Telephone threats can unsettle anyone when they are repeated day after day. But threats are different. If they call you and say that they have sent you a curse or a curse of thrones, this is most likely not serious. Law enforcement agencies rarely respond to such calls. But if they threaten to kill you and your children and at the same time call their names and school address, you should be wary.
People who threaten you over the phone with murder, torture, beatings can pay for this with forced labor for 20 days or restriction of freedom for various periods, they can be arrested and even imprisoned for 2 years.
They will be given such punishments if the victim really has reason to fear what they are threatening. Intimidation is considered real if there are facts indicating surveillance of the victim and his relatives.
Threats that are associated with political motives, ideological, racial hatred are fraught with punishment in the form of forced labor or imprisonment for up to 5 years. Such people will also be prohibited from working in certain positions and holding certain positions. Such provisions are contained in Article 119 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation).
If there is no real threat to life and health, then there is no corpus delicti. But if the person being threatened knows the person on the other end of the line, he can take the case to court. In order not to be unfounded, he can record a threatening conversation on a telephone recorder.
It is advisable to structure the conversation in such a way that the threatening person gives himself away - gives the name and facts regarding the relationship with the interlocutor. Only if there is any evidence will the police begin to deal with such a case. You won't have to wait for anything else. And, in any case, immediately enlist the support of a lawyer.
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Threats by phone: how to collect evidence
You can, of course, record the conversation on a voice recorder, but it is still very difficult to collect evidence. After all, the person threatening can later say that his phone was stolen, but he himself did not call anyone, and did not intend to do anything. This is if you know someone. And if the call is anonymous, it will be even more difficult.
Try to collect evidence of the criminality of the person calling you. For this:
- record the conversation on your phone;
- determine the number - if possible, provide a qualifier;
- turn on speakerphone and ask others to be witnesses;
- take a video of the conversation so that the number is visible on the ID screen;
- Contact your mobile operator's office and ask for a call printout.
Don’t rush to block the scammer’s number, he can call from different phones. All of them need to be recorded and tried to “break through” on the Internet. To the police, describe in detail when and under what circumstances these calls began, and also tell us why you are afraid of them.
Wiretapping of telephone conversations will be allowed only after the police accept the complaint and initiate a criminal case.
As in bad movies, the police are more likely to accept a statement if the person threatening you has already tried to shoot you, and then called you, blackmailed you in some way, and committed other criminal acts. And it will be even better if you have already seen it and can describe it.
What is the punishment?
In order for an act to be qualified under Article 119 of the Criminal Code of the Russian Federation, it must have the appropriate characteristics. The object of the crime is the mental state of a person. From the subjective side, the act has direct intent. It is important to distinguish between a threat to commit murder or harm to health and attempted murder.
Reference: the main qualifying feature of the crime under Art. 119 of the Criminal Code of the Russian Federation is the absence of physical violence.
That is, intimidation is expressed verbally or in writing. The display of weapons is also considered a threat to kill. But when there is an attempt on life, the criminal uses certain actions that clearly express his intentions to be completed.
To qualify as a threat to kill or cause bodily harm, it does not matter whether the attacker intended to carry out his threats. The crime is considered completed from the moment criminal intentions are expressed towards the victim. It is also necessary to distinguish between a threat of murder and extortion. Blackmail is always accompanied by demands to perform certain actions. Most often, extortion has the goal of financially enriching the attackers.
As for punishment, then, according to the sanction of Part 1 of Art. 119 of the Criminal Code of the Russian Federation, the offender may face:
- Forced labor (up to 2 years).
- Mandatory work (480 hours).
- Imprisonment for 2 years.
- Probation (up to 2 years).
If threats were used on the basis of religious, racial or national differences, then the punishment under Article 119 of the Criminal Code of the Russian Federation will be more severe. The sanction of part 2 provides:
- Forced labor (up to 5 years).
- Imprisonment (up to 5 years).
In addition, the attacker may be deprived of the right to hold a certain position. The maximum term of imprisonment is 3 years.
