How much do they give for threatening to kill or cause grievous bodily harm? Moral damage

Concept. What is the article in the Criminal Code of the Russian Federation?

Health and life are our main wealth.

Money may run out, love may pass, and children may grow up, but life and health are what is paramount for every person.

When a threat looms over a citizen, received from a specific person not in a joking form, but in the form of a warning, it is worth thinking a little and notifying law enforcement agencies about this by filing a police report.

However, our law enforcement agencies are not willing to take on such cases , because there are very, very many cases where a person simply misjudged intonation or a joke.

If we talk about how the legislator deciphers this crime, then it is necessary to turn to the Criminal Code of the Russian Federation, namely, Article 119 of the Criminal Code of the Russian Federation, part 1 .

A threat to kill is an action of a criminal, which in some way even implies mental violence , and if there are motives to fear the veracity of words, then threats to commit murder or cause grievous harm to health.

What is a threat?

A threat is a promise to cause harm to life or health, intimidation.
However, the problems begin with the very first step - with terminology. The above definition is taken from... an explanatory dictionary! There are no such descriptions in the legislation of Ukraine. Then, what are threats in terms of jurisprudence?

We’ll have to briefly turn to history, go through the timeline until today:

1. Tsarist Empire . Even during the Empire, threats were considered a criminal act. Threats to life or “causing violent acts in general” were considered punishable. In addition, the list of punishable acts extended deeply into all spheres of public life, right down to threats to parents, “a shipowner during a voyage,” or such an “exotic” problem for modern science as “a threat to a benefactor.”
2. Soviet Union . During the Soviet era, the list of punishable threats, although it lost some of the “exotic”, still remained quite lengthy. Threats to life, threats to cause bodily harm, destruction of property by arson, etc. were punished.
3. Modern Ukraine . The only thing left in modern laws is the threat of murder. This point is regulated by Art. 129 of the Criminal Code.

It is very important to understand that current legislation leaves only one type of threat punishable - the threat of murder . This is what all further proceedings will be based on.

Corpus delicti

The threat, as we have already understood from the meaning of the article, is one of the good methods or, in other words, methods of mental influence.

The purpose of such an act is, first of all, to intimidate the victim who hears such statements addressed to him.

Therefore, the objective side says that a criminal offense is precisely the threat of causing harm to health or murder.

If a threat is made, but with a slightly different semantic meaning, for example, a threat of theft, violence, kidnapping , this is a slightly different crime and does not apply to Article One Hundred and Nineteen.

The threat has a number of features that are commonly called “special”. So, the threat must first of all be specific , and secondly, real . If neither condition is met, it may not even be a threat.

This crime is committed in various ways. Sometimes intentionally, sometimes in a state of insanity or some kind of intoxication . In any case, each crime is individual and is also considered taking into account individual characteristics.

Objective and subjective side

In order to delve into the main elements and concepts of the article in more detail, it is necessary to parse it into four elements. The first and most important is the object of the crime , because it is in accordance with the object that we can say what harm, and most importantly, what is caused in connection with the commission of a crime.

The object of this act is the inviolable personal mental state of the citizen to whom moral or mental violence was applied.

The second, important aspect of the crime is the objective side . It is expressed in the fact that the victim receives information in one way or another that they want to cause him serious harm to his health or even death.

This can only be expressed verbally, as well as in gestures, statements, demonstrative actions, and so on.

A threat is a component of the objective side of a crime that can also be classified. There are two criteria for determining a threat; it can be objective and subjective.

An objective threat is a threat that could actually be used against the victim, and also carried out at that very moment.

A subjective threat is a threat that applied directly to the victim, and not to other participants in the conversation, for example, or even strangers.

Moreover, it is not at all necessary that the criminal really wants to carry out the threat put forward. It is enough that it was regarded as real .

If we talk about the subjective side, then it is expressed only in direct intent . The criminal knew what effect his words would have and wanted to achieve it.

If the offender spoke as a joke , but the victim and those around him took such a threat seriously, criminal liability from the culprit is not removed .

If we talk about the subject of a crime, then, of course, it is a person who has a number of characteristics. For example, the person must first be sane, have legal capacity from birth, and have reached the age of sixteen.

