Application to the police: sample 2021, how to write and submit to the local police officer

The work of law enforcement agencies begins from the moment they receive information about a criminal crime or administrative offense. Such information may be revealed during the investigation of the circumstances of another case, receiving a telephone call from victims or witnesses, or if a statement is sent to the police.

When contacting the police department in person, the police officer independently fills out an application form, or it is possible to pre-register a complaint, which is transferred to the police officer.

Writing a statement to the police is not difficult, but you must follow a number of established rules. It should be understood that the further fate of the complaint depends on the information contained in the appeal. Having considered the application, the employee of the Ministry of Internal Affairs makes one of the following decisions:

initiation of a criminal case (by entering information about the committed act into the Unified Register of Pre-trial Investigation of Cases);
registration of administrative material (if a violation qualified under an article of the Code of Administrative Offenses has been identified in the actions of the perpetrators);
drawing up an official response, which states that there is no element of legal misconduct in the actions of the perpetrators (for example, if the dispute has to be resolved in court as part of civil proceedings).

After reading the answer, the citizen can also perform one of the following actions:

complain about the police officer’s inaction to the prosecutor’s office (but first you need to make sure that the response to the statement was formal and not in accordance with reality);
contact the higher management of the police department (for this there is a schedule of visiting days for department heads);
come in person to the city department to fill out a new application, but with the help of a police officer.

Important! In 30% of cases, police officers are faced with the absence of the applicant’s contact information or their incorrect registration. You need to write a phone number where you can contact the applicant.

To avoid delays, as well as related difficulties, it is better to use a sample application to the police.

In what cases is it advisable to write a statement to the police?

As noted above, contacting the police is the main basis for starting proceedings (regardless of whether a crime or an administrative offense has been committed). Therefore, in all cases of committing an illegal act, you must contact law enforcement agencies as soon as possible.

The success of the case consideration depends on the timeliness of the application. In the event of an attack and bodily injury, an urgent forensic medical examination is necessary to establish the severity of the existing injuries. If property theft is detected, immediate action will help identify places where valuables are sold. In case of loss or loss of your passport, you must report the invalidity of the document as soon as possible.

According to the rules on how to file a complaint about a violation to the police, it is established that not only victims, but also eyewitnesses, witnesses and other citizens who become aware of the committed offense can apply to the departments of the Ministry of Internal Affairs.

What documents to attach

The law does not provide a clear list of documents that must be attached to the submitted application. At the same time, in the criminal procedure law there is such a concept as the relevance of evidence. Simply put, each attached document must, in its content, confirm one or more circumstances reported to the police, in other words, be relevant to the case. At the same time, depending on the type of fraud, you can follow some recommendations that have been developed by practice.

So, in the example we described, you can attach:

preliminary agreement, which Nikolaev P.R. writes about.
information about registration of Nikolaev as an individual entrepreneur, where the legal address will be indicated - that is, the place where the crime was committed.
a certificate of your income (to confirm the significance of the damage).

You can attach not the originals, but copies of these documents - subsequently (during the investigation) they will be certified by a police officer, comparing them with the originals.

Other options for documents that can be attached:

receipt – if they borrowed money from you without initially intending to return it and thereby stole it by deception;
invoices, sales contracts - if they took the goods from you for sale, sold them and did not return the money;
documents for a telephone or other equipment - if, under the guise of using it, they asked you for it and appropriated it;
screenshots of website pages where funds were debited from bank cards, phone balances, etc. – if we are talking about the fact of Internet fraud. In such cases, the check will be carried out by the specialized police department “K”, however, it is not necessary to specifically indicate in the application for transfer to this particular department - in the police, even without such specification, the check will be entrusted to the relevant specialists.
bank account statement if money was withdrawn from the card;
all documents related to real estate - if the subject of fraud was an apartment, house, land, etc.

If you write a detailed statement and attach a complete package of documents, from which it will be clear that an unlawful act was committed against you, within three days (the maximum period for extension is 10 days) a criminal case must be initiated under Art. 159 of the Criminal Code of the Russian Federation (fraud). However, in some cases the initiation of a criminal case is refused, sometimes unreasonably.

