According to sociological studies conducted annually in Russia, many citizens treat police officers with great distrust. There are undoubtedly quite objective reasons for such an attitude. The consequence of citizens' distrust of law enforcement officers is the so-called legal nihilism, in the ideals of which not a single generation of Russians is brought up. Nevertheless. let's figure out where to complain about police officers?
Today, the majority of our compatriots do not want to write a statement to the police if they have become the victim of a crime of minor severity that did not entail significant damage. This situation gives rise to a large percentage of latent crime. As a result, criminals feel impunity and continue their illegal activities.
Even fewer people try to protect their rights if they have become a victim of police brutality or inaction of police officers. However, Russian legislation has in its arsenal quite effective measures directed against violators in uniform, therefore, in order to be able to protect their legitimate interests if necessary, every citizen must know a clear algorithm of actions in such a situation.
For what reasons can I complain?
There can be many reasons, but the most common are the following:
- A police officer (precinct) acts unlawfully, violates the law, acts not in accordance with the regulations, exerts pressure;
- Law enforcement officers did not come when called,
- The employees accepted the statement that a crime had been committed, but were in no hurry to carry out verification activities;
- If a check on the application was carried out, but rather superficially and formally, and based on its results, the initiation of a criminal or administrative case was refused;
- If the police fail to act in other situations;
- If, after the initiation of a criminal case, police officers do not carry out the necessary investigative measures and rush to quickly close it and put it in the archives;
- Employees of internal authorities behave defiantly and not in accordance with the regulations.
In the above situations, it is highly undesirable to delay writing an appeal to the supervisory authorities, therefore measures must be taken without delay.
Bodies to which you can file a complaint against police officers
According to current Russian legislation, in the event of unlawful behavior, actions, or inactions of police officers, you can submit an appeal to the competent authorities.
Prosecutor's Office of the Russian Federation
The Prosecutor's Office of the Russian Federation - this state body is called upon to oversee compliance with the law, including compliance with the law in the activities of law enforcement agencies. Any prosecutorial check against employees of internal affairs bodies, in accordance with the law, within the established time frame. If, as a result of this inspection, the prosecutor reveals violations in the activities of the police, he can issue an order to eliminate them, and can also draw up a presentation addressed to the head of the police department, in which he indicates the need to bring the perpetrators to justice. The applicant is notified in writing of the results of the inspection.
Judicial authorities
Courts of the Russian Federation - according to the Constitution of the Russian Federation, every citizen has the right to defend their legitimate interests in court, including if they were violated by government bodies or their officials. In court, the inactions or actions of police officers can be declared illegal. The corresponding application is submitted in accordance with the procedural procedure provided for by the Code of Administrative Proceedings.
Senior management
The head of the police department - he is the immediate supervisor, therefore he has the right to punish his subordinates in some cases. For example, you can write a complaint to him if the police officers subordinate to him allowed themselves to treat you incorrectly or rudely, and also used profanity when communicating with you. Based on the results of an internal audit, police officers who commit such offenses may be subject to disciplinary action.
Department of Internal Security
Department of Internal Security - you should write a complaint to this structural unit of the police if a police officer has committed a criminal act. Typically, this body receives complaints about corrupt police officers, concealment of evidence, or violent actions against suspects. Based on these facts, verification measures must be carried out, based on the results of which a decision may be made on the need to initiate criminal proceedings against the perpetrators.
How to determine the reality of the threat
Human actions are qualified under Art. 119 of the Criminal Code of the Russian Federation in the presence of a real threat to life and fear for the implementation of the plan. The criminal's goal is to intimidate the victim. A threat expressed towards another person during a quarrel, general insults, or on emotions is not considered as an object of Art. 119 of the Criminal Code of the Russian Federation. The real threat is characterized by:
- specific form of expression;
- characteristics of the offender;
- nature of the threat;
- place and time of the incident;
- content of the threat;
- relationship between the parties.
The characteristics of the criminal include a previous criminal record, alcohol abuse, cruel acts, and violent acts. When determining a threat, the relationships that previously existed between the parties are taken into account.
During robbery, vehicle theft, and extortion, criminals use intimidation to take life. In accordance with paragraph 4 of the Resolution of the Plenum of the Supreme Court, if there was a real danger to the life of the victim, the actions of the violator of the law are additionally qualified under Art. 119 of the Criminal Code of the Russian Federation.
