Application to the police about a threat to life and insult: a sample of drafting and grounds for contacting law enforcement agencies, rules for filing and deadlines for consideration

In accordance with the Criminal Code of the Russian Federation, a threat to life and health is classified as a serious violation, for which the person who has become its victim has the right to demand not only that the guilty person be brought to criminal responsibility, but also that he be punished according to the severity of the consequences (neurosis, insomnia, mental disorder) compensation for moral damage.

In this article, we will tell you what can serve as a legal basis for filing a complaint with the police about a threat to life and health, how to draw it up correctly, what documents to attach to it, and what consequences to expect after filing it.

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Threats to life and criminal law

Threats can bring a person to a state of panic or nervous breakdown, and therefore are recognized as a criminal offense. They are considered both as an independent crime (Article 119 of the Criminal Code of the Russian Federation) and as part of other violations, for example, extortion (Article 163).

Reality of threats

The attacker must not just make intimidating speeches, but make the victim believe that the “promises” can be fulfilled. “The power of persuasion” is ensured by the demonstration or use of weapons or other objects that can cause bodily harm, assault, etc.

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It does not matter whether the offender intended to carry out his threats or not, the main thing is that the victim sincerely believed that a real threat loomed over his life and well-being.

Often the perpetrator inflicts minor or moderate bodily harm on the intimidated person in order to demonstrate the feasibility of ominous “promises.”

Threats to human health and life are a crime of public prosecution. This means that the case is initiated not upon receipt of a statement from the victim, but upon the discovery of a violation of criminal law.

A victim who contacts the police station does not have the right to later withdraw the statement, as is possible, for example, in the case of beatings. The criminal investigation will not stop from such a step.

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.

How to submit

To contact the Police with a statement about a threat to life and health, the onset of consequences is not necessary; the threat itself is sufficient. In this case, the initiation of a case may be refused.

To initiate a case, the threat must have certain characteristics:

a weapon (firearm or bladed weapon) or objects simulating weapons was pointed at the victim, as well as the physical superiority of the threat;
lack of opportunity for the victim to escape, call for help, or resist.

In the process of drawing up a statement, it is necessary to indicate in as much detail as possible under what circumstances the threat was made, what actions it was accompanied by, and what served as the reason.

Important! A distinction must be made between threats to kill and attempted murder. In the second case, the murder is prevented due to circumstances beyond the control of the perpetrator: he is stopped by eyewitnesses, police officers, or due to force majeure he is unable to carry out his intentions.

These actions form various elements of crimes, and various criminal sanctions are provided for their commission.

It should be noted that death threats cases are cases of private-public prosecution. This means that the prosecution is represented by the victim, and he is entrusted with collecting evidence in full.

The following documents are acceptable as evidence:

screenshots of correspondence in instant messengers, social networks or SMS correspondence;
recordings from a voice recorder;
videos and photographs;
recordings of telephone conversations.

Weighing evidence is the testimony of witnesses; you can also provide a description of the accused, drawn up at the place of his work or residence. The characterization must contain indications, for example, of the accused’s aggression, inappropriate behavior or alcohol abuse.

The application is considered within three days, after which a decision is made to initiate a case or refuse to initiate it. This is due to the fact that the victim’s life may be in danger.

In this case, the review period may be extended to ten or thirty days. If the decision made does not ensure the protection of the rights of the victim, he can submit an application to other authorities.

Please note! You can submit your application in person or by mail. It should be taken into account that when filing a claim in court, territorial jurisdiction is determined by the place of residence of the person who threatened the victim. The primary jurisdiction for cases in this category is the district court.

An appeal to the Prosecutor's Office is drawn up according to the same algorithm as an application to the Police. The only difference is the header of the application, which indicates a different body.

You can submit an appeal either personally or through a representative. It is acceptable to submit an application by mail.

As a rule, the Prosecutor's Office carries out a more thorough investigation into cases of harm or threats of harm to the life and health of citizens.

Terms of consideration

Citizens' appeals are usually considered within one month. If additional verification of the application is not required, it is considered within fifteen days. Within the specified period, appeals from deputies and human rights commissioners are also considered.

