What to do in case of threats: where to turn, how to behave


What does criminal law say?

When someone threatens you, the Criminal Code classifies their actions as an independent crime.
Moreover, in order for such an action to be considered a violation of the law, the person who made the threat does not necessarily have to intend to move from words to action - if he tries to justify himself by saying that he simply threatened and did not intend to do anything, this will not save him from responsibility. Article 119 of the Russian Criminal Code provides punishment for those who threaten to kill another person or cause serious harm to health. Responsibility for such actions:

  • performing mandatory work up to 480 hours;
  • performing forced labor for up to two years;
  • restriction of freedom for up to two years;
  • being placed under arrest for up to six months;
  • imprisonment for up to 2 years.

If a person is threatened on the basis of hatred on racial or national grounds, for political, ideological or religious reasons, then his offender may face a sentence of up to five years in prison.

If you encounter an inadequate person on the road: detailed instructions

If you are a motorist, then you have probably met on the roads this type of “driver-educator” who, for the slightest mistake of another driver (even if it was committed through negligence), tries in every possible way to “teach” the offender a lesson. One of their favorite methods is dangerous overtaking and irritated signals, sometimes with obscene language. There are also extreme people who cut off and brake sharply in front of the offender, thereby provoking an accident; they go to great lengths to show their dissatisfaction and attract attention.

Unfortunately, such cases often result in injury and even death. Today we will talk about one of these cases using a real case as an example and how to act if you have attracted the attention of such an “inadequate person”. And at the end of the article, as a bonus for our readers, we placed a link to a sample application for an administrative offense.

It's time to take road safety into your own hands!

The content of the article:

1. The story of how a driver received 15 years for trying to “educate” another.

2. Why did the story resonate so strongly?

3. What to do if you are being pursued by an inappropriate driver?

4. Sample application for committing an administrative offense

The story of how a driver received 15 years for trying to “educate” another

In Irkutsk on October 8, 2021, Toyota driver Sergei Polyakov thought that the Kia driver cut him off. Then he decided to “teach” her a lesson and cut her off in response. As a result, he increased the speed to 85 km/h, overtook her car and pushed her into oncoming traffic, which led to a tragic accident.

Zhanna Tuturina was driving in a Kia car with her children: an 8-year-old boy and a 12-year-old girl. Having flown into the oncoming lane, her car collided with a Mitsubishi Lancer head-on, and then spun several times.

All passengers in the Kia were seriously injured: the mother received serious spinal injuries and was connected to a ventilator, the daughter broke her hip, the son received a concussion and a huge number of bruises. They are still in rehabilitation.

Mitsubishi driver Alexander Evlanov had it the worst of all: he died from numerous injuries in the hospital the next day.

Sergei Polyakov, the culprit of the accident (by the way, previously convicted of violent crimes), not only did not stop, but also increased his speed, fleeing the scene. However, all his actions were filmed by surveillance cameras, as well as video recorders of nearby cars.

The police searched for the suspect for 2 days until they found him in Angarsk, hiding with friends. Sergei Polyakov turned out to be drunk and tried to escape from prosecution by getting behind the wheel. As a result of the chase, he was detained.

According to the Investigative Committee, he was intoxicated on the day of that terrible accident. And during the investigative experiment, he directly admitted that he cut her off because he wanted to “teach her a lesson.”

2. Why did the story receive such resonance?

The accused was charged with several crimes:

(1) Part 1 Art. 167 of the Criminal Code of the Russian Federation - intentional destruction or damage to someone else’s property, if these acts entailed causing significant damage (punishable by a fine in the amount of up to 40 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to 3 months, or by compulsory labor for a period of up to 360 hours , or correctional labor for a term of up to 1 year, or forced labor for a term of up to 2 years, or arrest for a term of up to 3 months, or imprisonment for a term of up to 2 years);

(2) paragraph “h”, part 2, art. 112 of the Criminal Code of the Russian Federation - intentional infliction of moderate harm to health using weapons or objects used as weapons (punishable by imprisonment for up to 5 years);

(3) paragraph “b”, part 3, art. 111 of the Criminal Code of the Russian Federation - intentional infliction of grievous bodily harm in relation to two or more persons (punishable by imprisonment for a term of up to 12 years with restriction of freedom for a term of up to 2 years or without it);

(4) paragraph “e”, part 2, art. 105 of the Criminal Code of the Russian Federation - murder committed in a generally dangerous manner (punishable by imprisonment for a term of 8 to 20 years with restriction of freedom for a term of 1 to 2 years, or life imprisonment).

The judge of the Irkutsk Regional Court, taking into account Sergei Polyakov’s convictions for property crimes and crimes against the person, ultimately sentenced him to 15 years in prison. The offender will have to serve his sentence in a maximum security penal colony.

On the one hand, it seems that everything is logical: a deliberate crime was committed and the criminal did not try to hide it, 1 person died and 3 (including 2 children) received numerous serious injuries.

On the other hand, judicial practice developed completely differently. Motorists in similar situations are most often charged with Part 3 of Art. 264 of the Criminal Code of the Russian Federation - violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, resulting in the death of a person through negligence (punishable by forced labor for up to 4 years with deprivation of the right to hold certain positions or engage in certain activities for for a term of up to 3 years or imprisonment for a term of up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years).

It is logical that the defendant Sergei Polyakov and his lawyer insisted during the trial that it was an accident in the usual sense, and not a murder. However, the court did not believe such a story. In the end, such “childish” clauses are unacceptable when you deliberately use a high-risk vehicle (namely, a car) to harm another person.

There are several points of view regarding this verdict. Some believe that it was the personality of the deceased who influenced the initiation of these more serious criminal cases, because he was an inspector of the Federal Penitentiary Service. Others believe that this harsh sentence was adopted for educational purposes, so that other drivers would think about their driving style and reduce the level of aggression on the roads. Well, still others consider this sentence to be fair, because for an accident that led to the death of a person under Part 3 of Art. 264 of the Criminal Code of the Russian Federation, the maximum penalty is only 5 years in prison.

What to do if you are being chased by an inappropriate driver?

Tip #1. Before heading out on the road

It is better to prepare for any conflict, even a hypothetical one, in advance. Equip your car with good video recorders and keep your phone handy in case the continuation of the conflict has to be recorded on it.

Don't forget that it is best to keep a first aid kit and a fire extinguisher inside the car. Often, in the event of an accident, a deformed trunk does not allow them to be taken out, and it is impossible to put out the fire or provide first aid before the ambulance arrives. Save emergency service numbers, as well as the traffic police hotline in your region, in the speed dial on your phone. At a critical moment, many people find it difficult to remember a number consisting of even 3 digits.

Tip #2. Don't stir up aggression

If you yourself made a mistake and, for example, did not let someone pass while changing lanes or accidentally cut you off, the easiest thing is to apologize and not provoke the other driver to escalate the conflict.

Tip #3. The Three D's Rule

If this does not help and the second driver continues to behave inappropriately, remember the rule of the three “Ds”: “Give way to the fool.” It means that it is better to clear the road and let the “abnormal” driver pass than to prove that you are right later, after an accident.

