How to withdraw a statement from the police and how long it takes to do this: rules and recommendations

A police report is one of the ways to report an impending or already occurred crime to the authorized authorities. Appeals to the police are different, and relate to absolutely any crime. You can write a statement both in case of harm to health and in case of an impending economic or criminal crime.

In some cases, the very fact of failure to report may be regarded as a criminal offense and amount to concealing a crime or failure to provide timely assistance to the victim.

It is easy to write an application - it does not require any skills or knowledge of the criminal or administrative code. This is due to the fact that the duties of law enforcement officers include assistance in writing various appeals and consultation on articles violated by a crime.

Correct sample

If you want to find a universal sample application to the police, then you don’t even have to try - the legislation of the Russian Federation is so extensive that it is simply impossible to create a universal form for applying to law enforcement agencies. However, you can find examples on the Internet based on which you can quite clearly imagine the type of future statement to the police. However, it is not recommended to simply rewrite them.

You can also ask for a sample at the police department itself. An authorized employee will not only provide you with a writing example, but will also have to take part in writing the application at your request. This is one of his duties.

Download

Sample application.doc

In a written form

In order for the claim to be registered in the system of the Ministry of Internal Affairs, and for the specified circumstances to be investigated in order to identify violators and bring them to legal responsibility, it is better to draw up such a document in writing, adhering to such rules and recommendations.

• It is necessary not only to indicate your postal (email) address, but also to provide a contact telephone number in case, when reviewing the facts, the responsible employee needs to urgently contact the person who complained about the violation of the law (for example, to clarify additional details).
• It is important to provide department employees with as much useful information as possible so that they can identify violators. Due to the fact that it is not always easy to identify the true culprit of an offense on the Internet, in the absence of such data the investigation process will be significantly delayed, which is clearly not in the interests of the applicant.
• The document can indicate what actions were taken to resolve the situation (for example, contacting the site management through the feedback form to inform about the posting of content that violated copyright, filing a claim with the electronic payment system, etc.).
• To complain about a violator, it is necessary to provide all the details of the incident to which the citizen is directly related (how events developed, when the fact of the offense was revealed, etc.);
• at the end of the document you should clearly formulate your demands (initiate a criminal case, bring offenders to justice, etc.).
• It would be a good idea to attach additional materials to the written complaint that will confirm the information reflected in the written document. If Department K initiates a criminal case, such materials may be added to the process in the form of evidence. If they are transferred in the application, it is important to make an inventory of them, reducing the likelihood of losing important materials.

You can complain in writing to division K through the Russian Post, using the address for receiving letters from citizens: 119991, Moscow, st. Zhitnaya, 16. The law does not indicate what type of correspondence should be used to file complaints, but it is preferable that it be a notification letter that can be sent from any branch of the Russian Post. In this case, it will be much easier to track when the letter was delivered in order to calculate the approximate time for receiving a response. Additional materials should also be included in the envelope (according to their description in the document), but it is important not to exceed the weight limit of the letter, otherwise it will not be possible to send it.

You can get reference information by calling 8 (495) 667-04-02.

Attention! Complaints cannot be made to Division K in writing via fax or email.

How to write

This is not as difficult to do as it seems. Despite the variety of laws, crimes and subtleties, a statement to the police is similar to standard statements. It consists of three parts: the header of the statement, the information part, and the conclusion.

The header contains the following data:

• Details of the police department to which the application is being submitted. In this case, you will definitely need to indicate to whom exactly the application is being submitted (you will need to indicate the full name of the head of the department, which can be obtained from any employee);
• Applicant details – full name, address, year of birth, contacts, other data. In this case, an application submitted anonymously will not be considered, however, anonymity can be requested during further consideration of the application.

The information part is the most important. It must describe in detail the nature of the incident, describe when and how it happened and who is guilty of it. The difficulty will be that the crimes are extremely diverse. Therefore, describe every detail and every participant, even if he is not related to the case. Don’t be afraid to write too much; in the course of further proceedings, the final list of accused and suspects will be established. If you still have difficulties, then do not hesitate to ask for help from lawyers or police officers.

The final part contains a list of documents that are relevant to the case. You will need to separately describe each document attached to the application. Also in the final part you will need to make an important note that you have been informed of liability for false denunciation. False denunciation is a very serious violation of the law, punishable depending on the seriousness of the charge.