Submission rules

The provisions of the Criminal Procedure Code, as well as departmental orders and instructions, stipulate that every complaint received by police officers must go through the registration procedure. That is, inspectors of duty units, district police officers, investigators, operational officers and employees of other departments can equally accept requests.

As for the rules for submitting an appeal, you must follow the following wishes:

the application must be drawn up on an A4 sheet in printed form (complaints written by hand are allowed, but due to handwriting and errors, there may be cases of incorrect interpretation of what is written);
be sure to indicate the personal information of the applying citizen, as well as contact information;
a signature and date of application is required;
if a duplicate of the application is sent to other authorities, then this is also indicated.

You can submit a complaint in one of the following ways:

in person to the duty station or office of the local police department (located at the place of registration or at the place where the crime was committed);
postal services;
through a representative acting under a notarized power of attorney.

What could be the evidence?

Article 74 of the Code of Criminal Procedure of the Russian Federation establishes a list of evidence in criminal proceedings. These include:

testimony of the alleged attacker;
testimony of the victim or witness;
conclusion and testimony of an expert or specialist;
evidence;
protocols of investigative and judicial actions;
other documents.

Article 26.2 of the Code of Administrative Offenses of the Russian Federation, in addition to those mentioned above, names:

protocol on an administrative offense and other protocols in accordance with the Code of Administrative Offenses of the Russian Federation;
explanations of the alleged offender;
indications of special technical means.

Physical evidence is, for example, photographs, video and audio recordings, letters, checks, receipts and other paper media that indicate a criminal act.

You can view other tips and tricks on how to prove fraud here.

How to write a statement to the police

Even when drawing up the most competent statement, police officers always have questions for the victim. This is due to the fact that sometimes even the most insignificant detail can affect the qualification of a criminal act. Therefore, after receiving an application for execution, the applicant is invited to the police department for a personal interview.

Knowing how to correctly write a statement to the police, a citizen will be able to speed up the process of considering the complaint. So, you should follow these rules:

the complaint consists of several mandatory parts, each of which must be described;
in the “head” of the appeal, the title and name of the head of the police department to which the petition is sent are first indicated (you can find out such information by calling the duty station);
The personal data of the applicant is indicated below;
be sure to indicate the name of the document: “statement of offense”;
plot, which displays a brief essence of the act (date and place of commission);
a detailed description of the events (indicating the number of victims and victims, the nature of the illegal actions, as well as the harm caused);
the “please” section, which displays a request to find the perpetrators and bring them to legal responsibility.

If a property crime has been committed (theft, robbery, robbery, fraud and other types of theft), then it is necessary to provide a list of stolen valuables, copies of documents on their purchase and photographs (if possible).

Attention! The legislator does not limit the period during which the victim can report a crime, but it is better to do this within the next three days, which significantly increases the chances of solving the case.

Sample statement regarding fraud

Let's create an example of a fraud complaint that you can use when writing it yourself (without the help of a lawyer). Comments that can be taken into account in one or another version of events are highlighted in blue.

To the head of police department No. 1 of the Kaluga Regional Ministry of Internal Affairs, police colonel V.N. Petrov.

(if for some reason you cannot write the title or surname of the chief of the OP (for example, you do not know this), the application must still be accepted; the absence of this data is not a basis for refusal to accept)

Nikolaeva P.R., born in 1975, living at the address: Kaluga, st. Derevenskaya, 1, apt. 7. tel. 892600077

(if fraud is committed against a minor, the details of both the legal representative and the child are indicated here)

STATEMENT

I ask that a man unknown to me, who introduced himself as Krasnov A.Yu., be brought to criminal responsibility, who in the period from October 10, 2016. to October 15, 2016, while in the office of the company I own, at the address Kaluga, st. Derevenskaya, 2, letter A, by deception he stole money from me in the amount of 250,000 rubles, which is significant damage for me.

