How to write a statement about threats in 2021? Legal advice on criminal law

A statement of threats can be filed with the police or prosecutor's office, although without much hope of initiating a criminal case against the attacker. In any case, such a statement can be an effective way to suppress illegal actions. Files in .DOC:Threat statement formSample threat statement

Types of threats

In fact, the scope of threats is much wider than is commonly understood. The Criminal Code of the Russian Federation provides for liability only for threats to life or health. However, there is an equally significant layer of threats relating to the dissemination of personal defamatory information or damage to property, which is ignored by criminal law, although the Criminal Code of the Russian Federation provides for liability for completed (committed) acts of this type.

That is, there is criminal liability for the intentional destruction of property, for slander, for incitement to suicide, but there is no provision for liability for threats to commit these actions.

This is a serious lacuna in the legislation, since the initiation of a criminal case in connection, for example, with threats of slander, could prevent a large number of crimes, including the crime provided for in Article 110 of the Criminal Code of the Russian Federation (incitement to suicide).

However, at the moment the Criminal Code of the Russian Federation contains only Art. 119, which provides for liability exclusively for threats to life or threats of causing serious harm to human health.

What threats are punishable?

If one person threatened another, his actions will not necessarily become the subject of a criminal case. The application will be accepted from the victim who was promised to be deprived of his life or physical health.

The Criminal Code of the Russian Federation only covers threats that indicate the possible infliction of grievous bodily harm. The last concept includes the following:

1. disablement;
2. facial disfigurement;
3. causing traumatic brain injury;
4. organ loss or complete dysfunction.

It is important to distinguish between a threat to kill and an attempted murder. These compounds are differentiated by the motives of the criminal. For example, if a person held another person at gunpoint, but never fired, the case falls under Art. 119. If he did not take the life of his victim only because neighbors rushed to help, this is attempted murder.

Signs of a crime

Disposition Art. 119 of the Criminal Code provides the main sign of a threat to kill or cause harm to health, necessary for its qualification as a criminal offense, namely the sign of reality, that is, the presence of grounds to believe that the threat is feasible.

This is precisely the main difficulty in bringing an attacker to justice. In fact, there is not a single reliable sign by which the threat can be considered real. And this is precisely the explanation for the weak effectiveness of this article.

Suppose that a death threat comes to an ex-wife from an ex-husband in connection with a dispute between them over the division of an apartment. If we hypothetically imagine that the ex-husband was previously convicted of murder, there is reliable information that he tried to break into his ex-wife’s house several times with an ax and, moreover, is registered as a drug addict, then, of course, the threat can be regarded as real.

But, as a rule, such a set of signs is rare in real life, and threats to kill much more often come from completely law-abiding citizens, and there is not a single criterion by which empty threats can be differentiated from real malicious intent.

Perhaps psychological or psychiatric examinations could shed some light on intentions, but it is impossible to force a citizen to undergo it without first initiating a criminal case.

The very fact that the victim has reason to fear for his life and health will not be a sufficient basis for criminal prosecution of the attacker, since fear is a subjective sign, and the accusation can only be based on objective evidence.

How to prove the fact of a threat

Since cases under Article 119 of the Criminal Code “Threat of Murder” are initiated in a private-public manner, that is, the victim himself is the prosecutor, and not the prosecutor, then the collection of evidence lies entirely on the shoulders of the victim.
To bring an attacker to justice, you need to have strong arguments. The following evidence may be accepted as evidence by the court:

• screenshots of correspondence on social networks;
• printouts of SMS correspondence containing threats;
• threats recorded on a tape recorder;
• recordings of telephone conversations;
• video recordings;
• photographs of threats written on walls.

Some of the most important evidence can be the testimony of witnesses. And if there are no eyewitnesses, then you can get a description of the attacker from your neighbors. If it is impartial and it states that the criminal was drinking and behaved aggressively, all this will be taken into account by the court and will “play” in favor of the victim.

Should you contact the police?

Any application from citizens to law enforcement agencies is subject to verification, even if the verification is formal. Sometimes even this formal verification is enough for the threats to stop.

Therefore, a statement about the fact of threats must be written, even if the victim is sure that the threats are not real. The fact is that the procedure for verifying citizens' appeals in cases allegedly relating to crimes committed includes a mandatory interrogation of the person accused of making threats.

