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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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.
Deadlines for submission and review
Regardless of whether a person has been insulted, or is under threat, or may be in other danger, for example, reprisal or even murder, a decision based on the submitted application is made within three days. In some cases, the period can be extended to ten or even thirty days. The applicant is given a coupon on the basis of which he can track this period.
If the decision that was made does not correspond to the legitimate interests of a citizen, he has the right to appeal to another authority, which in this case is the prosecutor's office.
Reasons for filing a police report
In order for a person replete with threats of physical violence or even the death of his victim to be brought to justice as soon as possible according to the gravity of the offense, it is necessary to timely (immediately) report this by contacting law enforcement agencies.
The success of the entire event depends on how quickly and competently this is done. Thus, the primary role is played by the evidence base (audio and video recordings, witness statements, etc.), as well as a correctly drawn up application, which describes in detail all the facts available to the applicant and the materials supporting them.
As for the basis for filing a statement with the police about a threat to life and health, it may be the very fact of voicing threatening statements towards the applicant. However, as practice shows, quite often law enforcement officers refuse to initiate criminal proceedings due to the absence of the following distinctive features:
- A knife, gun or any other object that the aggressor threatens to use against his victim with the aim of causing physical harm;
- The attacker is physically superior to the one he is threatening, and also displays the behavior of a mentally ill person;
- At the moment of voicing his threats, the potential rapist is in close proximity to the object of his threats, while he attempts physical pressure (presses him against the wall, throws him to the floor, covers his mouth with his hand, etc.).
Thus, when deciding whether to declare a threat, one should be guided by the presence in a particular situation of one or more distinctive features from the above list. At the same time, you need to understand that each situation is unique, and therefore you should make a final decision on the advisability of filing a statement about a threat to life and health to the police, relying primarily on your own opinion.
It is also necessary to determine whether there was only a threat of violence, or whether the aggressor made an attempt on his life, in other words, tried to kill him. In the first case, the incident is limited to a verbal altercation with fragments of physical violence (hit with a hand, pushed), in the second, the attempt to kill is interrupted by the intervention of bystanders or law enforcement officers.
Since the punishments for these crimes are strikingly different, they should be interpreted as accurately and intelligibly as possible.
Statement of an impending crime affecting life and health
It often happens that a crime affecting life and health is known in advance. For example, you can find out in advance about an impending terrorist act, an attempt on life and health, or the organization of actions directed against a certain social group. If you know that someone's life is in danger, you must immediately inform government authorities.
Please note that filing a crime report is very simple. Firstly, you can freely present the narrative of upcoming events, the main thing is to clearly indicate all the important information you have . In this case, you can submit such a statement to both the police and the prosecutor's office. In this case, you will need to inform that this application is not of a general nature and requires urgent consideration. As soon as your application is accepted and reviewed, it will be forwarded to the authorized agency.
Info
Please note that these types of police reports are the only ones that can be filed anonymously. All other requests must be signed. This feature is connected with the fact that such a statement should not only protect the person who filed it, but also with the fact that it cannot be used to slander anyone, since the crime is not considered to have been committed.
Evidence of a threat
In accordance with Article 119 of the Criminal Code “Threats of Murder”, criminal proceedings regarding threats to the life and health of a citizen are initiated in a private-public manner, i.e. based on a statement from the victim. Therefore, the responsibility for collecting evidence rests entirely with him.
In order to bring a criminal to justice, it is necessary to collect sufficient evidence to confirm his guilt. They can be:
- Photocopies of correspondence via SMS, instant messengers or social networks, which contain fragments with death threats;
- Audio recordings (by phone or tape recorder) in which you can hear the aggressor threatening his opponent with physical harm;
- Video recordings, the content of which is similar to the content of audio recordings, but which also have visual evidence of potential violence (attempt to hit, beating);
- Photographs of threats captured on a wall, paper or other surface;
- Eyewitness testimony (if any).
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.
Drawing up an application
If you receive regular and completely plausible threats, the only sure way out is to immediately contact the police. In order for the submitted application to be considered urgently, without delay or replies, you should treat the preparation of the application with maximum responsibility and attention.
When contacting the police, you can report a threat either verbally or in writing. In the first case, the duty officer will record everything stated by the applicant independently, and then generate an appeal, which will then be registered and forwarded for consideration to an authorized employee.
When drawing up an application yourself, you can do it either by hand, on an A4 sheet, or electronically, on a computer. The electronic version of the application is considered the most convenient and complete, since it is initially structured as competently as possible, and therefore, at the end, the police officer will have in his hands all the information necessary for a comprehensive investigation of the situation.
