Telephone threats can unsettle anyone when they are repeated day after day. But threats are different. If they call you and say that they have sent you a curse or a curse of thrones, this is most likely not serious. Law enforcement agencies rarely respond to such calls. But if they threaten to kill you and your children and at the same time call their names and school address, you should be wary.
People who threaten you over the phone with murder, torture, beatings can pay for this with forced labor for 20 days or restriction of freedom for various periods, they can be arrested and even imprisoned for 2 years.
They will be given such punishments if the victim really has reason to fear what they are threatening. Intimidation is considered real if there are facts indicating surveillance of the victim and his relatives.
Threats that are associated with political motives, ideological, racial hatred are fraught with punishment in the form of forced labor or imprisonment for up to 5 years. Such people will also be prohibited from working in certain positions and holding certain positions. Such provisions are contained in Article 119 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation).
If there is no real threat to life and health, then there is no corpus delicti. But if the person being threatened knows the person on the other end of the line, he can take the case to court. In order not to be unfounded, he can record a threatening conversation on a telephone recorder.
It is advisable to structure the conversation in such a way that the threatening person gives himself away - gives the name and facts regarding the relationship with the interlocutor. Only if there is any evidence will the police begin to deal with such a case. You won't have to wait for anything else. And, in any case, immediately enlist the support of a lawyer.
Threats by phone: how to collect evidence
You can, of course, record the conversation on a voice recorder, but it is still very difficult to collect evidence. After all, the person threatening can later say that his phone was stolen, but he himself did not call anyone, and did not intend to do anything. This is if you know someone. And if the call is anonymous, it will be even more difficult.
Try to collect evidence of the criminality of the person calling you. For this:
- record the conversation on your phone;
- determine the number - if possible, provide a qualifier;
- turn on speakerphone and ask others to be witnesses;
- take a video of the conversation so that the number is visible on the ID screen;
- Contact your mobile operator's office and ask for a call printout.
Don’t rush to block the scammer’s number, he can call from different phones. All of them need to be recorded and tried to “break through” on the Internet. To the police, describe in detail when and under what circumstances these calls began, and also tell us why you are afraid of them.
Wiretapping of telephone conversations will be allowed only after the police accept the complaint and initiate a criminal case.
As in bad movies, the police are more likely to accept a statement if the person threatening you has already tried to shoot you, and then called you, blackmailed you in some way, and committed other criminal acts. And it will be even better if you have already seen it and can describe it.
What should the victim do?
You should not take lightly a threat made against a citizen. Potential victims should take steps to ensure their own safety. To do this, after receiving a threat against yourself or other people, you must immediately contact the department of the Ministry of Internal Affairs.
The statement states:
- personal data of the applicant;
- a description of the situation at which the threat was made;
- the exact words that the victim took as a threat;
- information about the person who made the threat, if this person is known to the victim;
- other information that is relevant to the investigation.
At the end of the application, the victim’s handwritten signature and the date of contacting the authorities are placed.
The victim can contact the Ministry of Internal Affairs department independently or call police officers to the scene of the crime. Employees are required to accept the application and consider it within a period not exceeding 10 days.
If criminal intent is revealed in the actions of the offender, then a criminal case will be opened based on the fact of the complaint. If a criminal case is refused, the victim may appeal it to the prosecutor's office.
If the application is refused, the injured party may also contact the prosecutor's office or a judicial authority.
If the police do not take any action on the application, and the criminal subsequently translates his threats into actions, then the employees of the Ministry of Internal Affairs will bear responsibility for this. They will face dismissal from service and trial.
Telephone threats: what to do and what not to do
When talking to a criminal or blackmailer on the phone, try to suppress unnecessary emotions and calm down. If you were unable to make a recording right away, turn it on the next time you call. If you know him, call him by name so that the police understand that he is a real threat to your safety. If a stranger calls, ask his name and ask what exactly he needs.
Perhaps it will be possible to find out at least some details about the reasons for the calls. Ask him what he wants to do with you, what to do with your loved ones. Of course, this will not be the most pleasant conversation in your life, but this way, perhaps, you will be able to “talk” him.
The longer the conversation, the more you can learn about the threatening person and his location. Listen to extraneous sounds. So you can guess that this type is, for example, in a place of busy traffic or near a railway station. You can guess how old this person is approximately. Maybe he stutters or has a lisp. Any details will be helpful.