Even without grounds to initiate a criminal case, a police officer will issue a warning to the attacker about the inadmissibility of threats.

To a certain extent, this is due to the caution of law enforcement officials, since if threats are carried out, the material at the victim’s request will certainly be raised and studied. This means that a police officer who does not check all the circumstances of the application will be punished very severely.

Thus, even a seemingly hopeless statement of threats will be checked by the police with the utmost care. In most cases, the very fact of verification will be enough for the author of the threats to stop illegal actions.

Moreover, if the threats were accompanied by other illegal actions, for example, insults or hooliganism, then, depending on the consequences of these actions, an administrative or criminal case may be initiated.

Let's imagine this situation. The attacker shouted threats in a public place, threatened the victim with a stone, insulted and pushed him. For the police, these are sufficient grounds to bring him to administrative responsibility for petty hooliganism. If, as a result of the tremors, the victim falls and is injured, then it is quite possible to initiate a criminal case.

That is, although the victim may be denied his request to initiate a criminal case under Art. 119 of the Criminal Code of the Russian Federation, but the attacker himself may well be punished, albeit for committing another crime or offense.

How to submit

Whatever happens, you will need to report it to the authorities authorized to deal with such matters.

To the police

A statement to the police that you are receiving threats must be clearly formulated and written as part of official communications to authorities and law enforcement. Unfortunately, anonymous complaints cannot be considered by any of the authorities.

It is better to submit a statement to the police in person, although there are other effective ways - send it by registered mail, use the government services portal, or submit it through an attorney (who has a power of attorney from you).

The application is submitted to the local law enforcement agency - at the place of your registration in the Russian Federation. Otherwise, you will have to wait longer for a response until the request is redirected to its destination.

Through the public services portal, a submitted application is legally equivalent to a paper one - the submission form can be found by logging into your account on the portal and selecting “Appeal to the Ministry of Internal Affairs”. Contacts of local police departments can be found on the website, in the section of territorial offices.

To the prosecutor's office

The police may ignore your report of receiving threats because they will assume that no crime has been committed. This is unlawful, even if the threat received was isolated or frivolous. At the same time, many fall into despair when they receive a rejection from the police. Don’t be afraid, there is also the prosecutor’s office - you should go there if you really believe that they are threatening you for a reason and are going to repeat their threats in life.

The application is submitted in the same way as to the police - you just need to change the addressee at the beginning of the text. Instead of the police department, it will show the address, name and full name of an official from your local prosecutor's office. You can submit a complaint in the same way as a police report: in person, through Russian Post or online.

Unlike the police, the prosecutor's office will seriously check whether there is a violation of your rights as a citizen of the Russian Federation. At the end of the inspections, you will be sent a response letter, which will indicate what measures have been taken, what you can do next, and whether your concerns are legitimate.

Special credit

The fact that the Criminal Code of the Russian Federation does not provide for the possibility of prosecution for threats of a type other than murder or injury to health cannot limit the right of a citizen to contact the police if any threats arise.

Let us especially focus on threats of dissemination of defamatory information or threats of destruction of property, the authorship of which in recent times often belongs to collectors.

Such threats should not be tolerated, moreover, if they cause significant harm to a person’s normal life.

Writing on walls and cars, making threatening calls - all this is an offense that can lead to the revocation of the collection agency's license. Therefore, statements about illegal actions of debt collectors must be written.

Sample appeal to the police: threat to life from husband

Threats are a specific crime. And sometimes law enforcement may consider a complaint to be unfounded and frivolous.

There are many reasons why an appeal can be ignored - this is a single case of appeal, a suspicion that the “victim” is trying to make a false denunciation, and insufficient evidence. If you find yourself in such a situation, there are several more ways to pay attention to your problem:

• write a statement to the prosecutor's office;
• make an appeal to the Ministry of Internal Affairs through the State Services website.

An application to the prosecutor's office is drawn up according to the same procedure as to the police. The form and structure of the appeal are no different.

Evidence will help both them and you in court.