If necessary, save the recording from the DVR or write down his license plate number on your phone, or at least remember the number of the aggressive driver; you have at least 2 options for responding to his behavior, incl. fast - more details below.

Tip #4. If the situation develops

If an aggressive driver tries to push you to the side of the road to “talk,” then you should not speed and try to drive away. This may well provoke such a driver into a pursuit, which could end in an accident.

If you reduce your speed to the limit, most likely the second driver will get tired of it and leave you alone.

Tip #5. Should aggression be left unpunished?

If the driver has left or, especially if he continues to pursue you, call the quick number 102 or the number of the traffic police department on duty in your region.

For example, the hotline number of the Duty Department of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow.

Report the driver's inappropriate behavior and dangerous driving behavior, describe the car (license plate, size, color, make and model). If you think that the driver is behaving completely inappropriately and there is a suspicion of alcohol or drug intoxication, report this too - this will speed up the reaction of the traffic police. Remember that by reporting “suspicion” you are not breaking the law in any case.

The information is immediately transmitted to several subsequent traffic police posts, which identify inappropriate drivers in the general flow and check the received information after they are stopped.

Tip #6. Your life and health are most important

If you stopped, and an angry driver stopped after you, got out of the car and started shouting, waving his arms or even hitting the car - do not succumb to the provocation.

Lock the doors, continue to videotape his behavior, and call the police. In this case, most likely, the situation is already developing into a criminal law level. The safety of the car is not the most important thing to worry about at this moment. Act according to the situation to preserve the health and life of you and everyone who is with you in the car.

Sample application for committing an administrative offense

To report an administrative offense, follow the link.

You can also submit an appeal online on
the traffic police website.

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What is the threat?

When making threats of physical violence, a sober assessment of the nature of the threat, its reality, how the demands are expressed, and motives hidden at first glance will be required. There is no need to think that if you have known a person well for a long time, then he is completely safe. The attacker may well not only intimidate, but also move from verbal threats to real actions.

Terms of liability for threats

You will have to answer for personal or anonymous threats in the following cases. According to the legislation of the Russian Federation, a citizen is held accountable if the threat is characterized by the following signs:

  • you are shown weapons or other equally dangerous objects;
  • danger to life or health in reality in verbal form or in the form of actions;
  • real threats to disseminate defamatory information.

If there are threats to your property and material assets in writing, it will not be possible to bring the offender to criminal liability, since he will be held accountable for material damage in fact.

In addition to threats, there are often demands to perform certain actions or calls to refrain from them. Let's give an example. For example, this could be coercion to commit robbery if they promise to commit physical violence. Recently, requests via the Internet or telephone calls from collectors have become more frequent because you did not pay off the debt on time. This is not all, and the list goes on.

What to pay attention to

Even with all the legality of the offender’s demands from you to perform some actions, you cannot threaten to use force, etc. If the fact of the threat is confirmed, then punishment in accordance with the Criminal Code will be required.

In what cases can you file a complaint against debt collectors?

Even law enforcement officers usually realize that it is possible to get a criminal record for threats and extortion, so they will not make threats in open text in letters and messages. But in conversations or personal meetings, debtors do not immediately recognize threats to life or property.

If you receive a call suddenly, ask to call back in 5 minutes. It is advisable to record the conversation on a voice recorder and record evidence for filing a complaint. This will help the Prosecutor or the FSSP, when considering a case, quickly recognize the debt collector’s guilt and take action.

As soon as you learn about the possible transfer of debt to collectors, call a lawyer, clarify your options for protection, and prepare for calls and other forms of interaction. Even if the collection company acts within the law, you will be able to behave confidently and keep communication with debt collectors to a minimum.

The debtor should not tolerate the arbitrariness of collectors

The debtor can complain against collectors for any violation in their work. This could be a rude tone, threats, rudeness, violation of rules regarding the number and time of phone calls, SMS and emails. But you must remember that complaints must be supported by evidence.

If collectors threaten

A common form of pressure on a debtor is threats. The goal is to intimidate the defaulter, creating an atmosphere of constant fear and stress.

It happens that debt collectors call and threaten:

  • life and health of the debtor, members of his family, relatives, close people;
  • damage or destruction of property;
  • disclosure of personal data or personal information about the debtor.

Collectors will be held accountable if the threat sounds serious.

Material on the topic

Where to complain about debt collectors + sample statements When to complain about debt collectors to bailiffs, when to complain to the prosecutor's office, and when to urgently call the police. Does it make sense to file complaints about the work of debt collectors to their professional association.

To initiate a criminal case, it is not enough to convey the essence of the conversation - evidence is required. It is advisable to record the debt collector’s words on a phone or voice recorder, since the reality of the threat may follow from the intonation of the interlocutor.

In a personal meeting, threats are indicated by words and behavior (waving, displaying weapons or dangerous objects). Try to hold personal meetings in the presence of witnesses, in public places.

If debt collectors threaten you, it is better to stop the conversation immediately and not try to argue or insult your interlocutor.

We recommend that you immediately report such facts to the head of the collection organization.

Often, threats are caused by the excessive initiative of a particular debt collector, while his company diligently complies with the law. Legitimate companies will definitely conduct a check on verbal complaints and remove the aggressive person from work.

If property is taken or damaged

Collectors sometimes try to take property to pay off a debt, or damage or destroy it. This is a violation of property rights, an abuse of authority in debt collection. Or such an action is qualified as extortion, theft, or fraud.

Only FSSP specialists have the right to seize property and confiscate it for subsequent sale.

If a debt collector tries to take things by force, contact the police immediately. If the collector threatens to take away or damage the car, we recommend leaving the car in guarded parking lots, or in a place with CCTV cameras. If there is a real threat of property damage, you should also contact the Ministry of Internal Affairs.

If the number and time of calls are violated

Law No. 230-FZ clearly defines the limits on the number and time of interaction between collectors and debtors. For example, calling and visiting a defaulter’s home is allowed from 8 a.m. to 10 p.m. on weekdays and from 9 a.m. to 8 p.m. on weekends. There are also restrictions on the number of calls, SMS, and meetings.

If these rules are violated, you have the right to:

  • do not answer calls, add the number to the blacklist;
  • avoid personal meetings, do not open the apartment door;
  • ignore SMS and written complaints;
  • file a complaint against the collectors with the FSSP.

The law also allows you to send a written refusal to any form of interaction to the collection agency.

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After receiving such a letter, debt collectors have no right to harass the person with calls and messages. If you have the means, offer to buy your debt from debt collectors to close the issue.

If there is no money, the collectors will initiate legal proceedings and then transfer the case to the bailiffs. We wrote in this article how to communicate with bailiffs.

If the bailiff comes to the conclusion that there is nothing to take from you, he will close the case for impossibility of collection, and then you will get a chance to write off your debts through free out-of-court bankruptcy.

If they contact relatives

By putting pressure on relatives and threatening them, collectors force the defaulter to hand over money and property. This behavior violates the law, since it is only allowed to interact with the defaulter himself. However, if you are on the run, then collectors have the right to inquire about where you are.

There is an exception - you are allowed to call and talk with guarantors and co-borrowers on the loan. Check the terms of the loan agreement.