Qualification (signs)

The qualifying signs of such an act are reflected in Part 2 of Art. 119 of the Criminal Code of the Russian Federation . There are not many of them, but each of them is significant in its own way.

The first sign is the commission of a crime motivated by some kind of hatred . This could be hatred towards representatives of different concessions, ideology, race, and so on. The Russian Federation does not allow such stratification of society, therefore this situation is included as a separate feature. You cannot threaten a person just because his worldview is different from yours.

The same applies to the second group of qualifying characteristics, characteristic of social groups . In addition to social groups, a sign also includes classes . The state does not allow such an attitude, therefore all of the listed signs are aggravating.

Forms and objective signs of death threats:

• verbal. A verbal form can only be considered a threat if this very threat was clearly formulated and voiced in it. The verbal form can be heard over the phone, through a video message and in other possible ways. If the victim accepted such a threat as real, then the case is criminally punishable.
• with a knife. Threatening with a knife is primarily a demonstration of weapons. The victim, seeing the object with which they want to injure him, perceives the received threat more realistically. If the criminal does not even use a knife, but a similar object, but the victim regarded it as a bladed weapon - therefore the punishment remains the same.
• by phone. A telephone threat is a form of verbal threat. Sometimes the victim does not recognize the voice of the criminal, sometimes he does. A telephone threat is regarded as valuable evidence, because in some cases the conversation can be recorded and used as evidence in court.
• sms. An SMS threat is a written threat. It is easy to determine the author of such a message, even if you do not have such a number in your notebook. A threat via SMS is important evidence of the criminal’s guilt. Such a threat, unlike a verbal one, remains on an electronic medium and can always be presented to the detainee.
• via the Internet. A threat received on the Internet is also written. Modern technologies can help identify the author of such a message with great ease, however, not all law enforcement agencies are ready to take on such a case. The threat on the Internet must be recorded somewhere and presented as evidence.

Evidence of a crime

To prove a crime has been committed, it is necessary to collect all possible direct and indirect evidence:

• Find out the personal information of persons who witnessed the threat being voiced.
• If there were no witnesses in the process of making threats, and the attacker did not leave direct evidence of the crime committed, it is necessary to collect characteristics of the offender from neighbors and place of work.
• Description of the attacker’s life, presence of bad habits. The suspect's constant aggression in life may become a reason for admitting his guilt.
• The best evidence will be video or audio recordings.

By collecting irrefutable evidence, you can be confident in the successful outcome of the case.

Criminal liability. What's the threat?

The Criminal Code establishes liability for such an act.

Thus, crimes corresponding to part one of article one hundred and nineteen are subject to punishment in the form of compulsory labor under the control of the criminal correctional inspection for up to four hundred hours , as well as, in some cases provided for by law, imprisonment for up to two years .

Arrest may also be charged, that is, staying in a detention center for up to six or seven months , as well as serving a sentence of imprisonment in a maximum security colony .

for qualified characteristics . Thus, crimes corresponding to the second part are punishable by forced labor for a term of up to five years, as well as imprisonment for a term of up to five years, deprivation of the right to hold certain positions, and correctional labor for a term of up to six hundred hours.

Moral damage

The Civil Code provides for the recovery of moral damages for such crimes.

In the end, significant harm was done to your mental and moral health . You were forced to experience fear and discomfort and constantly expect an attack.

Of course, this has not been in vain for your general condition and mental health. Perhaps, in some cases, for physical health.

Taking all these factors together, we can conclude that you not only have the right, but also the obligation to recover moral damages from the criminal for the committed act.

Statement

If you receive a real threat, then do not wait for the possible actions of the criminal, but urgently notify law enforcement agencies about it .

Don't give in to panic and emotions. Act with composure. You can write a statement to both the prosecutor's office and the police .

At your request, you will be provided with a form and sample to ensure that your application is completed correctly.

In the application, be sure to indicate the authority where you are submitting the document, your initials and contact details, and also state in detail the essence of the problem, without giving vent to emotions. It would be good if you made links to the relevant articles in the law.

If you know information about the criminal , please include that as well. If not, write that you have no assumptions.

It’s good if you still have some evidence . The recording tape, witness statements and other things can significantly help in considering this case.