Distinctive features of a complaint against police officers
A complaint against police officers has the following characteristic features:
- It can be written by any person who believes that police officers have violated his rights and legitimate interests.
- An application or appeal to the court can be written handwritten or typewritten. To go to court, you must comply with the procedural order. You can't do without lawyers and attorneys.
- The application must necessarily indicate the passport details of the applicant, as well as the details of the authority where it is being submitted.
- The appeal shall indicate all relevant facts. They must be stated clearly and concisely.
In general, the law does not define a clear form for writing a complaint against police officers, so it is drawn up in free form, but with mandatory compliance with the above rules. Let me remind you that when going to court, you must follow the procedural order.
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How to file a complaint against police officers and how it is considered
After you have written a complaint (an administrative claim to the court), you can send it to the appropriate authority in two traditional ways: in person or by mail . In addition, nowadays it is possible to file a complaint by e-mail (this option is not always provided for in court). In particular, if you visit the official website of any prosecutor’s office in your city, then pay attention to the fact that there is a so-called online reception. This electronic service was created specifically for filing various complaints. If you decide to use this service, be sure to provide an email address to which information about the measures taken in response to your request can be sent to you.
If you wish to file a complaint in person, this is usually done through the office of a particular authority. So, in the office of the prosecutor's office, when registering your complaint, a copy of it, which will be given to you, is marked with the date of its acceptance and the official who will deal with your case. You can check with him about his progress by phone or by making an appointment.
Based on the results of the inspection, an appropriate decision must be made, of which the author of the complaint must be notified. Such notice is usually sent in an envelope by mail or by email. In addition, you can indicate in the appeal that you want to pick up the answer to it personally. Then it can be obtained from the office of the relevant authority against signature. If the applicant is dissatisfied with the decision taken on the complaint, he has every right to appeal it to a higher authority or to court. Let me remind you once again that when going to court, it is necessary to comply with the procedural order.
What is bullying
Criminal law does not provide for such a thing as intimidation. The closest to it in composition are the actions provided for in Art. 119 of the Criminal Code – threats of murder or physical harm. Such a threat is the intention expressed towards the victim to cause harm to his life and health, regardless of the method of causing such harm, provided that such a threat is perceived by the victim as real.
The form of expression of the threat does not matter - it can be expressed verbally, in writing, through gestures, voice messages or messages transmitted through third parties and other means. The absence of verbal expression does not mean that the threat did not exist - intimidation can be expressed in the form of a display of weapons.
Note!
Intimidation can be carried out in single actions or repeated systematically. If the method and form of the threats are identical, such a crime is considered continuous.
To bring a criminal to justice, the purpose of expressing threats and intimidation, whether the criminal has intentions to implement them, the requirements that determine the threats and other circumstances are not of key importance. It is important that the intention to cause harm is expressed in relation to a specific person. A threat to an unlimited number of persons is not a threat of murder in the context of Art. 119 of the Criminal Code, and such a person perceived such a threat as real. But the victim’s opinion alone that the threat is real is not enough. The reality of the threat and the perception of it as dangerous by the victim is assessed taking into account:
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- the circumstances under which it was expressed;
- relations between the parties;
- stated requirements;
- public danger of the criminal;
- violent actions on the part of the criminal and other factors indicating the perception of the criminal’s intentions as real.
Note!
If a criminal commits actions aimed at bringing his threats to life, such actions are qualified under other articles of the Criminal Code, in particular under Art. 105 or 111 of the Criminal Code.
Punishment for bullying
According to Art. 119 of the Criminal Code, the main and qualified elements of a criminal offense related to intimidation and threats to life and health are identified. The main composition assumes the presence of a threat that is perceived by the victim as real. Depending on the severity of the consequences and the social scope of the offense, Part 1 of Art. 119 of the Criminal Code provides for one of the types of punishment for the violator:
- compulsory work up to 480 hours;
- restriction of freedom or forced labor for up to 24 months;
- arrest for 6 months;
- actual prison term is up to 2 years.
If the threat is based on racial, national, religious or other discriminatory differences, including in relation to a specific social category of the population (for example, foreigners), it is qualified under Part 2 of Art. 119 of the Criminal Code and may entail for the offender:
- 5 years of forced labor and deprivation of the right to hold positions in the civil service for 3 years;
- 5 years of real prison term and deprivation of the right to hold positions in the civil service for 3 years.