It is legal to demand a debt from a relative who is the heir of a deceased defaulter. Such succession occurs if the heir received a certificate from a notary. The demand for debt repayment from heirs can be made only within the limits of the value of the inherited property.

If someone else's loan is collected

The requirement to repay someone else's loan is usually caused by an error on the part of the bank, microfinance organization or collection agency. For example, when selling a debt, the namesake’s details were indicated in the contract, after which the collector called a complete stranger.

The error is easy to identify and eliminate during the first conversation with the collector. Indicate what the discrepancy is so that the collection company can immediately double-check the information. To withdraw claims, contact the bank and receive a statement confirming the absence of loans or full repayment of the debt.

If collectors demand someone else's debt or ignore requests, file a complaint with the bailiffs or the prosecutor's office.

Complain about banks and microfinance organizations to the Central Bank of the Russian Federation through the online reception.

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If they claim a bad debt

By assignment, the bank can even sell an outdated loan for which the statute of limitations has expired. This does not contradict the Civil Code of the Russian Federation, since all risks of impossibility of collection will be borne by the collection company.

The collection of bad debt is also regulated by the provisions of Law No. 230-FZ. If debt collectors violate the law when interacting with a defaulter, complaints must be filed. In general, with old overdue loans, it is better to send debt collectors to court.

Consequences for a bad debt will occur if the collection company goes to court. The defendant must claim a statute of limitations to dismiss the case.

Sample application for application of the limitation period (29.5 KB)

If the defendant ignores the summons and does not report a missed deadline, collectors can collect even an outdated debt. If debt collectors receive a court order, it can be easily overturned if objections are filed in a timely manner. How to do this - read here.

Threat as a type of criminal offense

According to the Criminal Code of the Russian Federation, a threat is an independent crime. For his qualification, it is absolutely irrelevant whether the criminal really intended to carry out his threats or only intimidated the victim.

The threat of murder or infliction of grievous bodily harm is regulated by Art. 119 of the Criminal Code of the Russian Federation.

This is a crime of minor gravity, it is being considered by the magistrate. It is almost impossible to get a real prison term for such a crime.

In order for the act to be recognized as a criminal offense, it is necessary that the victim takes the threats seriously and experiences fear and anxiety against the background of their manifestation.

In practice, it is enough that the victim gives evidence in which he indicates that the defendant said to him: “I will kill you!”

The threat can be expressed in several actions:

  • Orally;
  • In writing (letters with threats);
  • Gestures;
  • Demonstration of weapons.

If suddenly, for unknown reasons, the threat does not reach the consciousness of the victim, the actions of the perpetrator will be classified as an attempted crime.

Third parties may be involved to carry out the act, through whom threats are transmitted to the addressee.

Threat of murder (Article 119 of the Criminal Code of the Russian Federation) - general characteristics

First of all, a criminal case is initiated only at the initiative of the victim; Article 119 of the Criminal Code (Criminal Code of the Russian Federation) regulates the entire process in relation to the threat of physical violence.

Important!

The term
“threat to life”
is interpreted as intimidation or a promise of harm, which represents a form of psychological influence on a person and can lead to negative consequences.

Death threats are expressed verbally or in writing, and are also made by displaying weapons and other intimidating objects. At the same time, promises of reprisals must be real.

The qualifying signs of such a crime are reflected in the second part of Art. 119 of the Criminal Code of the Russian Federation.

Forms and objective signs of a threat to life:

  • verbal;
  • demonstration of weapons;
  • by phone;
  • in the form of SMS;
  • via the Internet.

Corpus delicti

If they tried to intimidate a person, but he turned out to be immune to this, the actions of the threat can be qualified as an attempted crime. Often, third parties are involved to carry out such an act - for example, to transmit threatening letters to the person to whom they are addressed. Such people can be prosecuted as accomplices.

The act of one person threatening another is not considered a serious crime, and cases involving threats are dealt with by magistrates. Almost never do defendants in such proceedings receive actual sentences.

The role of the victim in such cases is also very important. For such actions to be considered a criminal offense, the victim must take the intimidation attempts seriously. However, even if you are not very scared, but someone threatened to kill or maim you (which there is evidence and witnesses to), this will be enough to contact law enforcement.

To assess how real the intimidation was, law enforcement officers consider the relationship between the parties to the situation, the nature of what was said and its form, the circumstances under which the conflict occurred, and study the identity of the threat.

Like any other offence, intimidation has elements of a crime. Firstly, the object of this crime is human health. Despite the fact that intimidation does not cause physical harm to the victim, the mental and psychological peace of the person suffers from it.

Secondly, when you are threatened, the threats must contain promises of serious harm or death. As a rule, threats to damage property or some vague words do not give rise to offenses. However, the person who was attempted to be intimidated may not agree with this. And in general, even the most significant threat can be carried out.

Another important aspect is the age of the threat. Only those who are over 16 years old can be held accountable.

What are the most dangerous threats?

The most dangerous among all other threats are those associated with the use of physical force, demonstration of weapons, damage to property, etc. The most unpleasant thing is that you can encounter this phenomenon in unexpected places: on the street, on a bus or in the subway, or one-on-one. Threats that are made not only towards you, but also your family, friends, colleagues, etc. are punishable. You should not take violent action in response. Otherwise, you will receive liability for causing bodily harm in a mild form; from the category of victims, you will automatically become offenders.

How and where to apply. How to compose it correctly

If you are being persecuted and threatened with death and real danger. You should not delay the matter until unpleasant events develop. You need to immediately write a statement to the police or report the crime verbally. If you apply orally, then it is necessary to record a protocol form, which is personally checked and signed by you. The written statement must contain items such as:

  • place, time and methods of incoming threats through personal contact using mail, phone calls, the Internet, etc.;
  • the nature of the threat in the form of murder, infliction of bodily harm directly to you or your loved ones, dissemination of information discrediting your dignity and business reputation, etc.;
  • contact information from persons who are witnesses and capable of confirming that you have received a verbal threat;
  • links to written evidence, recording audio and video in the format of screenshots of pages on Internet resources;
  • information about offenders, if you know the person’s identity or information about his location;
  • the motives for the threat can be expressed in racial and religious hostility, political beliefs, etc.;
  • other information to identify the person who is threatening you.

If the threat does not involve danger to life or serious harm to health, the person will not be punished. If you contact law enforcement agencies, this will happen only if the offender clearly indicates criminal intentions to cause grievous bodily harm or murder. In this case, a criminal case will be initiated and punishment will follow for threats to kill or serious harm to health, which under this article amounts to up to 5 years.

If you contact the police, you will need to justify the reasons and conduct an investigation. If the threat is confirmed during the pre-investigation period, the responsibility for proving guilt will be assigned to the prosecution and the police.

Submitting a report of a crime orally or in writing can occur to the territorial department of the Ministry of Internal Affairs. This is possible even when you are away from home, on vacation, on a business trip, etc. If you are threatened, you can contact the nearby police station. If you find yourself in danger on the streets or in other public places, simply call a police officer for help.

Step-by-step instructions in case of death threats

Article 119 of the Criminal Code of the Russian Federation provides for criminal liability for threats to kill or cause grievous bodily harm if there were grounds to fear that this threat would be carried out.

