Responsibility for threats
There are two articles in the Criminal Code of the Russian Federation under which you can be prosecuted for threats. Art. 163 of the Criminal Code of the Russian Federation defines liability for extortion. It is understood as a demand for money with threats to publish some information discrediting a person. Extortionists may also threaten to damage the victim's property or commit reprisals against him. However, this article punishes only crimes related to demanding money for inaction.
There is also a separate rule regarding liability for threats of murder and causing grievous bodily harm. This includes promises to take a life or use force sent via SMS or on social networks, the use of gestures that the victim interpreted as dangerous, the use of weapons against the victim, etc. For a criminal to be sanctioned, the threat must be real. In practice, the most difficult thing for the victim is to prove that he really feared for his life.
Liability depends on factors such as the identity of the attacker, his purpose and the presence of aggravating circumstances.
Extortion is punishable by:
- suspended sentence up to 4 years;
- arrest for up to six months;
- forced labor or imprisonment for up to 4 years.
Aggravating circumstances are considered:
- commission of a crime by a group of persons or an organized group;
- use of violence;
- large or especially large amount of money demanded by criminals.
The maximum term of imprisonment under this article is 15 years.
If death or injury is threatened, one of the following sanctions may be imposed:
- compulsory work up to 480 hours;
- suspended sentence up to 2 years;
- arrest for up to six months;
- forced labor or imprisonment for up to 2 years.
Note!
If the criminals were motivated by hatred towards a specific group of people, nationality or race, the maximum sentence is increased to 5 years.
Next, we'll look at what to do if you are threatened.
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Powers of collectors
Collection agency employees have the unconditional right only:
for postal items to the debtor (in this case, it is prohibited to indicate on the front side of the envelope the amount of debt and the very essence of the obligation);
- telephone conversations (no more than 1 time a day, 2 times a week, 8 times a month);
- personal conversations (no more than 1 time per week);
- text messages via mobile communications on social networks.
Moreover, they are allowed to do this within strictly designated hours:
- on weekdays - from 8 a.m. to 10 p.m.;
- on holidays and weekends - from 9 a.m. to 8 p.m.
Collectors know when they can call, but often violate these restrictions (see what a bailiff can collect for debts).
Where to turn if you are receiving death threats?
If you receive death threats, you need to contact the police. Your application must be accepted and verified, regardless of how the attacker makes his threats, whether he is known to you or not.
In the application, in addition to the details of the police department and your data, provide all known information about the alleged criminal. State all the facts and relevant circumstances of the case. Make suggestions as to what may be causing the offender’s behavior. Perhaps he is taking revenge for something or demanding money for non-disclosure of some data. All this will be useful to the police for their investigation.
Within 10 days, the application will be reviewed and a decision will be made to initiate proceedings or refuse. You can always appeal it to the head of the police department or the prosecutor's office.
If your health was harmed due to threats, you can recover damages from the attackers. To do this, calculate the amount of moral damage, justify it with receipts for payment for doctor’s services, purchase of medicines, and file a claim in court.
How to prove threats?
It depends on how the attacker operates. If he makes threats in person, record his words on audio, take contacts of eyewitnesses who can confirm what they saw in the police and court.
If the criminal calls, take a printout of the calls from the telecom operator. Record the telephone conversation to present the recording to the court. If you receive threatening SMS or threatening messages on the Internet, you need to take screenshots and attach them to the application to the Ministry of Internal Affairs.
Note!
To make law enforcement believe that the threat is real, show them the personality characteristics of the offender. Take a criminal record certificate, references from neighbors, a local police officer, or from your place of work. If the person has previously used a weapon or attacked you, report it. All this confirms that he can commit a real crime.
Other forms of interaction between the collector and the debtor
Other ways to achieve payment of the debt by the borrower are allowed only with the written consent of the latter. These may include:
- reporting to the debtor’s place of work about problems with debt obligations, reporting to work, communicating with superiors and colleagues;
- calls and visits to the place of residence of persons specified as contacts when concluding the contract;
- requirement for early repayment of the entire debt if there is a delay of less than 60 days;
- illegal actions provided for by administrative or criminal law (damage to property, insults, threats, slander), as well as situations where debt collectors threaten the debtor’s neighbors;
- communication with relatives, loved ones, spouses, children and parents of the debtor.
Restrictions on communication with relatives
Currently, the collector is prohibited from calling and asking relatives to pay off the debt. To obtain such a right, you must obtain written consent from the debtor and from the relative himself. All other cases of contact are illegal.
Where to go for psychological help if you are threatened?
Often, the goal of attackers is not to inflict physical violence on the victim, but to break her emotionally. Constant threats put pressure on the psyche, interfere with normal life and communication, and provoke a state of fear.
It is important that a person is not left alone with his problems. The Ministry of Internal Affairs hotlines are available 24 hours a day. You can view the number for your region on the department’s website. You can also contact a qualified psychologist for help. Of course, it is better to do this in parallel with the investigation of the crime, so that the attacker is found and punished.
In addition, you can always consult with an experienced lawyer. He will answer all questions, tell you how to communicate with criminals, and how best to act. If necessary, the lawyer himself will file a statement with the police and file a claim in court for moral damages.
Collectors on social networks
Recently, collectors have not only written “slogans” in the hallways of debtors. They also sit on social networks, trying to reach the debtor, establish his social circle and interests. Collectors explain their actions by saying that they are trying to establish the location of debtors who deliberately disappeared.
It is best in advance (or change your first/last name) so that collectors do not see your relatives, friends, or children. They did not write reminders or threats on your account. Or at least limit it with a “friends only” filter and set a strong password.
Does a debt collector have the right to write reminders or threats on the debtor’s social networks?
- According to the law, the form of activity of collectors when they write on social networks is classified as specially permitted. That is, there must be a written consent of the debtor.
- So, if you, as a debtor, have been written to on VKontakte without your permission (which none of the debtors will ever give), you have the right to contact the prosecutor’s office/police/SSP with a statement to ban the activities of the collection agency and violate your privacy.
- It does not matter whether they threatened you with violence or politely reminded you of your debt.
Latest questions on the topic: “what to do if you are threatened”
How to competently file a complaint against your ex-spouse who is threatening violence?
Good afternoon.
I want to file an application against my ex-husband, who, within a year after our divorce, has been threatening me with physical harm via SMS messages and messages on social networks. We have a common child, whom he also threatens to steal and take in a direction unknown to me. My ex-husband is a citizen of Ukraine; he has neither residence permit nor registration in Russia. Has arrears in child support payments. Please tell me where is the best place to go: write a statement to the police or make a statement directly to the court or prosecutor’s office? Thank you in advance! Elena, Moscow
what to do if you are threatened with physical harm
Lawyer: Tatyana Salomatova
online now
Write a statement to the police about threats of physical harm. Regarding the child, you have equal rights. Therefore, he will have the right to take the child, if you do not have a court decision, which states that the court has decided to determine the place of residence of the child with the mother. In this case, I recommend going to court and determining that the child lives with you. Then he has no right to take the child to live with him without another court decision
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What should I do?
The neighbor threatens to “turn him into the yellow house” and physical harm because of the noise at night.
Is loud laughter prohibited after 23:00? Evgenia, Volgograd
what to do if you are threatened with physical harm
Lawyer: Alexey Syazin
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Unfortunately, any noise is prohibited after 23.00. Administrative liability is provided for this.
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The collector is threatening physical harm, what to do?
Hello. I took out a microloan almost two years ago. I didn’t pay for a long time, I lost my job, I had problems in my personal life. Then last year they called from their collection service and transferred two thousand. The calls stopped. A month ago they called again, they say, let’s refinance. you will pay in installments. I came, paid 5 thousand, they gave me an agreement that states that I have to pay 5 thousand for 3 or 4 years. That’s more than 200,000! I called and said it was a lot, I won’t pay that much. everything stopped. yesterday again call, text: within 2 days 100,000 and in a month another 100,000!
I’m in shock. Today there’s a call from the region of the Komi Republic (I found this out from my operator) text: I’ll cut you and your family off, I’ll come and rip everyone’s belly open, etc., etc... hung up. Then calls again - we’re your duty sold to Chechens, urgently look for money... what to do?!? Help please. I’m ready to pay, but the amount I took was 8,000 rubles, but not 200,000! Yuri, Krasnodar
what to do if you are threatened with physical harm
Lawyer: Shokurov Dmitry
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You'd better contact the police with this question.
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Chairman of the HOA
Good afternoon
Our upstairs neighbor is flooding our loggia. Representatives from the housing office were called. Because we belong to the HOA, a fine was imposed on the chairman for failure to fulfill his official duties. The chairman wants to impose this fine on all apartment owners. Is it legal? Anna, Samara
what to do if you are threatened with physical harm
Lawyer: Irina Frolova
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Hello Anna!
For this to be legal, the chairman needs to hold a general meeting and the majority of owners decide to distribute the amount of the fine among everyone.
If the fine was issued specifically to the chairman, and not the HOA, then it is illegal.
Good luck!
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Lawyer: Irina Frolova
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And the fine was issued in the name of the chairman, not the HOA. If she called a meeting and everyone voted YES to dispersing the debt, would it be possible?
Anna
In this case, no, since the fine is on the chairman. The first lines of the answer were specifically about the situation where there was a fine on the HOA.
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Lawyer: Eduard Mirasov
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Hello Anna!
If your chairman was brought to justice under the following article of the Administrative Code
Article 7.22. Violation of the rules for the maintenance and repair of residential buildings and (or) residential premises [Code of the Russian Federation on Administrative Offenses] [Chapter 7] [Article 7.22]
Violation by persons responsible for the maintenance of residential buildings and (or) residential premises of the rules for the maintenance and repair of residential buildings and (or) residential premises or the procedure and rules for recognizing them as unsuitable for permanent residence and transferring them to non-residential premises, as well as reconstruction and (or) redevelopment of residential buildings and (or) residential premises without the consent of the tenant (owner), if the reconstruction and (or) redevelopment significantly changes the conditions of use of the residential building and (or) residential premises -
entails the imposition of an administrative fine on officials
in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.
those. The fine must be paid by the person himself. If he tries to pay off the HOA by actually abusing his powers, then he can generally be prosecuted.