Here are some tips that law enforcement officers offer in such situations:
- do not provoke conflict, try to speak calmly;
- If you lose your temper and lose your temper, it’s better to hang up;
- do not give your name;
- do not ignore calls or delete messages from your phone;
- do not change the SIM card.
It’s not a fact that the police will believe you the first time and begin to figure it out, but it’s worth a try. Don't lose hope, record every little thing. On the second (third) call, tell the threatening person that you are recording the conversation on a voice recorder and will take the recording to the police. After that, he may leave you behind. Remember under what article he can be charged if he does not stop calling (Article 119 of the Criminal Code of the Russian Federation).
If necessary, call the helpline of the Main Directorate of the Ministry of Internal Affairs of your city. They will help you calm down. In addition, all calls in this service are recorded, which will be another proof of the reality of what is happening. Call the duty station of your police department, come and write a statement. If the police didn’t accept him, go to the prosecutor’s office, don’t give up.
In addition to the application, you will need all the documents obtained during conversations with people who make threats over the phone. These are audio and video recordings and even notes on paper if you recorded it by hand. Call printouts taken from the mobile operator. Photos, if possible.
A police report can be submitted on the State Services website. Collect a package of documents, send and wait for a response. If law enforcement officers decide that there are sufficient grounds to initiate a criminal case, an investigation will begin. On the portal you can also make a sample statement to the police, as well as make an appointment with the prosecutor’s office.
Where to contact
Threats made over the phone may not be dangerous, but it's not worth checking.
After the first call or message, you should contact the police. Only law enforcement officers can help identify the criminal and collect evidence for trial. To do this, the victim needs to draw up and submit a corresponding application. For registration, you can use the standard form. You should definitely check whether the application details were entered in a special journal. If the police refuse to accept it (which is illegal), you must complain to the employee’s superiors or to the prosecutor’s office.
Then a check will be carried out not only on the fact of the commission of a crime, but also on the fact that the police officer failed to fulfill his duties. But you can contact the prosecutor’s office directly, since based on the submitted application, prosecutors are also obliged to take certain measures.
The police report must contain:
- details of the head of the department (an application is filled out in his name);
- Full name and contact details of the victim;
- a detailed description of the circumstances of the case;
- information about the attacker (if his identity is known);
- list of evidence;
- list of witnesses (minors can be involved);
- date and signature.
If threats are made against a child, then a statement is written by his parents, guardians or other adult family members.
Telephone threats can cause emotional harm
Let's say the police open a case and find the culprit. Here you should think about moral damage, because you were worried, nervous, and drank valerian. In addition, you can write a statement about compensation for personal insult. Remember everything you experienced and describe it in a statement.
In your claim, tell everything clearly and clearly, do not forget to mention the amount you are demanding for moral damages. The state fee for filing an application with the court is 300 rubles. At the same time, remember that you will have to answer for false information, so do not invent or point to a person whose identity you are not sure of.
The application for compensation for moral damage is accompanied by the conclusions of a psychiatrist or neurologist about the onset of depression. Copies of prescriptions and receipts for the purchase of medications are also needed.
Compensation amounts range from 5 to 50 thousand rubles (depending on the severity of the damage), but it is better to consult a lawyer on this issue.
A telephone threat to kill you will be classified as such - regardless of whether the attacker wanted to kill you or not. And he will receive punishment under Article 119 of the Criminal Code of the Russian Federation - from 6 months of forced labor to 2 years in prison (as the court decides). The peculiarity of the article on telephone threats is that they are considered a crime without physical violence against a person.
Sources:
Threat of death or serious bodily harm
Extortion
Penalties for the act
For this type of crime, a person can be sentenced without qualifying criteria to 480 hours of compulsory labor or have their freedom restricted for up to two years or forced labor for the same period. Arrest for up to six months or imprisonment for up to two years is also possible.
For committing a crime with qualifying characteristics, the liability is even more severe. If the threats were carried out based on political, ideological, racial, national or religious hatred, they may be sentenced to forced labor for up to 5 years with deprivation of the right to hold certain positions for up to three years or imprisonment for up to five years.
Which article regulates human rights in the event of threats?