Telephone threats: what to do and what not to do
When talking to a criminal or blackmailer on the phone, try to suppress unnecessary emotions and calm down. If you were unable to make a recording right away, turn it on the next time you call. If you know him, call him by name so that the police understand that he is a real threat to your safety. If a stranger calls, ask his name and ask what exactly he needs.
Perhaps it will be possible to find out at least some details about the reasons for the calls. Ask him what he wants to do with you, what to do with your loved ones. Of course, this will not be the most pleasant conversation in your life, but this way, perhaps, you will be able to “talk” him.
The longer the conversation, the more you can learn about the threatening person and his location. Listen to extraneous sounds. So you can guess that this type is, for example, in a place of busy traffic or near a railway station. You can guess how old this person is approximately. Maybe he stutters or has a lisp. Any details will be helpful.
Here are some tips that law enforcement officers offer in such situations:
- do not provoke conflict, try to speak calmly;
- If you lose your temper and lose your temper, it’s better to hang up;
- do not give your name;
- do not ignore calls or delete messages from your phone;
- do not change the SIM card.
It’s not a fact that the police will believe you the first time and begin to figure it out, but it’s worth a try. Don't lose hope, record every little thing. On the second (third) call, tell the threatening person that you are recording the conversation on a voice recorder and will take the recording to the police. After that, he may leave you behind. Remember under what article he can be charged if he does not stop calling (Article 119 of the Criminal Code of the Russian Federation).
If necessary, call the helpline of the Main Directorate of the Ministry of Internal Affairs of your city. They will help you calm down. In addition, all calls in this service are recorded, which will be another proof of the reality of what is happening. Call the duty station of your police department, come and write a statement. If the police didn’t accept him, go to the prosecutor’s office, don’t give up.
In addition to the application, you will need all the documents obtained during conversations with people who make threats over the phone. These are audio and video recordings and even notes on paper if you recorded it by hand. Call printouts taken from the mobile operator. Photos, if possible.
A police report can be submitted on the State Services website. Collect a package of documents, send and wait for a response. If law enforcement officers decide that there are sufficient grounds to initiate a criminal case, an investigation will begin. On the portal you can also make a sample statement to the police, as well as make an appointment with the prosecutor’s office.
Artemovsky urban district
Memo
citizens on actions in extreme situations
The purpose of the memo is to help citizens correctly navigate and act in extreme and emergency situations, as well as to ensure the creation of conditions conducive to the investigation of crimes.
Detection of a suspicious object that may be an explosive device.
If you find a suspicious item that you think should not be “in this place and at this time,” do not ignore this fact.
If you find a forgotten or ownerless item on public transport, interview people nearby. Try to establish whose it is or who might have left it. If the owner has not been identified, immediately report the find to the driver (driver).
If you find a suspicious item in the entrance of your house, ask your neighbors to see if it belongs to them. If the owner has not been identified, immediately report the find to your police department.
If you find a suspicious item in an institution, immediately report your finding to the administration.
In all of the above cases:
do not touch, open or move the find;
record the time of discovery of the find;
try to make sure that people move as far as possible from the dangerous find;
be sure to wait for the arrival of the operational investigation team;
Don't forget that you are the most important eyewitness.
The appearance of an item may hide its real purpose. Ordinary household items are used as camouflage for explosive devices: bags, packages, packages, boxes, toys, etc.
Parents are required to explain to their children that any object found on the street or in a hallway can pose a danger.
Do not take any action on your own with finds or suspicious objects that may turn out to be explosive devices - this can lead to their explosion, numerous casualties and destruction.
In the event of an explosion threat, try to leave the affected area as soon as possible.
In case of shooting on the streets.
When you hear shots on the street, do not go to the window to see what is happening there.
Do not stand near a window, even if it is covered with a curtain.
Do not rise above the window sill level, even if you are carrying a sleeping child.
Do not allow your child to enter a room from which gunshots can be heard.
If you come across strangers, and then you come across a wounded person, do not rush to detain people, provide assistance to the victim, call the police and an ambulance.