In the vast majority of cases of violence in intimate relationships, threats of murder or grievous bodily harm are made behind closed doors without witnesses and are very difficult to prove. Therefore, if this is not the first time this situation has happened to you, try to record the threats on a voice recorder or make a video recording.

Death threats can be sounded and expressed in different ways - both by gestures, actions and words. For example, the aggressor can say the following: “I will kill you,” “strangle you,” “I will break your legs,” “I will kill you,” “I will bury you,” and use any other expressions that directly or indirectly may indicate the intention to use physical violence or murder.

The aggressor can use actions. For example, display weapons or any other objects that can be used as weapons (axe, hammer, bat, etc.).

Threatening gestures may include aggressive fist pounding on the palm, as well as the characteristic "I'll cut your throat" gesture.

In addition to threats directly in person upon contact with the offender, threats can be carried out in various ways: by mail, including email, by telephone (voice and SMS), through social networks. The first thing you need to do when receiving threats is to get confirmation that you are being threatened:

  1. Mail A letter with threats is the main evidence of the fact of the threat. Handle it with care. Try not to leave fingerprints on the paper, don’t crumple it, and don’t write anything on it. Try to leave the letter in exactly the same condition in which it was delivered. You should also determine the delivery time, remember where and how it was delivered, and whether you noticed anything unusual when you received the letter. Tell and show the letter to your friends.
  2. Phone calls Caller ID will be very useful here. It is advisable to have something (a voice recorder, a smartphone) on hand to record the conversation (record not only audio, but also video of the conversation process). If you have nothing to write down, remember and be sure to write down everything you hear: noises, timbre of voice, pronunciation, peculiarities of speech, even what seems to you an unimportant little thing. After receiving calls, it is necessary to obtain a statement from the mobile operator about the call.
  3. SMS When you receive an SMS, your phone number is displayed, of course, if the message was sent from your phone and not from the mobile operator’s website. Save the message.
  4. Messengers (WhatsApp, Viber, Telegram, Signal, Vkontakte, etc.) Since these instant messengers have a function for deleting messages, it is necessary to take screenshots of received threats in correspondence.
  5. Email or social networks You must take a screenshot of the page with your threat posts or take a photo of the screen. Also, such threats can be recorded by a notary. The notary will draw up a protocol on recording the evidence. Such a record is evidence both in the police and in court.

Step one (general recommendations):

It is advisable to store all screenshots not only on the phone, but also in other places (on a flash drive, hard drive, printed) to avoid loss of evidence. Also, if you received a video with threats, then you need to download it and move it to another medium. Step one:

  1. If the threats were accompanied by physical violence, you must call the police, an ambulance, or go to the medical center yourself. For more information on what to do in case of assault, see here.
  2. Take all possible actions to find yourself in a safe place. If you have children or parents or other people at risk with you, you should try to get to a safe place together (to relatives, friends, etc.). If relatives, friends, acquaintances to whom you can go for a while are all accessible, then you can wait for some time (for example, until the morning) in a 24-hour cafe/bistro/gas station in your area. To do this, you need to study your area in advance in order to have an idea of ​​what 24-hour cafes there are near your home.
  3. If you cannot leave the premises, you must try to call the police, or call for help, ask neighbors, relatives, or people nearby to call the police. If you have been in a situation of domestic violence for some time, you need to write down in your phone the numbers of the police, relatives, crisis centers, and other numbers that you can quickly call and ask for help. It is also recommended to prepare a spare set of keys for the front door and hide it near the exit in case the aggressor interferes with your exit and takes away your bunch of keys. At any opportunity, when the aggressor is distracted, you can use spare keys.

Step two:

  1. Write a statement to the police. Get a sample: DOC / PDF.. For verification, you can send the completed application to our lawyer at
  2. Get him received by issuing a notification coupon at the police duty station.

Step three:

  1. Give an explanation to the police officer.
  2. The following information must be provided in the explanation and application to initiate a criminal case:
      date and time of the event (threats);
  3. the place where the crime was committed (in detail: at what address, in what room, who was there and where);
  4. description of the crime event (in detail: how exactly the threats were expressed, whether the offender had weapons or other objects in the hands of the offender that could harm your health or take your life, beatings (blows) were inflicted during the threats, in what part of the body, with what or in what part of the body, how many blows, how long the beatings lasted, etc.);
  5. 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);
  6. be sure to indicate that you perceived and perceive the threats realistically and why (for example: the threats were made during beatings or the use of other violent actions, the offender had objects in his hands that could cause harm, the aggressor had previously been convicted of violence, etc.).
  7. If an explanation (statement) is written by a police officer, demand that your explanations be written down verbatim, in detail, in full (without interpretation). If the police 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 in what way) distortion).

Step four:

If, even after contacting the police, the harassment and threats against you do not stop, you should write a statement about the application of state protection measures. Sample application here: DOC / PDF. To check, you can send a completed application to our lawyer at

Step five:

  1. The verification period for your application is 3 days, which can then be extended to 10 days. After the specified period has expired, the police must issue you a resolution to initiate/refuse to initiate a criminal case.
  2. If you refuse to initiate a case, contact the prosecutor's office or court with a complaint and present evidence that the likelihood of the threats being carried out is very high. A sample complaint can be downloaded here (DOC/PDF). To check, you can send a completed application to our lawyer at

Step six:

All this time, while the check is going on and beyond, try to organize your living space, taking into account all the safety measures that can be taken in your situation (don’t be left alone, if possible, live with your parents, relatives, friends; visit the local police officer and report your situation ; write down in your phone all the numbers where you can get emergency help: police, relatives, neighbors; if possible, warn everyone around you that you are being threatened, etc.).

Threat to teenagers

A minor teenager needs to be explained in advance what to do if you are threatened, where to turn in such a situation. Teens may be reluctant to talk about receiving threats. To avoid negative consequences, it is necessary to explain to the child how to act in such a situation:

  1. do not take actions that could provoke an attacker;
  2. avoid situations where the attacker may be left alone with his victim;
  3. immediately after the incident, inform adults about it;
  4. call your parents.

Having learned about threats to a child, parents must file a statement with the police about the crime with a request to understand the situation and bring the offender to justice.

First steps when receiving scary messages

Threats over the phone
What to do if you are threatened over the phone worries many citizens who, due to debts to banks, have become hostages of numerous unseemly promises from collectors.

By law, such messages in any form are illegal, but in practice, a collection agency that has purchased a debt strives to make money and return an amount that is sometimes much greater than the actual amount.

Employees of such institutions are not always correct; they use all sorts of methods of intimidation. Citizens who have been overtaken by such telephone punishment should take advantage of the following protection:

  • you need to take the initiative of the conversation into your own hands, warn the subscriber about the recording of the conversation, that intimidation can be regarded as extortion, which entails criminal liability
  • ask the caller to introduce himself by his full name and surname
  • announce the status of the employee, his position in the company
  • give the address, name of the institution on whose behalf the threats are being made, indicate contact information

The law obliges you to provide all the information listed above; it will help in the event of further messages of a threatening nature, contact law enforcement agencies with a correctly completed application.

Written threats

The applicant should preserve as many evidentiary traces as possible, leave the letter in the phone memory unchanged, and the recorded conversation will help in court.