(In general, such a brief statement states enough for the police to see the prospect of initiating a criminal case and begin to actively work on it. However, such an appeal has little content, so we recommend revealing the essence of your problem in more detail)

I am an individual entrepreneur, I own a company for the production of accessories, located at the address: Kaluga, st. Derevenskaya, 2, letter A. In this office, I made an appointment with the representative of the Uyut real estate agency, Alexander Yuryevich Krasnov (other details are unknown to me), who was supposed to find me a premises in Kaluga for me to purchase in order to expand my business .

10.10.2016 Krasnov A. appeared at 10:00 at the office at the above address, where he offered to conclude a preliminary agreement with him for the purchase of premises with an area of 87 sq.m., located at the address - Kaluga, st. Turgeneva, 10, letter B. After inspecting this premises (in the absence of the owner, A.Yu. Krasnov had the keys to it), I agreed to buy it. At the same time, Krasnov A.Yu. assured me that the owner of the premises, M.T. Morozov. is abroad undergoing treatment for cancer, that Krasnov has a power of attorney for sale. Krasnov also explained that he has two buyers and in order to complete the deal with me, he needs to make a deposit of 250,000 rubles, handing it over to him personally. In response to my question, provide me with a power of attorney Krasnov A.Yu. showed me a photocopy, saying that he never carries the original with him and will provide it on the day of concluding the main contract.

Believing Krasnov A.Yu., 10.15.2016 I gave him 250,000 rubles while in the office at Kaluga, st. Derevenskaya, 2, letter A, we entered into a preliminary agreement with him, where he confirmed receipt of the money with his signature.

After this, on the agreed date for completion of the transaction, October 21, 2016. Krasnov A.Yu. did not show up to my office, citing poor health, and the final contract was not drawn up.

When I tried to enter the premises at the address Kaluga, st. Turgeneva, no. 10, letter B, then I discovered an operating cafe there, where the director informed me that at the beginning of October 2021 the premises were purchased by Ogurtsov I.Z., who as of October 10, 2016. was already the full owner and does not intend to sell it. In a conversation with Ogurtsov I.Z. I found out that he bought the premises from M.T. Morozov. personally, without intermediaries even before my meeting with Krasnov, and also the fact that Morozov M.T. He does not suffer from any disease and has never been abroad.

Since Krasnov A.Yu. took possession of my money through deception, I ask him to be held accountable.

(You can clarify what measures you took to repay the debt in order to eliminate doubts that this is not just a violation of an obligation in the civil legal sense, but a criminal offense.)

Before writing this statement, I tried daily and repeatedly to contact A.Yu. Krasnov. at 8926777888, but his phone was always turned off. I also visited the address indicated in the preliminary agreement as the location of the Uyut real estate agency and found out that there is a residential building at this address and there are no organizations there.

(Be sure to clarify why the damage to you is significant.)

250,000 rubles is a significant loss for me, since I have three young children dependent on me, I pay a mortgage and my wife’s salary is 15,000 rubles. My monthly income from business activities averages 70,000 rubles.

(It would be useful to indicate who can be interviewed as witnesses already at the stage of the procedural check.)

I would also like to inform you that I transferred the funds in the presence of my employees - Lebedeva M.Yu., Doronina G.K., who are ready to give explanations and confirm the circumstances stated by me in the application. I also ask you to question the current owner of the premises, Ogurtsov I.Z., as well as the previous owner, Morozov M.T., regarding the circumstances.

(Be sure to reflect your understanding of the consequences associated with falsely reporting a crime.)

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned.

October 23, 2016 Nikolaev P.R.

Registration

There are several ways to register a complaint with law enforcement agencies. The registration method depends on how you decided to file a police report. When sending a complaint by mail, the letter undergoes mandatory registration in the journal of incoming correspondence with the obligatory assignment of a personal number to the document.

When sending an application personally to the duty station, the application is drawn up in a special form, after which information about it is entered into the log of incoming requests. Additionally, a tear-off registration form is filled out and given to the applicant. The counterfoil displays the registration number and date of receipt of the application. This information allows you to obtain information in the future about the progress of the review of the application.

What to do if a fraud case is refused

If you do not agree that a case is not being initiated, you need to appeal the decision to refuse to initiate a criminal case. You can do this in two ways:

contact the prosecutor's office.
go to court.