• File a complaint with the police - describe everything in detail, refer to 119 of the Criminal Code of the Russian Federation. Expect a criminal case to be filed.
• If you can’t get things done, leave. Ask your friends to help you. Do not tolerate this attitude - it will never get better!

Danger to your life, and also a promise to deprive you of it, are covered by Article 119 of the Criminal Code. Accordingly, any threat against you is a crime for which criminal punishment is provided.

Threats can be part of other crimes, or isolated cases that stand apart. In any case, the article of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm” comprehensively explains the position of the law regarding the occurrence of such situations.

Thus, threats to life are divided into:

• Driven by hatred of various types - from political to sexual;
• Having evidence or grounds to consider them potentially feasible to the victim.

In the first case, the law gives a very severe punishment that has no “ramifications” - 5 years of forced labor or imprisonment.

In the second, the person threatening you can receive:

• 2 years of restriction of freedom, forced labor or imprisonment;
• Six months of arrest;
• 480 hours of community service.

The indicated numbers are the upper “limit”. The terms and nature of the punishment themselves will depend on other factors such as the frequency, severity or thoroughness of the threats.

In either of the two cases, threats must be tested for:

• Their reality;
• Their feasibility;
• There are sufficiently compelling reasons to fear such actions.

If all these conditions (or one of them) are met, you can contact government authorities for the protection of citizens. Frivolous threats cannot be considered by these authorities as a potential criminal case.

Threats are subject to criminal liability according to the law. This is determined by Article 119 of the Criminal Code. Sometimes such a crime accompanies another, for example, extortion. In this case, the article on extortion applies, and threats are qualified as circumstances of the case.

As for Article 119, it includes two types of threats:

• Those of them that cause grounds for fear of carrying out threats. Punishment for them can be 480 hours of community service, six months of arrest, as well as two years of forced labor, restriction or imprisonment;
• Threats based on hatred on racial, national, religious and other grounds. In this case, the punishment is harsher - up to 5 years of forced labor or imprisonment.

It is important to understand that only if there is evidence of the reality of threats, you can receive protection from the law enforcement system. If there are no grounds for fear, then there will be no criminal case.

If a person learns about an impending crime involving a threat to the health or life of another person, he is obliged to report this to law enforcement agencies. In this case, the statement is written in free form and submitted either to the police or to the prosecutor's office.

It is important that all known information is described in it. And also, when submitting, it should be noted that this is an urgent application that needs to be considered first.

This is the only type of application that is accepted from anonymous individuals. This is due to the need to protect the applicant from possible persecution, and also to the fact that this type of statement cannot slander a person, since the crime has not yet been committed.

This provision directly stipulates that the threat of murder or infliction of grievous bodily harm on the victim constitutes an independent, separate crime. In order for a criminal case to be initiated, it is not necessary to file an application - such cases are not of a private nature in the legal sense and are initiated upon discovery of the relevant offense.

Example No. 1. Neighbor Petrov I.I. and Makarov A.T. They quarreled in the courtyard of an apartment building, after which Makarov took Petrov by the throat and began to choke him.

There were witnesses in the yard who saw everything that was happening and called the police.

The local police commissioner who arrived at the scene found out all the circumstances, as well as the fact that Petrov and Makarov had reconciled, they were already drinking alcohol together.

Moreover, Petrov flatly refused to write a statement against his drinking companion, believing that without this document there would be no case.

The case was initiated, but later, when considered in court, the parties reconciled.

Indeed, this article provides for the possibility of reconciliation according to the general rules of criminal law:

1. the harm to the victim is compensated (this can be not only compensation in monetary terms, but also simply an apology);
2. a person who is brought to justice under Article 119 of the Criminal Code of the Russian Federation has no criminal record.

We suggest you read: For what debt can a car be seized?

Reality of threats

This is one of the most basic criteria by which qualifications are determined. There is some nuance here - the main thing is that the victim perceives the intimidation as if it could actually be carried out. The circumstances in which threats are made can help determine whether the victim was aware of the seriousness of the statements or not.

The reality of intentions to harm or kill may be indicated by:

• the use of weapons, as well as any objects that can be used to carry out physical violence. These could be brass knuckles, bats, stun guns, just heavy household objects, etc. It is not necessary to use them - for liability it is enough to demonstrate such objects in front of the victim and at the same time threaten;
• actions that directly confirm the words: strangulation, beating, etc.