If a child was alone at home when he heard shots on the street or in the entrance, he should call the police and not go near the window or door. Even if they call and say that it is the police, he must shout that he cannot open the door.
If shooting catches you on the street, lie down on the ground and try to crawl behind cover (corner of a house, flowerbed, bus stop); if there is no such thing nearby, cover your head with your hands and lie still. When everything calms down, you can rise and, changing the route, reach your destination.
Whatever circumstances overtake you, your child should always have a label sewn on his clothes with his name, surname and contact telephone number, as well as medication contraindications, if any.
How to avoid becoming a victim of a terrorist attack.
In and around the house. The area around the house should be clearly visible and not have dense thickets that could serve as cover when planting an explosive device.
If there is poor lighting on the street where you live, contact the relevant services of the local executive authority with a request to improve the lighting.
During the dangerous period in large houses, it is advisable to organize every evening for residents to monitor strangers entering and leaving your house, parked cars that do not belong to neighbors, suspicious persons walking aimlessly near your house, as well as objects left unattended at the entrance door, at your door or at the neighbors’ door. Be especially careful if these objects make any sounds or if any wires are visible in them. In this case, it would be necessary to warn residents of nearby apartments about the possible danger and evacuate them. Any suspicious persons or objects must be reported to the police.
The entrance door to the entrance of your home should always be reinforced and equipped with combination locks. Doors to the basement and attic should also be secured, locked, and the keys should be kept by the person in charge of the house.
Receiving information about evacuation.
An evacuation message can be received not only in the event of an explosive device being discovered and the consequences of a terrorist act being eliminated, but also in the event of a fire, natural disaster, etc.
When receiving a message from government or law enforcement officials about the start of an evacuation, remain calm and strictly follow their commands.
If you are in an apartment, follow these steps:
take personal documents, money and valuables;
turn off electricity, water and gas;
assist in the evacuation of elderly and seriously ill people;
be sure to lock the front door - this will protect the apartment from possible entry by looters.
Avoid panic, hysterics and haste. Leave the premises in an orderly manner.
Return to the abandoned premises only after permission from the responsible persons.
Remember that the life and health of many people will depend on the consistency and clarity of your actions.
Receiving a threat by telephone.
Currently, the telephone is the main channel for receiving messages containing information about planted explosive devices, taking people hostage, extortion and blackmail.
If you have a Caller ID, immediately write down the determined phone number in your notebook, which will help avoid its accidental loss.
If you have audio recording equipment, be sure to record and store the conversation securely.
In the absence of sound recording equipment and caller ID, the following actions will provide significant assistance to law enforcement agencies in preventing the commission of crimes and searching for criminals:
try to remember the conversation verbatim and record it on paper as accurately as possible;
During the conversation, note the gender and age of the caller, the features of his speech:
voice (loud or quiet, low or high),
speech rate (fast or slow),
pronunciation (clear, distorted, stuttered, lisped, with an accent or dialect),
manner of speech (cheeky, mocking, with obscene expressions);
be sure to note the sound background (the noise of cars or railway transport, the sound of television or radio equipment, voices, etc.);
mark the nature of the call - local or long-distance;
Be sure to record the exact time the conversation started and its duration.
It is necessary, if possible, to obtain answers to the following questions during the conversation:
where, to whom, what phone number is this person calling?
What specific demands does he make?
Is he making demands personally, acting as a mediator, or representing a group of people?
Under what conditions does he or they agree to give up the plan?
how and when can I contact him?
Who can or should you report this call to?
Try to get the caller to give you the maximum possible amount of time for you to make decisions to “satisfy his demands” or take any other action.
Do not be afraid of intimidation by criminals; after the end of the conversation, immediately report it to law enforcement agencies.
Receiving a threat in writing.
Threats in written form can come to you either by mail or in various types of anonymous materials (notes, inscriptions, information on a floppy disk, etc.).
Once you receive such a document, handle it with the utmost care.
Try not to leave your fingerprints on it.
Do not crumple the document or make notes on it. If possible, place it in a clean, tightly resealable plastic bag and place it in a separate hard folder.