The Criminal Code of the Russian Federation regulates such relationships between citizens. The main provisions are regulated within the framework of Art. 119th Art.
According to its grounds, it is possible to prove the fact of threats only if there are special materials, and the measure of suppression of unlawful ones can be different. It all depends on the severity of the crime. If you want to understand the laws in more detail, experts recommend contacting professional lawyers.
If the intimidation comes from debt collectors
The largest number of proceedings under Art.
119 is associated with threats coming from collectors. According to the law, they do not have the right to frighten the debtor by using physical violence. Their powers include reminding the citizen about the existing debt to the credit institution, as well as the need to repay such debt. Sometimes debt collectors exceed their permissible authority and threaten the debtor.
In this case, the victim must report regularly received threats to the police. All calls from unknown numbers should be recorded on a voice recorder. The more evidence is collected, the easier it is to bring the perpetrator to justice.
If collectors personally come to the debtor’s apartment, try to break down the door or use physical violence against a citizen, then the police must be called immediately. At the same time, you should make an audio or video recording of what is happening, having previously warned the collectors about this.
Proof
Unsubstantiated accusations of a threat to life and health cannot be considered by the police. Therefore, the victim needs to prepare evidence that the bullying was real. The evidence base depends on how the person was threatened.
When making threats in person, evidence will be:
- audio or video recording;
- witness's testimonies.
The victim can be intimidated by either an acquaintance or a stranger. If the criminal and the victim know each other, then it is necessary to provide the police with his personal information, including his residential address. If they are not familiar, then describe the appearance of the threat, special features, the vehicle in which he arrived, clothes and other details.
If a criminal intimidates a victim during a telephone conversation, then it is necessary to make an audio recording of such a conversation. The call recording function is present in all modern gadgets.
When making threats on social networks or SMS messages, evidence will be a screenshot or photograph of the screen. If the victim has received a letter containing intimidation, it must be handed over to law enforcement agencies. The police will conduct a handwriting examination, take fingerprints and carry out other investigative actions.
If, in addition to verbal intimidation, the offender used physical force against the victim, then it is necessary to record the fact of beating. This can be done at an emergency room or clinic. The police may order an additional forensic examination to determine the severity of the injuries. In this case, the offender will face punishment simultaneously under 2 articles of the Criminal Code of the Russian Federation - 119 and 116.
Example
Oleg came to his ex-wife Ekaterina to pick up personal belongings. A quarrel broke out between them, as a result of which Oleg attacked Catherine, shouting “I’ll kill” and hit her in the face. Then he collected his things and left. Police officers who arrived at the scene took a statement regarding assault and death threats. A criminal case has been initiated against Oleg under two articles 119 and 116 of the Criminal Code of the Russian Federation.
The difference between a threat and an attempt
An equally serious crime is attempted murder. When investigating a criminal case, even experienced police officers may find it difficult to distinguish between these crimes.
The main difference is the reasons why the crime was not completed. Attempt is a deliberate action aimed at committing a crime that was not completed for reasons beyond the control of the offender.
Example
During the quarrel, citizen A. grabbed a knife and began to threaten citizen K. with deprivation of life. To prove the seriousness of his intentions, he struck one blow to the back, cutting the victim’s skin. The damage caused is classified as minor harm. The court decided to find citizen A. guilty under Art. 116 and art. 119. The article of attempted murder was not applied in this case, since citizen A could have committed a crime, but did not do so on his own initiative.
If, in the same situation, citizen A was prevented from committing a crime by other circumstances, for example, a stranger, then this would be qualified as an attempt, and citizen A would be given a more severe sentence.
What are the reasons
SMS with threats
Conventionally, the causal factors for which the addressee receives such messages can be divided into two main groups:
- Random. This means that messages arrive erroneously when the sender has the wrong number or has incorrect information about the recipient’s details. Typically, this group of factors is not dangerous and does not pose serious consequences if a competent approach is taken to solving the problem.
- Intentional. In this case, the opponent deliberately sends threatening messages containing obscene language, outright extortion and other unpleasant moments. Most often, such messages are sent by the bank (collectors) to the debtor. Also in practice, there are other patterns of relationships through such SMS messages sent by envious people, competitors, and enemies.
Threats via SMS are a serious act that is fraught with punishment. Therefore, having decided on the reason for receiving them, it is necessary to act immediately.