It must be understood that even if there is testimony from the victim about the real perception, there must be an objective assessment of the situation by the police.

Example No. 2. During the quarrel, the husband pressed his wife against the wall, squeezed her neck with his fingers and said, “I’ll kill you now.” Since the husband was in an extremely aggressive state, highly intoxicated, and was squeezing his neck with force, the woman thought that she would actually suffer at least serious harm to her health. The man was charged under Art. 119 of the Criminal Code of the Russian Federation.

Example No. 3. While drinking alcohol, two workers at a construction site came into conflict, during which Petrov V.V. stated to Sidorov R.O.: “I would kill you now, but I don’t want to go to jail for this.”

Since the phrase was thrown during a quarrel, without touching Sidorov R.O., without using any means, in initiating a criminal case under Art.

119 of the Criminal Code of the Russian Federation was refused by the investigator due to the lack of grounds to consider the threat expressed as real.

As we see, in example No. 2 it can be objectively stated that there is a real danger to the victim; in the third example there is no such objective data, although the applicant believes otherwise.

Victim's opinion

To qualify under Art. 119 of the Criminal Code of the Russian Federation, it does not matter whether the perpetrator really wanted to carry out the threat - the important thing is that the victim believed in its possible implementation. At the same time, the person being held accountable must understand that the situation is perceived by the victim as dangerous.

Example No. 4. A group of drunken men practiced throwing knives at a makeshift target that had been set up on a tree.

A young guy passing by, a college student, interested the leader of the company, who began loudly inviting the guy to become a living target for everyone instead of a drawn circle.

The guy refused, but at the same time he was very scared and perceived the leader’s words as an obvious threat, especially since the words were reinforced by the fact that they dragged him to a tree and tried to tie him.

A guilty verdict was passed against the guilty person, who was the leader in the group of men, under Art. 119 of the Criminal Code of the Russian Federation.

During the trial, the culprit explained that he did not want to cause any harm to the boy, he just decided to joke.

Contrary to this position, the court took the subjective opinion of the victim as a basis, regarded his testimony as truthful and passed a guilty verdict.

Along with verbal threats, criminals often cause bodily harm to the victim.

Sometimes this is done to convey to the victim the reality of intentions; in other cases, such actions are simply consequences of the actions of the perpetrator (for example, marks from an attempted strangulation).

Bodily injuries are classified under an ideal set of crimes - under two articles of the Criminal Code - for example, under Article 119 of the Criminal Code of the Russian Federation and 116 of the Criminal Code of the Russian Federation (beatings).

Example No. 5. A previously convicted man had a long-standing conflict with his elderly mother over an apartment (the woman evicted her son from her home while he was serving a prison sentence). One day, after drinking a large amount of alcohol, the son, in a fit of anger, began to push a gag into the elderly woman’s mouth, with the words: “I can’t wait for your death, now I will help you go to the next world.”

Threat confirmation

Of course, the facts of the threats must be confirmed. The following may serve as confirmation:

• audio and video recordings;
• any written evidence, planted notes, emails, SMS, photographs of inscriptions on the door to the apartment or on the windshield of the car, etc.;
• witness's testimonies. Let us clarify that there are no restrictions on witnesses, and they may well be members of the victim’s family;
• printouts of incoming calls, if they indicate calls from the attacker’s phone number.

What to do if you are threatened?

If you are threatened with deprivation of life or health, do not panic. Begin collecting evidence to accompany your police report. Their roles may include:

1. video and audio materials;
2. recording telephone conversations;
3. screenshots of correspondence on the Internet;
4. photographs of threatening inscriptions, etc.

Judicial practice shows that the easiest way to expose a criminal is to bring witnesses. Their testimony will help law enforcement agencies understand the situation both at the stage of the preliminary investigation and in court.

When all the necessary materials have been collected, head to the police.

Where to contact

You should not unnecessarily burden yourself with questions of jurisdiction. The fact is that law enforcement agencies are a single system, regardless of department.

Therefore, a statement of threats can be submitted:

• district police officer;
• the duty officer of the district police department;
• duty officer of the Department of Internal Affairs;
• to the Ministry of Internal Affairs;
• to the district, city, regional or general prosecutor's office.