If the document arrived in an envelope, open it only from the left or right side, carefully cutting off the edges with scissors.
Save everything: the document itself with the text, any attachments, envelope and packaging - do not throw anything away.
Do not expand the circle of people familiar with the contents of the document.
All this will help law enforcement agencies during subsequent forensic investigations.
Hostage taking.
By coincidence, any person can become a hostage to criminals; a person’s life becomes a bargaining chip for terrorists.
In a situation where signs of a hostage-taking threat have appeared, try to avoid becoming one of them. Leave the danger area immediately or hide.
After hiding, wait for the terrorists to leave, leave the shelter as soon as possible and leave.
The exception is situations when you find yourself in the field of view of terrorists or when there is a high probability of meeting them. If an armed or suspicious group of people is heading towards you, immediately run or hide.
Seizure can occur in transport, in an institution, on the street, in an apartment. If you find yourself a hostage, we recommend that you adhere to the following rules of conduct:
do not allow actions that could provoke attackers to use weapons and lead to casualties;
endure hardships, insults and humiliation, do not look criminals in the eyes, do not behave defiantly;
if necessary, fulfill the demands of criminals, do not contradict them, do not risk the lives of others and your own, try to avoid hysterics and panic;
ask permission to perform any actions (sit down, stand up, drink, go to the toilet);
if you are injured, try not to move, this will reduce blood loss;
Remember: your goal is to stay alive.
Be careful, try to remember the signs of the criminals, the distinctive features of their faces, clothes, names, nicknames, possible scars and tattoos, peculiarities of speech and behavior, topics of conversation, etc.
Remember that, having received a message about your capture, the special services have already begun to act and will do everything necessary for your release.
During the operation carried out by the special services to free you, strictly comply with the following requirements:
lie face down on the floor, cover your head with your hands and do not move;
under no circumstances run towards or away from security officers, as they may mistake you for a criminal;
If possible, stay away from doorways and windows.
How to avoid becoming a victim of a suicide bomber .
As a rule, women are used by their organizers as suicide bombers to carry out terrorist acts.
When committing a terrorist attack, suicide bombers dress in clothing typical of the area. However, there are a number of characteristic features in their clothing and behavior.
Women have a headdress, and not only a traditional blind scarf is possible, but also light gauze scarves and baseball caps. In the summer, a suicide bomber's clothing does not match the weather: loose, designed to conceal an explosive device on her body.
The characteristic features of suicide bombers are:
inappropriate behavior;
unnatural pallor,
some inhibition of reactions and movements caused by a possible overdose of tranquilizers or narcotics;
a desire to evade CCTV cameras (an attempt to lower one’s head, turn away, cover one’s face with a hand or a scarf, or hide behind a taller person).
The terrorist, as a rule, carries a mobile phone with him to contact the leader in case of difficulties. Since the terrorists are visitors, they are uncertain about the terrain.
The nationality of the suicide bomber does not play a fundamental role for the organizers of terrorist actions. Meanwhile, an analysis of the latest manifestations of sacrificial terrorism on Russian territory shows a desire to use representatives of remote rural settlements in the southern regions of the country.
Be careful! If the suicide bomber senses the attention of others, he can detonate the explosive device immediately. Therefore, in order to protect yourself and others, try to remain calm and, without attracting the attention of a person who is suspicious to you, report him to administrative or law enforcement agencies or security services.
Liability provided by law
Important! According to the law of the Russian Federation, a criminal who makes threats over the phone can be prosecuted only if there are grounds for carrying out threats to life or health.
As was said, the article for threats and intimidation by telephone is number 119 of the Criminal Code. According to it, the preventive measure can be different, depending on the severity of the crime. This could be forced labor for at least 6 months, and even imprisonment for up to two years.
Regarding where to turn because of threats over the phone, one thing is for sure, the first one should be a lawyer. The reason for this is that it is very difficult to prove the fact of a crime and some law enforcement officers simply do not want to do it. By enlisting the support of a lawyer, you can count on the fact that law enforcement officials will not ignore your application.