Regardless of the format of the threat statement, it must contain the following sections:
- A cap. It contains the full name of the institution to which the application is submitted (in this case, a police department), the details of the head of the department (last name, first name, patronymic, position held), to whose name the written appeal is submitted, details of the injured party (last name, first name, patronymic , address of permanent, temporary or actual residence, contact telephone number);
Between the introductory and main parts the title of the document is written, namely, “Statement of a threat to life” or “Statement of a threat to kill.”
- Main part. Here, in a business style, the essence of filing an application is described, the actions of the person from whom the threats were received are described, how they were accompanied, where, when and in the presence of whom they occurred, what materials confirm this, what laws justify the accusations made;
- Requirements. Here, referring to specific articles of the Criminal Code of the Russian Federation, a request is made to law enforcement officials, namely, to organize an investigation into the fact of the submitted application and bring the guilty person to justice;
- Final part. It, in the form of a list, lists all the materials available to the applicant that prove the guilt of the accused person and confirm all the facts and circumstances stated in the main part.
- At the very end, the date of filing the application to the police is indicated, as well as the applicant’s personal signature and a transcript to it.
After submitting the application to the police, within the next 10 days after that it is subject to careful study; based on the information received, an inspection, inquiry and other events will be organized, which will subsequently determine the punishment for the accused citizen.
However, in some cases, law enforcement officers may refuse to accept a statement about a threat to life and health. In this case, the application should be submitted again, but to a different authority.
Sample
How to draw up and submit an application
The law allows for crime to be reported in writing or orally. For example, when faced with an open threat, you need to immediately call the police - a report of a potential crime will be registered, and employees of the Ministry of Internal Affairs must go to the scene to prevent illegal actions.
If you come to the police department with an oral report, you will be asked to write a statement on the spot, or oral testimony will be reflected in the procedural protocol. Then the statement or protocol will be registered in the KUSP (Crime Reporting Book), and you will receive a ticket 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.
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.
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.”
Main responsibilities and powers
The FSB adheres to the principles of humanity, legality, secrecy, respect and observance of human and civil rights and freedoms, and the unity of the system of government bodies.
According to Article 12 of 04/03/1995 N 40-FZ (as amended on 03/07/2018) “On the Federal Security Service”, the federal security service authorities are obliged to:
- inform the President of the Russian Federation and the Chairman of the Government of the Russian Federation about threats to the security of the Russian Federation;
- prevent, identify and suppress the activities of intelligence services, organizations and individuals of foreign states aimed at harming the security of the Russian Federation;
- obtain intelligence information;
- ensure the security of the Russian military forces;
- develop measures to combat corruption, drug trafficking, arms trafficking, and smuggling;
- ensure the security of defense complexes, nuclear power plants, industrial centers, large cities;
- support the mobilization readiness of the federal security service;
- carry out, within the limits of their powers, measures to ensure the protection and security of the State Border of the Russian Federation;
- suppress terrorist activities;
- eliminate weapons of mass destruction;
- carry out inquiries and preliminary investigations, conduct examinations.
FSB officers have the right to interact with persons who have given their consent. Also, soldiers are authorized to cordon off dangerous areas, check the documents of citizens of the Russian Federation and other people located in the country (if there is suspicion).
All powers of the federal security service are described in Chapter 3 of the Federal Law of April 3, 1995 No. 40-FZ “On the Federal Security Service”.
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).
When the court considers a case under Art. 119, he draws attention to the presence of the following characteristic features:
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.
Subjective assessment of the victim
In what cases should you contact?
Since the FSB is engaged in ensuring the security of the country, you need to contact this service in the following situations:
- If there is information about crimes being prepared or committed, espionage for foreign organizations, high treason, disclosure of state secrets.
- If extremist manifestations, incitement of conflicts and protests were noticed.
- With awareness of financial crimes and smuggling.
- Corruption and facts of extortion.
- Trafficking in drugs, ammunition and weapons.
- Theft of funds from the state budget.
The topic of property redistribution, which often takes criminal forms, is also a reason to contact the FSB. Another topic that is often present in statements is problems associated with foreign investment in the country’s economy and the activities of foreign companies and their representative offices in the Russian Federation.
Unfortunately, every year the FSB opens more and more cases of high treason and espionage for the benefit of foreign organizations.
There are a number of questions that can only be answered with the help of the FSB. This includes suspicions of surveillance, installation of bugs and cameras, and wiretapping of phones. This service has the obligation to license various types of special equipment for covert audio and video recording.
You should not use the security service to annoy your neighbor or boss. The slander will be exposed and the slanderer will be punished.