If urgent action is required, the application will be reviewed immediately. The period may be extended if the prosecutor or his deputy requests it.

Complaints that are considered in criminal procedure are considered within 3 days. In this case, only working days are taken into account.

It should be noted that the facts contained in the statement of claim must be confirmed with the help of certain evidence.

Contents of the claim

Article 131 of the Civil Code of the Russian Federation establishes the form and content of the statement of claim. The claim must be filed with the court in writing.

Remember! According to paragraph 2 of Article 131, the statement of claim requires the following information:

the name of the court in which the claim is filed;
information about each party (full name, residential address);
information about how, when and under what circumstances the plaintiff was harmed and his rights were violated;
evidence that the plaintiff refers to in support of his claims;
cost of claim;
list of documents constituting the annex to the claim;
date and signature.

At the same time, the document also indicates additional information if it is significant for the case. The case is heard in federal court within two months from the date of receipt of the statement of claim.

Once the application has been considered and there is sufficient evidence, proceedings are initiated. The court establishes the elements of the crime, as well as the guilt of the person who committed it. The convicted person is subject to the punishment provided for in Article 119 of the Criminal Code of the Russian Federation.

Attention! Part 1 of Article 119 of the Criminal Code of the Russian Federation establishes the following types of punishments:

compulsory work lasting no more than 480 hours;
forced labor for up to two years;
restriction of freedom for up to two years;
imprisonment for up to two years;
arrest for a period of not more than six months.

Part 2 of Article 119 of the Criminal Code of the Russian Federation establishes the following types of punishments:

forced labor for up to five years;
imprisonment for up to five years.

In this case, additional types of punishment may be applied to the convicted person:

ban on holding certain positions for up to five years;
ban on carrying out certain types of activities for up to five years.

In the presence of aggravating circumstances (for example, bodily injuries), the term of imprisonment can be increased to five years.

Insulting incurs administrative liability under Part 1 of Article 5.61 of the Code of Administrative Offences. The type of punishment is a fine.

The amounts of fines vary depending on the subject of the offense:

fine for citizens - up to 3,000 rubles;
fine for officials - up to 50,000 rubles;
fine for legal entities – up to 500,000 rubles.

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The minimum amounts of fines are 1000 rubles, 30000 rubles, respectively. and 100,000 rub.

Important! If the insult was public (contained in the media or in a public work), the fine amounts in accordance with part of Article 5.61 of the Code of Administrative Offenses of the Russian Federation are as follows:

from 3000 to 5000 rub. – for citizens;
from 10,000 to 30,000 rub. – for officials;
from 100,000 to 500,000 rub. - for legal entities.

Public insult is an insult that is committed in such a way that it becomes known to an indefinite number of people, for example, when posted on the Internet in the public domain, in a printed publication, or when speaking in public.

If the insult was voiced in a personal conversation or contained in correspondence between two persons on social networks, it is not public.

Part 3 of Article 5.61 of the Code of Administrative Offenses of the Russian Federation also provides for penalties for persons who did not take measures to prevent the commission of public insult.

Moreover, this sanction applies only to officials with appropriate authority (editor-in-chief of the journal, owner of the site or its administrator, etc.), as well as to legal entities.

This means that the authorized person has the responsibility to suppress public insults, for example, by refusing publication.

If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write! We will help solve your legal problem.

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

The role of the witness

Calling a witness to the police.

An eyewitness is a key figure in criminal proceedings in cases involving threats to life and health. The court's guilty or acquittal decisions are based on his testimony. The legislative framework of the Russian Federation places responsibility for searching and attracting witnesses on the injured party.

Timely appeals to law enforcement agencies by eyewitnesses of the impending crime saved many lives. The civic duty of every Russian is to immediately report to the appropriate authorities about probable offenses that he is ready to witness. Legal norms provide for the possibility of anonymously filing a statement about planned criminal actions.

Bullying is 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:

disablement;
facial disfigurement;
causing traumatic brain injury;
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.

The legislative framework

The procedure and extent of prosecution for threats of murder and infliction of grievous bodily harm are regulated by Article 119 of the Criminal Code of the Russian Federation.