After this, take the application to the office, where you are given a document confirming this fact and you wait for the moment of initiation of a criminal case .

Download a sample death threat statement.

Where to go if you receive death threats?

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

Step-by-step steps for contacting the police:

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

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

Important!

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

ATTENTION!

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

Death threat

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

Lawyers' answers

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

Threat to life and police inaction

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

Lawyers' answers

Ryganov Igor

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

Threat to life

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

Lawyers' answers

Molodtsov Konstantin

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

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

What is the punishment?

According to Part 1 of Article 119 of the Criminal Code of the Russian Federation, the following types of punishment are imposed for committing such a crime:

• arrest;
• imprisonment for a term of two years;
• performing correctional work;
• performing mandatory work;
• fine.

However, not all of these punishments are suitable if the crime was committed by a minor.

arrest, fine (only in case of emancipation) or imprisonment are not applied to minors .

A minor is placed in a general regime correctional colony for a period half as long as the term served by adults.

However, minors carry out correctional and compulsory labor under the supervision of criminal correctional inspectorates on an equal basis with adults , but with the least amount of time.

How to prove?

A death threat can be considered proven if you have the necessary evidence . What can be considered evidence?

Evidence can be considered testimony of witnesses, a recording of a conversation, an SMS message with a threat, or a threat from a user on the Internet. If you can provide such evidence, the fact is considered proven.

also be considered evidence , because handwriting can easily be recognized through examination. The evidence is all around us, you just have to reach out and try to find it.

Actions when receiving threats

If a person hears a threat addressed to him and perceives it as real, he must do the following:

• Make every effort to smooth out the conflict and resolve the problem peacefully.
• Involve the maximum number of witnesses in the conflict who will provide assistance and call the police.
• Collect and save all evidence of the threat: video, SMS messages, online correspondence and other data.
• If threats are made over the phone, the conversation must be recorded.

Difference from attempted murder

As a rule, the differences begin right from the object of the crime.

In one case it is life and health , and in the other - mental state .

In addition to the object, differences arise from the manner in which a particular crime was committed.

In the event of a threat, there was only notification of the victim in some way. In the case of the assassination attempt, all preparations were made , but at the stage of execution something went wrong.

There are differences in the subject of the crime. In the case of an attempt, he is a person who has reached the age of fourteen , in the case of a threat - sixteen years .

Difference between attempt and threat

There is a difference between death threats and death threats. It is very difficult to correctly determine the elements of a crime in some situations.

An example is the following situation: neighbors of adjacent summer cottages had a fight over the adjacent territories. During the conflict, one of the participants in the dispute took his hunting rifle and, pointing it at his opponent, said: “Say goodbye to life!” Such a threat was perceived by the addressee as real. The situation can be classified under one of two articles, depending on the circumstances of the incident:

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1. Threat of murder. If nothing prevented the attacker from committing murder, but he did not do it.
2. Attempted murder. The reason for the undone murder was the intervention of third parties in the situation.

Arbitrage practice

Judicial practice on such crimes is extensive. Any investigative committee has heaps of similar cases. This happens not only because there are so many people in the world who hate each other , but because there are many situations when this happens.

For example, in a state of alcoholic intoxication, you can say something different, however, such behavior can be considered a threat, even if you did not mean it. The same cases include the state of passion .

There are often situations when a husband finds his woman with another and in a fit of rage, being in a state of passion , says that he will kill them. The unfortunates file a report with the police, although the husband cooled down after fifteen minutes and had no intention of putting what he said into practice. You can see more examples from judicial practice under Article 119 of the Criminal Code of the Russian Federation at the following link.

How to counter the threat?

If you are threatened with violence and a threat to your life, then the first thing you should do is file a threat statement addressed to your local police officer. It provides a detailed explanation of who (if you know this person), under what circumstances tried to intimidate you, and what they intended to do in revenge if you did not voluntarily do what the criminal ordered.

Yes, not everyone and not everyone can accept such a statement about the beginning of an investigation, but if there are witnesses to this, or a video or audio recording, then things can go much faster. And if all these circumstances are confirmed by facts, then the open criminal case will be transferred to the court to impose legal punishment. On our portal you can get free legal advice by phone and online.

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