First you need to get a copy of the refusal decision. By law, the authorized police officer who is investigating your application is required to inform you what decision has been made.

But sometimes the applicant does not receive notification. We will not dwell on the reasons for the lack of information from the victim - in some situations, these are shortcomings in the work of the post office, in others, shortcomings in the work of the police. In one case or another, if the victim has not received any information on his appeal after 13-16 days from the date of filing , he has the right to independently contact the police and demand that he be given a copy of the decision.

In such a situation, you will need the coupon that we mentioned - it indicates the registration number of your application, using it you can quickly find the so-called executor who dealt with your problem. When you apply for a copy of the decision to refuse to initiate or initiate a criminal case, you must be given one.

Having received the decision and not agreeing with the reasons for the refusal, you can write a complaint to the prosecutor’s office, an approximate example is as follows:

Prosecutor of the Leninsky district of Kaluga Ivanov I.I. Nikolaeva P.R., born in 1975, living at the address: Kaluga, st. Derevenskaya, 1, apt. 7. tel. 892600077

COMPLAINT in accordance with Art. 124 Code of Criminal Procedure of the Russian Federation

I ask you to check the legality and validity of the resolution of the local police department No. 1 of the Ministry of Internal Affairs for the city of Kaluga Melnikova I.I. from 02.11.2016 refusal to initiate criminal proceedings.

So, 10/23/2016. I filed an application to initiate a criminal case against a person who introduced himself to me as A.Yu. Krasnov, who stole 250,000 rubles from me by deception.

In its resolution, the UUP (precinct police commissioner) indicates that insufficient data has been provided that Krasnov A.Yu. there was intent to steal funds through deception. District police officer I.I. Melnikov concluded that there is no corpus delicti, in this case there are civil relations, I was recommended to go to court in a civil manner.

(Note that in cases of fraud, the wording about “the existence of civil legal relations” is the most common in decisions to refuse to initiate criminal proceedings. To prevent refusal on such grounds, it is necessary to provide evidence of deception.)

At the same time, Krasnov A.Yu. initially provided me with false information about the premises being sold and its owner, as well as forged documents (power of attorney), so the grounds that the district police officer gave in his decision do not correspond to reality.

I ask you to cancel this resolution and initiate a criminal case under Art. 159 of the Criminal Code of the Russian Federation.

Nikolaev P.R., 03.11.2016 Signature.

Attachment: copy of the decision to refuse to initiate a criminal case dated November 2, 2016.

Responsibility for forging signatures on documents

Such a statement is in accordance with Art.
124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor's office is obliged to consider it within three days (can be extended up to 10 days) , during which the assistant prosecutor will request the so-called “refusal material” from the police and check the legality of the decision made.
If there are grounds, the prosecutor’s decision is canceled, an additional check is carried out, or the case is initiated immediately. The applicant is notified of the decision. It is known from practice that such cancellations of decisions can be repeated, which becomes like red tape, since the time spent on considering a complaint at the prosecutor’s office adds up to 10 days of additional checks by the police.

If such red tape is allowed, you can appeal the actions of officials (both the district prosecutor's office and the police) to the regional prosecutor's office. You can also follow the recommendation to go to court - sometimes this is a more effective way of influencing negligent law enforcement officials.

The application to the court is written as follows:

To the Chairman of the Leninsky District Court of Kaluga V.V. Petrov Nikolaeva P.R., born in 1975, living at the address: Kaluga, st. Derevenskaya, 1, apt. 7. tel. 892600077

COMPLAINT in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation

(Please note that the judicial procedure for considering such complaints is regulated by Article 125 of the Code of Criminal Procedure of the Russian Federation (in the previously given example of filing a complaint with the prosecutor’s office - Article 124 of the Code of Criminal Procedure of the Russian Federation).)

I ask that the resolution of the local police department No. 1 of the Kaluga Regional Department of the Ministry of Internal Affairs be declared illegal. I.I. Melnikova. from 02.11.2016 refusal to initiate criminal proceedings.