In any case, the application will be forwarded to its destination precisely to the body authorized to consider applications of this type.

Note that sometimes sending an application to a higher authority is an effective way to achieve special attention to the application in a lower authority. This is due to the fact that when the application is forwarded to the primary law enforcement agency, a higher authority takes control of the application.

This means that in the covering letter, the higher authority will require the lower one to consider the application within a timely manner and notify them of the measures taken.

The prosecutor's office has the right to independently examine allegations of threats without forwarding them to the police. In this case, the assistant prosecutor will conduct an investigation and, if necessary, order the police to take additional measures.

The application can also be submitted online on the State Services website by accessing.

How to report threats? Procedure for 2019

In 2021, the victim has the right to file a statement about threats to any territorial body of the Ministry of Internal Affairs - regardless of his place of residence or the place where the crime was committed. You can find the address of the nearest police department on the official website of the Ministry of Internal Affairs of the Russian Federation.

On the accepted application, the police officer must indicate the date and time of its receipt, his position, initials, surname and certify this information with a personal signature. After this, the applicant is issued a document on acceptance of the application indicating information about the person who accepted it, as well as the date and time of its acceptance.

Application form

For law enforcement agencies, the form of citizens' applications does not matter. That is, the application must contain information about the applicant and a description of the event in connection with which the application was written. All other information will be clarified by the police officer or prosecutor during the consideration of the application.

Since threats can be regarded as information about an impending crime, the statement of threats can be anonymous. However, it should be taken into account that without clarifying all the circumstances from the applicant, the already small chances of initiating a criminal case will turn into nothing. That is why we recommend not to take the wrong steps, but to write a statement on your own behalf, without hiding behind anonymity.

The victim does not even need to know the author of the threats, since searching for attackers is the responsibility of law enforcement officials.

You should not believe Internet sources that scare the reader by saying that an “incorrect” application will not be accepted for consideration. Law enforcement agencies accept all statements, regardless of how they are written. This is the essence of the system of legal protection of citizens.

Ideally, the application should be accompanied by evidence confirming the existence of threats. But even if you don’t do this, it’s okay. The law enforcement officer who will consider the application will definitely ask about the evidence of the author of the application.

Application rules

In order for the police to quickly eliminate the danger, find the culprit and bring him to justice, it is necessary to set out in detail all the circumstances of the threat in a written statement. This document is drawn up in any form, but must contain a number of mandatory points:

• information about the applicant, indicating passport details and contact information;
• information about the person who made the threat (if the identity of the offender is known to the applicant);
• the circumstances under which the threat was made - the date, time and place of personal contact, receipt of a letter or telephone call;
• what the threat was, its reality for the applicant (for this you need to accurately reproduce the oral or written message of the violator, describe the nature of his actions and behavior);
• a link to evidence supporting the applicant’s arguments (written documents, audio and video recordings, a list of information about witnesses, etc. must be attached);
• please check the facts stated in the application and initiate a criminal case;
• date and personal signature of the applicant.

Anonymous statements are not grounds for conducting a pre-investigation check or initiating a criminal case. Therefore, you must indicate your real data in your application. To verify the applicant's identity, the police will require to present a passport.

Further actions will depend on the circumstances of the threat:

• if the person making the threat was detained after calling the police, he will be recognized as a suspect in a criminal case;
• if the identity of the threat is unknown, operational search activities will be carried out (for this purpose, surveillance of the victim’s home, monitoring of telephone calls and messages on the Internet, and other methods may be established);
• if the threat was aimed at causing minor harm to health, no criminal case is initiated, and the applicant can use the option of civil or administrative protection (for example, to recover moral damages for insult or demand punishment for hooliganism).

Using the registration coupon issued upon receipt of the application, you can control the timing and procedure of the pre-investigation check. If the police unreasonably refuse to accept a statement or do not take measures to protect the victim, you can file a complaint with the prosecutor's office.

Worrying about the possibility of bodily harm or murder causes mental anguish. Every Russian has the right to write a statement to the police about a threat to life and health, a sample of which is on the information board in the department.