If the person against whom the threats are made has reason to believe that they may come true, he will be able to ensure that the perpetrator is subject to one of the following penalties:

Restriction of freedom for a term of up to 24 months, administrative arrest for a term of 4 to 6 months, imprisonment for a term of up to 24 months.

However, these penalties are imposed provided there are no aggravating circumstances. If they are present, i.e. If it is proven that the threats were voiced for political, racial, national, ideological or religious reasons, the guilty person expects:

Imprisonment for up to 2 to 5 years + restriction to hold a certain list of government positions + restriction to engage in certain types of business for up to 3 years.

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:

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

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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.”

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.

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:

video and audio materials;
recording telephone conversations;
screenshots of correspondence on the Internet;
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

To ensure your safety, the document can be sent to any police department at any time of the day or night. But it is better if it is immediately submitted to the department in whose jurisdiction the illegal act was committed. If the application is of a collective nature or is submitted on behalf of an organization, then the direct applicant must have a power of attorney to carry out these actions.

In addition to visiting the ATC unit in person, submitting an application via a virtual network is currently permitted. The police are required to review it even if it is not signed by a specific person. To do this, you need to go to the official website of the police. To submit an application, you do not need to pre-register on this resource, since there is no personal account provided here.

Statement about a threat to life and health: sample drafting

Threat to life and health is a serious offense for which there is an article in the Criminal Code. The police are required to respond to every report of a threat to life. Threats are not always carried out, which, of course, is for the better, but intimidation never leaves its mark on the victim.

A person who has reason to believe that these threats will be carried out loses the opportunity to work normally, experiences stress and has every reason to demand, in addition to criminal punishment, compensation for moral damage. In this article we will talk about where to go if you are threatened, how to correctly draw up a statement and how to prove the fact of the threat.

The offense still needs to be proven, which can be difficult. And besides evidence, first of all, you need to be able to promptly write a statement. After all, the faster the victim writes it, the faster the police will respond.

In order to contact the police regarding a threat to life and health, this very fact is enough. However, in most such cases, the police may refuse to open a criminal case. The point is that intimidation must have several distinctive characteristics in order for it to be taken seriously by law enforcement.

Here are some conditions:

bladed weapons or firearms aimed at the victim or objects that can serve as weapons. Physical superiority of the offender or his inappropriate behavior;
the attacker is in close proximity to the person he is threatening, has pressed him against the wall, there is no way to call for help, etc.

Of course, each case is individual and when drawing up a statement, you need to describe in as much detail as possible the circumstances and reason for the quarrel.

In this case, it is necessary to distinguish between a threat of murder or violence and attempted murder. In the first case, everything is limited to words and possible assault. In the second, the murder is prevented by eyewitnesses or police officers. These are completely different crimes and the punishment for them according to the Criminal Code of the Russian Federation is different.

A statement to the police about a threat to life and health will be the basis for a pre-investigation check. If the facts stated by the applicant are confirmed and the threat is recognized as real, an administrative or criminal case will be initiated. In this material we will tell you what is meant by a threat to life and health, and how to correctly write an appeal to law enforcement agencies.

A punishable act is the threat of causing harm to health or deprivation of life. To bring criminal liability for a threat, the following circumstances must be confirmed:

punishment will follow if a threat of murder or grievous bodily harm was received;
it will be checked whether the applicant had grounds to fear such a threat, i.e. her reality;
if the threat is translated into action by the violator, i.e. violent acts will actually be committed, punishment will follow for a crime against the person.

Thus, in order to initiate a criminal case, it is necessary to confirm that the threat consisted of the possible infliction of serious harm to health or deprivation of life.

Obviously, if the threat expressed a real intention to kill, described in detail the method of taking life, it is quite simple to prove such a fact.

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However, if a threat of bodily harm is made, law enforcement agencies will evaluate its possible nature.

Depending on the circumstances, a threat can be made in the following ways:

during a personal conversation or conflict between the victim and the offender;
orally in the presence of witnesses;
in writing, including correspondence on the Internet, via SMS, etc.;
by phone, via video communication.