So, 10/23/2016. I filed an application to initiate a criminal case against a person who introduced himself to me as A.Yu. Krasnov, who stole 250,000 rubles from me by deception.

In its resolution, the UUP indicates that there is insufficient data provided that Krasnov A.Yu. there was intent to steal funds through deception. District police officer I.I. Melnikov concluded that there is no corpus delicti, in this case there are civil relations, I was recommended to go to court.

(The refusal to initiate a criminal case on the above grounds is illegal, which entails the cancellation of the decision.)

When considering this complaint, I ask you to request from OP-1 of the Ministry of Internal Affairs for the city of Kaluga the refusal material regarding the crime report numbered _______.

(Here you will need to indicate the number assigned to your appeal - the so-called KUSP (number in the Crime Reporting Book).)

I also ask you to call district police officer I.I. Melnikov. at the court hearing.

(According to the law, the presence of the officials who made the decision contested by the citizen is desirable, but not mandatory. Thus, if Melnikov, summoned by the UUP, does not appear in court, the consideration of the complaint will be carried out in his absence.)

Nikolaev P.R., 03.11.2016 Signature.

Attachment: copy of the decision to refuse to initiate a criminal case dated November 2, 2016.

Such a complaint will be considered by the court within five days from the date of receipt by the judge’s office. Based on the results of the consideration, a decision will be made to recognize the arguments as justified and to cancel the decision to refuse to initiate a case, or a decision to leave the complaint without satisfaction. In the latter case, the applicant is given a 10-day period to appeal the appeal.

Time limit for processing a police complaint

After changes were made to the current legislation, the period for consideration of accepted applications also changed. Thus, it is customary to allocate the following time frames:

3 days – the deadline for appointing an executor upon application and deciding whether the actions of the guilty persons constitute a criminal offense;
24 hours is the period of time during which information about a criminal offense must be entered into the unified register of pre-trial investigations;
10 days – making a decision on administrative materials.

Unfortunately, today the period of investigation of criminal cases is not limited by strict time frames, so the investigation into a complaint can last from several weeks to several years.

Important! The time frame for making a decision on the materials also depends on the jurisdiction.

Thus, only those police units in whose service territory the act was committed are authorized to investigate cases. Therefore, having received an appeal, the police officer prepares the material for transfer under jurisdiction to another body (city or region), which also increases the time for making decisions on appeals.

Why OEBiPK?

The abbreviation OEBiPK stands for Department of Economic Security and Anti-Corruption . Previously, this body was called differently - OBEP (department for combating economic crimes). OEBiPK is a structural subdivision of the Ministry of Internal Affairs of the Russian Federation. The competence of the body includes the protection and protection of the economic security of the country.

According to paragraph 1 of Art. 40 of the Code of Criminal Procedure of the Russian Federation, OEBiPK refers to the bodies of inquiry. According to clause 1, part 3, art. 150 of the Code of Criminal Procedure of the Russian Federation, inquiries are carried out in criminal cases of crimes provided for in Part 1 of Art. 159 of the Criminal Code of the Russian Federation and Part 1 of specialized articles on fraud. That is, you need to contact OEBiPK in the case of the main, unqualified composition of Article 159 and in the case of unqualified compositions of specialized articles.

As for fraud as an administrative offense, the detectives (which include the employees of the Department of Economic Safety and Practical Affairs) have the right to draw up protocols on administrative offenses (clause 1.3.2 of Appendix No. 1 to the order of the Ministry of Internal Affairs of Russia dated August 30, 2017 No. 685) and make decisions on initiating a case against administrative offense.

Is there a chance of getting my money back?

The applicant's chances of getting his money back, as practice shows, are practically negligible. This is due to the high complexity of such cases. Fraudsters are extremely difficult to identify; their accounts, telephone numbers, and addresses are registered to other people , and the stolen money is quickly withdrawn through exchange, purchase of goods, etc. As a rule, such offenses are interregional in nature. In this case, the investigation is hampered by the disunity of law enforcement agencies.

Some types of fraud are complex financial and technical frauds that require specialized knowledge to analyze and understand, which police officers often do not possess.