Law enforcement officials are required to verify the facts stated in the document and take measures to protect the citizen if they are true.

Contents of the statement

For a statement to the police, there are several structural components that it is advisable to include in the text, namely:

1. name of the authority to which the application was sent;
2. Full name (or name for legal entities) of the applicant, his address and, if possible, data for quick communication, for example, telephone number or email. This component is not mandatory, that is, the application will be accepted even if it is anonymous;
3. description of the event. In this part, it is advisable to communicate the threats and their type as concisely as possible. If the applicant knows the author of the threats, then his information should be indicated. If it is unknown, it is advisable to indicate at least some information that will allow it to be identified. If there is no information, then this will not be an obstacle to applying;
4. description of related actions. Let us remind you once again about the low chances of initiating a criminal case based on threats. That is, if the actions of the attacker, in addition to threats, also contained other illegal acts, be sure to write about this in the application or report it when selecting explanations;
5. list of attachments, if they are attached to the application. Let us remind you once again that this is also not a mandatory condition;
6. date of application and signature of the applicant.

After filing an application, the victim will necessarily be summoned to the law enforcement agency to provide explanations on his application.

How to draw up and submit an application

The law allows for crime to be reported in writing or orally. For example, when faced with an open threat, you need to immediately call the police - a report of a potential crime will be registered, and employees of the Ministry of Internal Affairs must go to the scene to prevent illegal actions.

If you come to the police department with an oral report, you will be asked to write a statement on the spot, or oral testimony will be reflected in the procedural protocol. Then the statement or protocol will be registered in the KUSP (Crime Reporting Book), and you will receive a ticket with a registration number. If there is evidence of a threat, it must be presented immediately when submitting an application (this will allow you to quickly and objectively assess the nature of the threat and take measures to protect you).

If a task force was dispatched based on an oral report, your testimony will be recorded in the protocol after the immediate threat has been averted.

If the threat was not made in personal communication with the offender, or you did not call the police, you must complete and submit a written statement. It cannot be submitted by mail, as the applicant’s identity, passport and registration data will be checked.

Let's look at what needs to be indicated in the text of the application in order for it to be accepted and registered with the police.

Evidence base

Law enforcement agencies do not consider unfounded complaints, so any such statement must be supported by appropriate evidence. And the more of them the victim collects in preparation for contacting law enforcement agencies, the easier it will be to initiate a criminal case, as well as receive monetary compensation, if this is one of the specified requirements.

The main task of a citizen who receives threats to life and health is to react correctly and record such facts. And although it all depends on the conditions under which the law is violated, it is worth trying to collect as much evidence as possible in order to transfer it to the investigation to initiate a case. For example, if collectors or an ex-husband are trying to get into the apartment by breaking down the doors, you should call the police as quickly as possible to record such an illegal act. If the victim was beaten at the entrance, promising to cause more serious bodily harm next time, to have the beating examined, he must contact the nearest emergency room or the Police to obtain a warrant to undergo a forensic medical examination.

When forming an evidence base, the victim should proceed from the way in which the offender threatens. In particular, this could be:

1. Mailing. Having received such a message by mail, you should handle it as carefully and carefully as possible so as not to wrinkle or leave your fingerprints on the paper. It is important to preserve the material in its original form before transferring the document to law enforcement agencies, without leaving additional notes or notes on paper. If possible, it is necessary to determine the time of delivery of the letter, who brought it, and remember the circumstances that seemed unusual or unusual to the recipient.
2. Phone calls. If caller ID is installed on a stationary device, this will allow you to identify the person from whom personal threats are coming. At the moment of communication, it is worth recording the conversation (on a voice recorder, smartphone, etc.) or even filming a video of the conversation on the phone. If this is not possible or the victim did not have time to prepare for the next call, it is necessary to immediately record the details of the conversation, including all the nuances of the conversation (features of the subscriber’s speech, timbre of voice, background noise, etc.).
3. SMS message. When you receive a text message with a threat on your mobile phone, you can see the number of the subscriber from whom it came (if the SMS was not sent from the mobile operator’s website). It is worth saving the message so that you can provide such evidence when filing a complaint.
4. During personal communication. If a citizen cannot identify the person from whom the verbal threat is coming, he should try to remember what he looks like, paying attention to special signs. It is also better to remember all the nuances of communication (for example, the license plate number of the car in which the offender arrived) so that law enforcement agencies have more opportunities for identification. If a promise of harm or bodily harm was made in front of witnesses, then you need to take their contact information and consent to testify.