If the ransomware tries to hide its data, then in our time there is no problem in determining the places from which the calls come and the owner of the device.

When letters arrive via mail, the correspondence must be handled with care, transferred without unnecessary traces to the prosecutor's office, attaching an envelope with eloquent contents to the petition for protection as evidence.

It is better to repay debts, not to lead to critical situations, and not to meet the creditor face to face.

If this happened, the person is unknown, and the debt was taken online, then you will have to carefully examine the offender in order to describe him in detail in your complaint. Threats made by loved ones should be recorded in every possible way. Courts do not accept unfounded allegations; in each case they require facts in the evidence base.

Threat to spouse

If a woman really fears for her life, then there is no need to tolerate such an attitude. You can turn to relatives and friends for help. Constant threats will be a strong reason for divorce.

When threats are made by an ex-husband, you can go to court to issue a ban on approaching the place of residence of your ex-wife and children. In any case, you can write a statement to the police so that appropriate measures can be taken against the person expressing real threats.

How to act and behave if you or your loved ones are threatened

A threat to life, health, well-being and business reputation is not a pleasant situation. Unfortunately, threats are now very common, and in reality almost everyone faces them. Where the conflict could have been resolved amicably and an apology made, the matter often ends more seriously. You may not only be threatened with physical violence or disseminate information discrediting your honor, dignity and business reputation, but also be shown dangerous objects or even weapons.

At first glance, threats for an unprepared person can be very scary. But it’s worth cooling down a little and thinking about how best to behave in this situation so that you and the people close to you don’t get hurt?

In order to figure out how real the threat of violence is from arrogant and unpleasant people who disturb your peace, and also to develop the right line of behavior, you should listen to the advice of lawyers. If you are receiving physical threats, you should not assume that the situation will resolve on its own. Timely protection is necessary to ensure personal safety for yourself and your loved ones. This article will talk about exactly where to look for protection from threats and prevent a negative development of the situation.

Where to go for protection?

In order to accurately determine the authority to contact, it is necessary to assess the reality of the threat. Perhaps your friend was just joking or in the heat of an argument expressed his indignation, without even thinking of scaring you.

Do not panic and act in the same way against the attacker. Know that if you yourself begin to make threats against another person, you can also become a defendant in a criminal case.

Police

The best option for insurance in such a situation is to contact the police.

The police are obliged to consider statements from citizens about threats they receive. After such a statement, a check must be carried out.

There were cases when the local police officer ignored the appeals of women, after which they became victims of a domestic tyrant. In this case, the district police officer will face dismissal and trial.

If the threat was not made in an emergency situation, you can go to the police station after the conflict and calmly write a statement against the attacker. They must give you a sample application and help you fill it out correctly.

The application must include the following information:

  • The name of the police department where the application is being submitted;
  • Applicant details;
  • If known, the details of the attacker;
  • The essence of the conflict and the threat expressed, indicating the circumstances of the crime;
  • Date and signature.

It is better to submit your application in two copies so that the office staff will mark your acceptance on the second copy. If the district police officer refuses to accept the application, you can complain about it to his boss or to the prosecutor's office.

When the conflict does not require delay, you should call the police and call the squad immediately. You should call 02 or the helpline of the Main Directorate of the Ministry of Internal Affairs. In Moscow this is the next number - (495) -250-98-10.

As a rule, crimes involving threats are initiated in this way. On the spot, when the police arrive, you will be asked to write a statement.

Very often crimes under Art. 119 of the Criminal Code of the Russian Federation are committed in the family, and especially often while intoxicated.

Court

After initiating a criminal case and conducting investigative actions, the material of the crime is transferred to the court . Both the defendant and the victim will be summoned to the court hearing, where they will be able to give their testimony and present evidence.

The victim cannot independently submit an application to the court to initiate a criminal case, since Art. 119 of the Criminal Code of the Russian Federation is not one of the crimes considered as a private prosecution.

To defend yourself in court and prove the guilt of the offender, you must adhere to the following recommendations:

  • Seek help from a lawyer;
  • Present witnesses to what happened;
  • Collect the maximum amount of irrefutable evidence (calls, correspondence, letters, audio or video recordings of threats);
  • Remove beatings if threats were made during the fight;
  • Collect a large number of negative characteristics about the culprit.

How can I get help?

Unfortunately, in everyday life, threats come not only from collectors and banks. Unscrupulous debtors do not always become the subject of moral and physical attacks; domestic terror is widely applicable and known, in which the stronger party often moves from threats to action.

This example is unpleasant, but perhaps a woman who is being bullied by her husband or cohabitant will be helped by calling the crisis trust center, they are accepted there 24 hours a day. In any case, in order to file a complaint with the police department or the prosecutor’s office, you need to collect the facts and prove that this is not the revenge of an offended woman for betrayal.

What to do according to the law if you are threatened - on video:

Statement of threat

The beginning of contact with law enforcement agencies begins with a correctly drawn up statement against the accused. In order to do this, you can contact a lawyer or try to draw up the document yourself. This is done according to the following algorithm:

  • The header indicates the name of the authority you are applying to. If the appeal is to a specific person, indicate him. The header also contains full information about the applicant - full name, place of registration and residence, passport details, etc.
  • After this, the text of the statement describes the circumstances of the incident, indicating the date and time of the incident (if possible).
  • If there were witnesses, then it is written about this, indicating the names and telephone numbers of people who are ready to confirm your words.
  • After this, you need to write that the threat had a real basis for such and such reasons. Here we indicate all the evidence that you have - you will need to attach it, for example, on a disk, flash card or other media. If this is a photo, you can print it out and attach it to your application.
  • The statement ends with a request to punish the criminal.
  • At the end there is a number of compilation and a signature.

Remember that you are responsible for providing false testimony in accordance with Articles 306 and 307 of the Criminal Code of the Russian Federation. Therefore, if your evidence is not accepted, you may have to face the charges. It is also best to indicate that you have been warned about this in the last part of the statement.

Possibility of pre-trial resolution

In some cases, the problem at hand can be resolved without litigation. If a citizen receives constant threats from a person known to him, he must contact the police. Sometimes warning an attacker about possible liability from a local police officer or other law enforcement officials can bring the desired effect.

Settlement in court

After contacting the police and carrying out investigative measures and collecting evidence, the case is sent to court. Both parties to the conflict will be invited to the court hearing. The injured party must present irrefutable evidence of the defendant’s guilt:

  • evidence;
  • witness statements;
  • audio or video recordings;
  • other evidence.

The accused may present evidence of his innocence.

How to prove a death threat?

  • If it turns out that you received threats without witnesses, and there is no direct evidence left, to prove it you need to arm yourself with characteristics of the criminal’s personality from neighbors, from the attacker’s employment.
  • The harmful habits of the threatening person, for example, alcoholism, will especially help. Often, even just the aggressiveness of a criminal in life can contribute to a conviction.
  • Witness statements may be provided as evidence.
  • If possible, use audio or video recording equipment. In the event of a collision on the street, it is better to communicate near the nearest surveillance cameras.