Before the case is initiated

How to withdraw a statement from the police? To do this, you must first analyze the situation. If the crime is not too serious, and a criminal case has not yet been opened, there will be no problems with bringing the idea to life. In any case, this is what practice shows.

You just need to come to the place where you filed the complaint, and then write a new application to revoke the document you previously left. Try to describe the whole situation in the text. After this, the complaint will be withdrawn. There will be no negative consequences.

But such a situation does not occur so often. It is possible only when the victim firmly believed in the crime that occurred. This means that at the time of writing, the person did not know the whole truth and was in a hurry. Therefore, it is recommended to first verify that violations have been committed.

What do you need to write?

• Guilty person . In simple terms, this is the person the police report refers to. The accused may be an ordinary citizen (individual), a company or organization (legal entity) or an official. If the accused is unknown (as, for example, in the case of fraud);
• Time and date of the crime . Indicated only if it has already happened. If a crime is just being prepared, then it is worth indicating the approximate time of its planned commission.
• Corpus delicti. Namely, the action itself violates the law. You will need to describe in detail the event itself, the damage and other related factors. It’s better to ask a lawyer or a police officer for the article.
• Victim . This is either the person submitting the application or another citizen. You will need to provide as detailed information as possible about the person affected by the crime.

The legislative framework

To complain to Department K, you can be guided by a number of regulations, orders and laws:

1. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
2. Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996. (ed. dated December 27, 2018).
3. Code of Administrative Offenses of the Russian Federation No. 195-FZ dated December 30, 2001 (as amended on December 27, 2018).
4. Order of the Ministry of Internal Affairs of Russia “On approval of the Instructions on the organization of consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation” No. 707 dated September 12, 2013. (as amended by Order No. 770 dated December 1, 2016).
5. Order of the Ministry of Internal Affairs of Russia “On organizing personal reception of citizens in the central office of the Ministry of Internal Affairs of Russia via video communication” No. 1/788 dated January 31, 2014.

What to do if you refuse to accept?

As soon as you put your signature on the completed application form and note that you are familiar with the responsibility for false denunciation, they will no longer be able to refuse to accept your application - this is the responsibility of every police officer. Therefore, if you receive a refusal, then find out the name and title of the employee who refused you and submit a request to the prosecutor's office. Since this violation is related to the work of law enforcement agencies and security forces, an investigation will be initiated, the results of which will be reported to you separately.

Advice

In order not to waste time and not wait for the end of the check, contact a senior officer or another police department. They can refuse you only if the denunciation is obviously false.

A policeman is not a superman

Many people idealize the work of the police, believing that their employees are warriors of justice and goodness, called upon to save the unfortunate and disadvantaged at the first call. In reality, being a police officer is just a routine job, regulated by law and the tasks of superiors. A man in uniform has no right to rush into battle with a saber at the ready. He follows a procedure: upon receiving an appeal, he examines the facts and takes legal action to ensure a lawful result.

However, any police officers are just people who are capable of lying at work, showing callousness and negligence, taking bribes and evading tasks. The blue uniform does not transform a person into an ideal of honesty. In this profession, the law has the main force. And it’s much easier to communicate with the police if you are legally literate.

How long does it take to review?

There are three deadlines for reviewing an application. The fastest is three days. A criminal case begins as quickly as possible only if all the necessary evidence is available and there are no complications associated with the crime itself.

The second period is seven days. This is the most standard period for a thorough investigation of the application, conducting preliminary checks and preparing a criminal case.

And the last, maximum period is thirty days. A month is spent only on the consideration of complex criminal offenses or when there is a partial lack of evidence. To control the processing time, be sure to take a special receipt from the duty officer when submitting your application, recording the date and time of submission.

The police cannot work at all without a statement?

Maybe. It depends on the type of crime. In case of murder, a statement is not required; a criminal case will be opened after the discovery of the body. A rape report can be written by the victim or by someone who is aware of the events. Doctors can submit an application if they receive a victim of beatings or gunshots.

In case of material damage, theft, fraud, a statement from the victim is necessary. The statement does not guarantee prosecution; it is a starting point in checking the facts and finding those responsible.

Statement

Pros and cons of using the Internet to file a fraud report

Pros:

1. No connection to the working hours of organs.
2. A homely environment that allows you to calmly present the circumstances.
3. An alternative to a personal visit when the latter is not possible (for example, due to illness).
4. Reducing time costs.

Minuses:

1. The need to register or log in, which often causes difficulties.
2. Problems with the Internet portal.
3. Problems with connection.