Important! In most cases, an SMS message is not a basis for initiating a criminal case when the victim cannot confirm the fact of threats with other evidence.

The legislative framework

To file a complaint and hold the offender accountable under the law, you can rely on the following legislative acts:

1. Federal Law "On the Prosecutor's Office of the Russian Federation" N 2202-1-F dated January 17, 1992. (as amended on July 29, 2017).
2. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
3. Civil Code of the Russian Federation N 14-FZ dated January 26, 1996. (as amended on March 28, 2017).
4. Criminal Code of the Russian Federation N 63-ФЗ dated June 13, 1996. (as amended on July 18, 2017).
5. Code of the Russian Federation on Administrative Offenses N 195-FZ dated December 3, 2001. (as amended on July 29, 2017).

Magistrate's Court

If law enforcement agencies refused to initiate a criminal case or the applicant wants to immediately file a claim for monetary compensation for the material damage caused, he can directly appeal to the Magistrate’s Court. But, given the seriousness of the situation, it is better to entrust the process of drawing up a claim to a lawyer who will give valuable recommendations and help clearly formulate the requirements.

It will be necessary to submit three identical packages of documents to the office (this also applies to the collected evidence) and pay a state fee, compensation for which can subsequently be received from the defendant.

Important! Even if the court recognizes the threat to life as unfounded, it can hold the violator accountable under another article of the Civil Code of the Russian Federation for violating the right to privacy.

What can you complain about?

Not in all cases the threat is a separate crime. As a rule, such acts of third parties are part of other offenses, for which criminal or administrative liability is also provided. In any case, from the point of view of the law, threats to kill or to cause harm to life and health are usually divided into two groups:

• caused by hatred, which has different etiologies: political, national, sexual, etc.;
• which can be supported by evidence or when the victim has reasonable grounds to believe that they can be implemented in practice.

It is not necessary to have extensive knowledge in the legal field to understand what actions can be qualified as a threat to life and health. Despite the fact that in such cases, violators often show great ingenuity and imagination, the victim must necessarily complain to law enforcement agencies if he receives promises of physical violence (“break his legs,” “break his head,” etc.) , even if they have a veiled form (for example, “meet in an alley for a serious conversation”, “take to the forest for a conversation”, etc.).

How to write a statement to the police about threats to life and insults

Any threat to the life or health of a citizen is regarded as a serious legal violation. For such actions, the perpetrator may be subject to very severe punishment, including criminal liability.

As it turned out, it is possible to bring the violator to justice only if there is an official appeal. When my sister was insulted by a neighbor, she turned to the local police officer, who advised her to write a statement to the police. This article will tell you how to correctly draw up and submit a statement to the police about a threat to life or in connection with an insult.

The first authority where you should apply is the police station at your place of registration. If you go to the wrong branch, you will lose the time needed to send it. You can bring the document in person or send it online through the government services website.

For an application to be accepted, it must be written in a certain form. There is no single standard, but try contacting the local police officer: he will probably have a sample. Under no circumstances should you use obscene language or excessive emotionality in your document, otherwise it will not be accepted. Be sure to include your full name on the application: anonymous complaints will not be considered.

Heading

This indicates who is sending the application and to whose name. Write down the number of the police department where the document is being submitted, the name of its head, your name and registered address.

Main part

Here you should write a text describing the current situation. You need to describe as informatively, but succinctly as possible, how the criminal threatened you, that he promised to take your life or cause serious bodily harm, or intimidated you. The more details and details, the better for the investigation.

Conclusion

This indicates what documents and evidence are attached to the application. At the end the current date and the personal signature of the applicant are placed.

If any of the listed parts are missing, your application may be rejected immediately or rejected based on the results of a pre-investigation check.

If you were refused to initiate a criminal case based on the results of consideration of your appeal, you have the right to appeal the decision to the Prosecutor's Office or the FSB. These authorities will need to prove that the threat to life is high.