Methods of proving a crime has been committed

Depending on the attacker’s method of action, the appropriate option for collecting evidence of the crime committed is selected. If threats are made in person or over the phone, the best option would be to record the conversation on audio. If there were witnesses present when the threats were made, it is necessary to take their personal data and contacts.

It is important that they agree to confirm the fact of the crime to the police. In case of threats over the phone, you can contact your telecom operator and get a printout of incoming calls. When an attacker writes threatening SMS or messages in instant messengers, social networks must take screenshots of them and attach them to the application.

An investigation into the circumstances of the incident will be launched if police officers determine that the threat is indeed real. To do this, it is necessary to collect information and characteristics about the attacker. You can contact the criminal’s neighbors, the local police officer, or the administration of the organization where the citizen who is threatening works. If you have a criminal record, you must attach a certificate confirming this. If the collected data convinces police officers that the threats are real, they will take measures to prevent their implementation.

What awaits an attacker under the Criminal Code of the Russian Federation?

The court gives the parties to the conflict the right to make peace and terminate the criminal case. This requires that the defendant has no criminal record and that the victim agrees to reconciliation.

Often family conflicts end in reconciliation until one of them kills the other.

The following types of liability are provided for threats to kill or cause grievous bodily harm:

  • Mandatory work up to 480 hours;
  • Restriction of freedom up to 2 years;
  • Forced labor for up to 2 years;
  • Arrest up to six months;
  • Imprisonment for up to 2 years.

If the threats were made in the context of racial, political, ideological, national or religious hatred, the attacker will face a sentence of 5 years in prison.

You can also file a civil claim, either independently or as part of criminal proceedings, for compensation for moral damage. It is better to ask for more, since the judge will most likely reduce the amount claimed, which he has every right to do.

Lawyer in cases of causing grievous bodily harm and threats to kill

Preliminary FREE consultation!

Threats of murder or grievous bodily harm will be punished at a minimum by community service for up to 480 hours, if the motives for committing illegal actions were:

race;

nationality;

ideological views;

religious component (Part 2, Article 119 of the Criminal Code of the Russian Federation), a person suspected of threatening to cause harm to health faces imprisonment (up to five years) and forced labor. In both cases, the subject will be prohibited from holding certain positions, as well as from engaging in certain types of activities for a period of up to three years.

Call by phone and your rights will be protected at the highest professional level and in the shortest possible time

Assistance from a lawyer, consultation, legal support is an important component in legal proceedings in cases of personal injury.

Threat of causing harm to health, according to Article 119 of the Criminal Code of the Russian Federation, is punishable by up to two years of imprisonment.

If you have every reason to fear threats against you from third parties, to assume that the threat (to kill, beat, torture) may be carried out, do not hesitate to make a decision to contact law enforcement agencies.

Consulting a lawyer under Article 119 of the Criminal Code of the Russian Federation will help you understand the current situation and answer many questions that have arisen related to the characteristics of the actions of a person addressing threats within the framework of Criminal Law.

Any illegal act must be stopped at the stage of its inception; if there is such a possibility, it is imperative to act. In the country, the number of domestic crimes, domestic violence, domestic murders, torture would be 50-70% less if potential victims knew about their rights, received high-quality advice and support, and were informed about possible options for action aimed at suppression of attacks on life and health.

How to protect your life and health in court from outside attacks

The Criminal Code stipulates many acts that fall into the category of unacceptable and illegal. The threat of harm to health is no exception. It is unlikely that anyone will like words that hint or directly indicate the likelihood of causing bodily harm, and in the worst case, murder. There are many standard ways to solve the current situation that everyone can use.

If you have any doubts about resolving a specific situation, you can always seek qualified help from a lawyer!

When receiving a threat of murder or grievous bodily harm, a person experiences moral discomfort, realizing that he may suffer physically from the illegal actions of the threatening person.

The task of law enforcement agencies working on the basis of current legislation, including the Criminal Code, is to ensure the protection of citizens from attacks by specific individuals. The sanctions for these actions are serious, so the injured party can count on reasonable punishment for the threatening person.

Cost of a lawyer for grievous bodily harm and threat of murder

  • Drawing up complaints, petitions, statements
  • One-time visit by a lawyer to protect the interests of individuals

From 5,000 ₽

  • Representation of interests at the investigation stage, including familiarization with the case materials, preparation and submission of various petitions, statements, preparation and submission of a civil claim
  • Representation of interests in the appellate court, including preparation and filing of a reasoned complaint, participation in all court hearings.

From 20,000 ₽

  • Representation of interests in the court of first instance, including studying the case materials and participation in all court hearings

From 30,000 ₽

Actions of the injured party in the event of a threat of harm to life and health

The threat of murder or harm to health is one of the methods of mental influence. Intimidation is the main purpose of this act. The objective side of the crime will be the threat of harm to life and health or murder. It is very important to correctly determine the semantic component of the existing threat. If we are talking about the threat of kidnapping, violence, robbery, this crime will not have any relation to Article 119 of the Criminal Code of the Russian Federation.

In order for law enforcement agencies to accept the received application for consideration and proceed with the case under Article 119 of the Criminal Code with subsequent referral to court, certain conditions must be met:

  1. The threat must be specific.
  2. According to the Criminal Code of the Russian Federation, the threat of causing serious harm to health must be real.

Such “specificity” is important so that law enforcement agencies have a basis for opening a criminal case and its consideration/investigation. Any inconsistency of information received from the person to whom the threat was directed will not work in his favor. The application may simply not be accepted, and if accepted, the criminal case may be completed due to the lack of corpus delicti.

Therefore, if you do not feel confident in your own abilities, are emotionally exhausted, are poorly informed from a legal point of view, be sure to seek advice and help from a lawyer. A specialist will study your situation in detail, approach it individually, assess future prospects and help you draw up a statement to the police if you receive a threat of harm to life and health.

For information, you can get acquainted with the cost of legal services. Call by phone and your rights will be protected at the highest professional level and in the shortest possible time.

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Isolated cases of uttering threats

Threats can be made at work, at home or on the street. They can be carried out as part of the performance of professional duties or for reasons of hatred and jealousy. In each specific case, threats have their own characteristics.

What to do if collectors threaten?

Collectors are among the leaders in the number of threats expressed . They do not have the right to intimidate debtors; they are only obliged to remind them of the need to repay claims.

Since the law regulating their activities was introduced, the number of violations by debt collectors has decreased. But to this day they still meet.

If debt collectors try to break into your apartment, call the police . You need to immediately demonstrate to them that you know your rights and do not intend to forgive them for their lawlessness.

The victim has the right to issue a ban on the transfer of his debt file to a collection company.

What to do if you receive threats over the phone?

It is much easier to make threats over the phone than through direct personal contact. Finding an attacker through a phone is much more difficult. Criminals today use all kinds of voice changing programs and use untraceable SIM cards.

When you are harassed by phone, you need to follow the following algorithm:

  • Write a statement to the police and ask employees to track incoming calls;
  • If you are unable to track calls, simply change the number or add the subscriber to the blacklist.

Perhaps these are telephone hooligans, and after changing the number, no one will bother you anymore . Such violators do not care at all who they call with threats.

What to do if your ex-husband insults and threatens?

Family relationships, whether past or present, often give rise to serious conflicts, even criminal offenses. The victims in this case are often women and children.

What to do if a threat comes from your husband or father of your children? If your husband threatens you, you need to immediately stop such behavior. If you give in and endure humiliation, the threats will continue to come and will only get worse.

If death threats are accompanied by insults that have no relation to reality, the attacker can additionally be prosecuted under the article “Slander.”

This is a private prosecution case, which means you can file a lawsuit yourself without waiting for the police to act.

What to do if you receive threats on VK?

If you are threatened via messages on various social networks, you should immediately contact the police.

You will have in your hands irrefutable evidence of the attacker’s guilt - a printout of messages.

Law enforcement officers will later carefully study the criminal’s page and may find several more episodes of criminal acts.

Whether your husband or neighbor threatens you, whether your boss is a tyrant or an anonymous terrorist does not matter. All of them commit illegal acts and must be held accountable in accordance with current legislation.

Threats do not need to be encouraged with forgiveness, they need to be stopped by contacting the police, so as not to one day become a victim of a crime under Art. 105 of the Criminal Code of the Russian Federation “Murder”.

Where to go if you receive death threats?

You can submit an application to both the prosecutor's office and the police.

Step-by-step steps for contacting the police:

  1. Write a statement.
  2. Receive a notification ticket from the duty station.
  3. Within 10 days you will be given a decision to initiate/refuse to initiate a criminal case.
  4. If you are refused to initiate a case, contact the prosecutor's office or court to appeal the decision and provide evidence that the threat is likely to be carried out.
  5. If the judge does not consider a threat to life or serious harm to health probable, the aggressor can be held accountable in accordance with the Civil Code of the Russian Federation, since the right to private life is violated.

It is important to indicate in the content of the appeal that the threats of violence are not only real, but were also made to intimidate and morally suppress the victim. Without this, the case will be refused.

Important!

Refusal to consider a criminal case in the absence of a real threat is justified and legal.
However, the applicant has the right to appeal the refusal decision to the head of the investigative body, to the court or to the prosecutor in accordance with Chapter 16 of the Code of Criminal Procedure of the Russian Federation
.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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Questions for lawyers

Death threat

Hello, I have the following question: My brother was in prison under Article 111 Part 4, at the moment he has served his sentence and now he directly tells me that he will kill me, I am very afraid because I know his character regarding what I told him, I will go to he answers the police, I’m not afraid of prison, but if they put me in prison, I’ll do my time, and when I get out, I’ll find you and kill you. By the way, he was released on parole, his sentence hasn’t ended yet, please help me, in my situation, I don’t know what to do? Thank you!

Lawyers' answers

Krasilnikov Alexander
Hello, Victor! If there are real reasons to fear that the threat will be carried out, you need to report the fact of the death threat to the nearest Police department. Within three days a decision will be made to initiate a criminal case. It is advisable to state in detail the circumstances of the threats in a message about death threats, as well as provide an audio recording of the threats (if any).

Threat to life and police inaction

Hello. A neighbor from the top floor threatened me on the phone at night (2.00), sends threatening SMS, walks around the entrance, throws objects from the window. Threats - I will kill, imprison, blow up (damage) the car, he said several people will rape me. I have a daughter, my neighbor is provoking my husband. The reason for the threats is that I do not give him a bank certificate, he is selling an apartment (I am in a HOA), he has a debt. I contacted to the district police officer, wrote a statement, the district police officer promised to resolve the issue. 5 days have passed, nothing has changed, only worse... All the wheels are cut, the car is scratched, threatening calls and SMS continue. What should I do?

Lawyers' answers

Ryganov Igor

You need to make sure that the local police officer has registered your application and that an actual check is being carried out on it. To do this, contact the district police officer so that he provides the KUSP number, or any other registration data, namely the KUSP. You can go to the police duty station and find out there whether the local police officer has registered your application. Another option is to submit a written application requesting information about the results of the verification of your application. If your car is damaged, contact the police and file a report. For every death threat, contact the police. A decision on a criminal complaint is made within 3-10 days. You need to wait for the test results. You must be notified in writing and sent a copy of the decision. Further actions based on the procedural decision made by the district police officer on your application. Don’t forget, you need to contact the police for every fact of any illegal action of a neighbor against you, and not accumulate events and worry.

Threat to life

A drunk neighbor burst into my private house with an ax (he had been convicted several times) and threats of murder. I grabbed the ax and tried to pull it out of his hands. After a short struggle, I pulled it out and hit the attacker on the head with the butt, after which I drove him out of the house. He came again, this time with a knife, and cut my hand. A case was opened against him based on my statement. He wrote a statement in response. What do you think will happen, this is an excess of self-defense?

Lawyers' answers

Molodtsov Konstantin

Hello, because... he was armed and threatened to kill you; I think you did not exceed the limits of self-defense.

Guguchkin Alexander
In your case, an encroachment committed by a neighbor with penetration into your home can be considered unexpected, when you, as a defending person in a state of fright, were unable to objectively assess the degree and nature of the danger of such an encroachment. So, stand your ground, there was no exceeding the limits, as colleagues noted. Now, if you caused his death, that’s a different story, but not like that. Sincerely.

How to Determine Threats May Be Committed

The reality of the threat will be established if the victim has concerns that the attacker will be able to carry it out. Then such an act will be considered a crime. If threats were made that could never be implemented, then such acts will not be investigated by law enforcement agencies.

This is the biggest problem with such crimes. To determine whether the threat expressed is a criminal offense or not, the following criteria are taken into account:

  • the form in which the threat was expressed;
  • its content;
  • the nature of the statements;
  • the place and circumstances in which the threat was made;
  • the presence of relationships between the parties to the conflict until the intention to cause harm to life and health is voiced;
  • personal characteristics of the attacker.

In criminal law, all types of threats are divided into two categories:

  1. objective. Attackers can bring them into reality at the moment;
  2. subjective. Threats are aimed at psychologically influencing the victim, but are accepted by him as reality.

If the attacker did not plan to carry out his threats in the future, but the victim accepted the expressed intentions as real, then the elements of a crime in such acts will be established.

What to do when you receive threats?

What to do when you receive threats? The first thing you need to learn in such situations is that you need to act immediately. After all, as mentioned above, the criminal can take action at any moment.

If someone tries to intimidate you, you need to contact the police as soon as possible. We do not recommend entering into conflict or making threats in response. Otherwise, a police report may be filed against you.

The police are obliged to consider such a statement and carry out an appropriate investigation. If you were threatened not in an emergency situation, then you can not rush to call 02, but visit the police station after the conflict, where you can write a statement. They should provide you with a sample document and help you fill it out.

We recommend writing the application in two copies. On both copies, office staff must put a mark indicating that the application was accepted. If the police officer refuses to accept the paper (and they should not do this), you can contact his immediate superior or the prosecutor's office with a complaint.

Algorithm for writing an application

The threat statement is written in a formal style. It is advisable to avoid mentioning obscene language and personal assessment of the offender’s actions. But at the same time, it is recommended to write in as much detail as possible about the circumstances of the crime and the harm caused to the injured party.

The document must be drawn up according to the established algorithm and contain three conditional blocks (header, statement of circumstances, conclusion). If you write a statement in any form or miss an important point in registration, at any stage of the investigation the victim may be denied consideration of the case.

However, any person who adheres to the rules set out below can draw up a legally correct statement and it is not necessary to contact a lawyer for this.

Punishment for threats

After considering the application and if there is sufficient evidence, law enforcement officers make a decision that a crime has occurred and begin the paperwork within 3-10 days. Threats are considered a minor offense, so the punishment for threats of physical harm is also not harsh. The maximum that can be sentenced to the perpetrator is 2 years in prison.

  1. The header of the document indicates the full name of the authorized body (police department or prosecutor's office), full name and title of the head of the department (chief of police, prosecutor), full name, address and contact information (telephone number) of the applicant. Information about the manager can be found by calling the department or directly on site when submitting an application.
  2. The main part of the document contains a detailed description of all the circumstances of the case:
    1. who, how, when and in what form carried out the threats,
    2. content of threats,

  3. evidence of threats that the victim has,
  4. a measure of punishment that, in the opinion of the victim, will be sufficient to stop the threats.

It is advisable to tell in the statement about all the important circumstances of the offense, since the document will be returned to throughout the consideration of the case. But the information contained in the application must be brief and to the point. Personal assessments, experiences and unimportant details should be omitted from the text, and only the forms and content of threats, the time and method of their implementation should be described.

  • In the conclusion, you should indicate a list of attached documents that can serve as evidence, as well as put a personal signature and the date of drawing up the application.
  • A sample application to a district police officer can be downloaded by clicking on the link below.

    The rules for writing and filing a police report are outlined in the following video

    What measures to take when you need to act immediately?

    What to do when the conflict in which you are threatened takes very serious forms? You should call number 02 or the helpline of the Main Directorate of the Ministry of Internal Affairs. In response to such a call, the police must send a squad to your address. After they arrive and end your conflict, you will be asked to write a statement. Most criminal cases under Article 119 of the Criminal Code are initiated precisely after the police arrive at the scene of the conflict.

    After the investigation is completed, the case is transferred to court. Both parties to the conflict will be called to a meeting where they will give their testimony, witnesses will be interviewed and evidence will be considered. The injured person himself cannot apply to the court, since such cases are not among the offenses that can be considered as a private prosecution.

    The judge may give the victim and the defendant the right to reconcile and dismiss the case. This will be possible in a situation where the accused has not been previously convicted, and the victim agrees to reconcile.

    Also, in the framework of such a case, you can also file a civil claim for compensation for moral damage. You can file such a claim separately. In such situations, it is better to ask for a larger amount of compensation, since the judge may reduce it.

    What to do when you receive various types of threats on the Internet or by phone?

    You can be intimidated not only at home, on the street or at work, but also on the Internet. What to do if you are threatened, for example, on social networks?

    As with other cases of bullying, you should contact the police. But before you go there, you will need to take screenshots of the scary messages, print them out and save a link to the offender’s account. Law enforcement officers will figure out what steps to take next.

    What to do if you are threatened by phone? Many attackers believe that it is easier to intimidate people with calls, because it will be more difficult to find them. But more difficult does not mean impossible.

    If you receive such unpleasant calls, the first thing you can do is change your SIM card and blacklist the offender’s phone. Perhaps the calls were coming from regular phone scammers, and after you change your phone number, this will stop.

    If the calls came to your home phone, then, as in all other cases, you should contact the police, write a statement and ask them to track the caller.

    How to respond to threats in conversation?

    This is a threat, the definition. How to respond to threats in conversation? Why is threat good for a person in certain circumstances?

    Hello negotiators!

    Block 1. Threat. Examples.

    Often, threatening actions are just manipulation on the part of the opponent. Let's look at two short dialogues.

    Dialogue 1

    Mother:

    “If you don’t wash the dishes now, I’ll take your tablet away and you’ll lose your Minecraft.”

    Teenage son:

    - So what, you’ve had enough of it already, don’t care, wash your own dishes, I won’t wash anything else at all.

    Dialogue 2

    Creditor:

    — If you fail to repay your financial obligations according to the schedule before the new year, the entire amount of the debt will be automatically collected from you in court. Do you understand the consequences of this well?

    Debtor:

    “I don’t like your words and I don’t like it when people talk to me so rudely.”

    As can be seen, both in the first dialogue and in the second, threats were used by each participant. In the second dialogue, the debtor used an evaluative threat. All others used specific threats.

    Block 2. Threat. Definition.

    A threat is a previous physical or virtual event that is assessed as the cause of the loss/non-receipt of the target meta-resource by the target subject.

    A threat is a movement towards the finish point, towards a consequence, towards a problem, towards punishment, towards coercion, towards non-profit, towards non-goal, towards an obstacle, towards loss. The threat always precedes the event. The threat is the reason. What is important in negotiations is that the threat causes pain to the target.

    Block 3. Threat. How do you deal with threats?

    What is the wrong way to deal with threats in negotiations?

    The mistaken attitude on the part of the target person to threats in negotiations is to ignore the threat itself. Of course, when they threaten to cripple, no one will ignore such a “fun” event, however, there are 5 key forms of threats and the first three of them: sensory, emotional, evaluative , are not perceived by many as obvious threats, which they are not, but presenting This class of implicit threats is not inferior in their impact to explicit ones in advanced negotiations.

    Any arrogant attitude towards a threat, even if it is expressed in negotiations by “pathetic plankton,” reflects the short-sightedness of the recipient, even if his status and leverage are incomparably more powerful. Why? Because we live in a world with a colossal number of N-unknowns, we live in an extremely complex and confusing world, where the balance of power can change at fantastic speed. And yesterday’s “worthless little man”, endowed with power with the help of firearms, bladed weapons, significant patrons who have appeared, or an underestimated own mind, will move the scales and implement the threat, causing significant damage to the target person in the short term or long term, measured in years.

    How to deal with threats in negotiations?

    Is it good or bad when a threat is used against you? At first glance, there is nothing good about this; who will be pleased when you are threatened if you are not a masochist? But only at first glance. For a negotiator, a threat directed against him is an important and valuable event. Yes, it’s not pleasant, but is it pleasant to inject yourself with medicine when you’re sick? No, of course, but we understand that medicine is simply necessary, it will save us from more severe consequences. In the same way, a threat in negotiations avoids much more dire consequences.

    A threat is a humane way to prevent a tragedy.

    Threats in negotiations, expressed in words, give rise to a future virtual reality. The target person can believe in this reality or reject it, but in any case, this is an opportunity to understand the model of the virtual world of the person who is the source of the threat, who, in turn, can bluff or, on the contrary, fanatically believe in his own words, even if they are “Hollywood” for others template" in the style of "a la great American heroes against alien villains."

    The correct attitude to threats in negotiations lies not in the desire to immediately punish the “offender and aggressor,” which is exactly wrong, but, first of all, in the ability to cope with one’s overheated emotions, in the ability to effectively pacify one’s own “frightened animal” that is ready to attack , fleeing or freezing. Self-government is achieved by shifting the focus of one’s attention to the study of the source of the threat, distant prospects and consequences, and comparison with one’s own horizontal strategic goals.

    How to do it? You will find out in the following articles!

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