The manner in which the threat is made will not affect the procedure for prosecution. However, when filing a complaint with the police, you need to confirm that you faced threats that were perceived as real. To do this, it is advisable to have evidence - written documents, screenshots of email correspondence, audio and video recordings, eyewitness testimony.

If, when making a personal threat, weapons or other dangerous objects were demonstrated, it is possible to initiate a case for attempted murder or causing grievous harm. In this case, it will be established whether the violator actually intended to carry out his threat and whether he began to use weapons.

The punishment for a threat to kill or seriously harm one’s health will be much more severe if it was made based on political, social, racial, or other hostility or hatred.

Even if you do not indicate such facts in the statement (for example, due to ignorance of criminal law), the police will be obliged to check all the circumstances of the threat.

If particularly dangerous motives of enmity or hatred are identified, the case will be initiated under Part 2 of Art. 119 of the Criminal Code of the Russian Federation.

you will be asked to write a statement on the spot, or oral testimony will be reflected in the procedural protocol;
the application or protocol will be registered in the KUSP (Crime Reporting Book), and you will receive a coupon 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.

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.

How to prove the presence of a threat of murder or grievous bodily harm?

As stated in Art. 74 of the Criminal Procedure Code of the Russian Federation, evidence in a criminal case is any information on the basis of which the court, prosecutor, investigator, inquirer establishes the presence or absence of circumstances to be proven in criminal proceedings, as well as other circumstances relevant to the criminal case.

In other words, the victim has the right to submit to the court factual data on the basis of which the presence or absence of a crime, the motives for the crime, circumstances affecting the degree and nature of the responsibility of the accused, as well as other circumstances characterizing the personality of the accused, the nature and extent of the damage caused by the crime will be established. etc.

In 2021, the following will be accepted as evidence in a threat case:

Expert opinions;
Testimony of the victim;
Testimony of witnesses (virtually any persons can become witnesses in a criminal case, with the exception of those listed in Part 2 of Article 56 of the Code of Criminal Procedure of the Russian Federation);
Audio and video materials (for example, voice recordings or recordings from city surveillance cameras);
Recordings of telephone conversations (you can record threats over the phone using free smartphone applications)
SMS messages or emails (if threats come in the form of messages or comments, it is recommended to take screenshots and have them certified by a notary).

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.

Institutions of appeal

As a rule, most statements regarding received threats are submitted to the police at the place of permanent, temporary or actual residence. Unfortunately, sometimes these attempts are not crowned with success, and the application, due to the lack of compelling reasons and aggravating circumstances, is returned to the citizen who submitted it.

In addition, quite often, statements about a threat or attempt on life are perceived as a false denunciation, and therefore remain ignored. If you find yourself in such a situation, you can resolve it by contacting one of the following authorities:

Prosecutor's Office;
Ministry of Internal Affairs. The most convenient way to submit an application to this body is to use the official State Services portal.

An application to the prosecutor's office is drawn up according to the same procedure as an application to the police. In this case, a standard form for drawing up a standard document form is used as a sample. To make filling out easier, you can use a sample downloaded freely available on the Internet.

An electronic appeal submitted through the State Services portal requires preliminary registration on the website, and only after that – the preparation and sending of the appeal.

If the accusation is confirmed to be false, the applicant who reported the threats he received will be prosecuted under Article 306 of the Criminal Code of the Russian Federation “False denunciation”, as a result of which he will be forced to pay a fine of up to 120 thousand rubles or up to 24 months in prison.

Where else can you apply?

In addition to the Police, if you receive a threat, you can submit a statement to the following authorities:

bodies of the Prosecutor's Office;
court.

Telephone hooliganism: article of the Criminal Code of the Russian Federation.

Whether there is criminal liability for stalking a person, read here.

How to file a complaint about illegal detention by police officers, what to do, read the link:

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.

Terms of consideration

If urgent action is required, the application will be reviewed immediately. The period may be extended if the prosecutor or his deputy requests it.

Complaints that are considered in criminal procedure are considered within 3 days. In this case, only working days are taken into account.

Watch the video. How to file a police report: