for moral damage
But what if the threats provoked severe depression, fears, and insomnia? In this case, you can file a claim for compensation for moral damages. If the mental state has affected the physical one - leading to an exacerbation of chronic diseases, then this must also be taken into account when preparing a claim.
The statement of claim must indicate:
- contact details of the parties;
- evidence of infliction of mental suffering;
- the fact of filing a statement with the police;
- cost of claim;
- claim to court;
- list of attached documents.
To confirm the claim, you need to obtain a medical report on the diagnosis, as well as confirmation of payment for treatment, purchase of antidepressants and other medications. All these documents must be attached to the claim.
The amount of compensation depends on how significant the harm was caused to the applicant. The average amount of moral damage is from 5 to 50 thousand rubles.
The spread of threats of physical violence on social networks is far from a rare occurrence. Read on our portal about the features of threats in social networks. networks and on Internet sites, under what articles you can sue the offender. And also what to do and where to go if you are being harassed and insulted by your ex-spouse or threatened with violence by your neighbor or legal husband.
Examples
- After a divorce, a woman systematically received messages from her ex-husband on one of the social networks threatening to disfigure her face. The reason for the divorce was the man's alcohol abuse. In addition, he was repeatedly prosecuted for beatings. Knowing the violent nature of her ex-husband, the woman had every reason to fear for her life and file a complaint with the police after receiving threats (you can find out where to go if your ex-husband threatens with violence, insults or stalks you here).
- On one of his posts, the man received a comment from an unknown person: “I would kill for such words!” Since the commentator did not express any other actions of his intention to commit a crime against the author of the post, due to the lack of reality of the threat being carried out, there is no corpus delicti.