Article 201. Abuse of power [Criminal Code of the Russian Federation] [Chapter 23] [Article 201]
1. Use by a person performing managerial functions in a commercial or other organization
, their powers contrary to the legitimate interests of this organization and
for the purpose of obtaining benefits
and advantages for themselves or other persons or causing harm to other persons, if this act entailed causing significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state -shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to four years. , or arrest for a term of up to six months, or imprisonment for a term of up to four years.
So point him to the article and let him curb his appetite.
Good luck to you!
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Lawyer: Eduard Mirasov
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If she called a meeting and everyone voted YES to dispersing the debt, would it be possible?
Anna
Theoretically, if the meeting decides to communicate, then it is legal (if there are forgeries of signatures, then the decision can be considered illegal). I just don’t understand why residents should vote for this. With the same success, he can ask to repay the loans for himself.
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What to do?
Hello, please tell me, can I limit the father’s communication with our four-year-old child? My ex-husband and his current wife threatened me with violence, I wrote a statement to the police. He demands a meeting with the child without my presence, I’m worried that he won’t give me my son. He refuses to attend a meeting in my presence.
Maria, Abakan
what to do if you are threatened with physical harm
Lawyer: Nadezhda Frolova
offline now
Hello Maria!
This point can be fixed in an agreement on the procedure for communication, or in a court decision - communication in your presence. In accordance with Art. 66 RF IC:
1. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education.
The parent with whom the child lives should not interfere with the child’s communication with the other parent, if such communication does not harm the child’s physical and mental health or his moral development.
2. Parents have the right to enter into a written agreement on the procedure for exercising parental rights by a parent living separately from the child.
If the parents cannot come to an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them).
At the request of the parents (one of them) in the manner established by civil procedural legislation, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the procedure for the exercise of parental rights for the period before the court decision enters into legal force.
3. In case of failure to comply with a court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical organizations, social welfare institutions and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.
That is, resolve the issue in court. The court will primarily consider the interests of the child. In court, you can present your desired communication schedule and ask the court to allow you to see each other in your presence.
With respect, Nadezhda.
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Lawyer: Elena Gorynina
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Maria, good afternoon. The law does not clearly establish (and it is impossible!) the procedure for communication between a parent living separately and a child. There is a rule enshrined in Article 66 of the Family Code - you cannot interfere with communication between a parent and a child,
if such communication does not harm the child’s physical and mental health or his moral development.
You have the right to conclude an agreement on how, when and where the father can communicate with the child; if such an agreement cannot be concluded due to disagreements between the parties, you must go to court, which considers such disputes with the mandatory participation of, in addition to the parents, the guardianship and trusteeship authority.
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What to do if threatened with physical harm
My wife and I rented a room from a friend and paid every month on verbal terms.
After we moved out, he started calling and saying that we still owed him for the apartment, I told him that according to the oral agreement, we had paid everything and owed nothing, and in response, threats of physical violence rained down. All threats were recorded on a voice recorder, what should I do in such a situation? Vasily, Perm
what to do if you are threatened with physical harm
Lawyer: Tatyana Zyryanova
online now
Good afternoon You can contact the police with a statement that your life and health are being threatened, and you can attach an audio recording as evidence
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Lawyer: Stanislav Neverov
online now
Good afternoon, Vasily.
In accordance with paragraph 1 of Article 163 of the Criminal Code of the Russian Federation, extortion, that is, the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of disseminating information disgracing the victim or his relatives, or other information that can cause significant harm to the rights or legitimate interests of the victim or his relatives - is punishable by restriction of freedom for a term of up to four years, or by forced labor for a term of up to four years with restriction of freedom for a term of up to two years or without it. , or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it.
Thus, I recommend contacting the police department at the place of residence of the former “landlord” with a statement about the crime; attach the recording to the application or report the presence of one.
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They are threatening me over the phone with further physical violence.
Hello, they are threatening me with physical harm over the phone, all the records are available, especially since a year and a half ago I was inflicted with moderate bodily harm by the same person who is now threatening me.
Then an examination was carried out, an investigation and a trial at which he was given a suspended sentence of 8 months. The question is, how should I act correctly and accurately in this situation now, since the threats are actually being carried out? Sergey, Krasnodar
what to do if you are threatened with physical harm
Lawyer: Egor Budin
online now
Hello!.. write a statement to the police. Provide the police with recordings of conversations.
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Homeowners association wants to turn off electricity
Hello!
I have a controversial issue with our HOA.
On February 3, a commission from the HOA and an electrician came to my home. According to them, I have unmetered energy consumption. And supposedly my wires are connected to the HOA networks. What they showed me in the counter, I didn’t understand anything. They began to threaten me that there would be heavy fines and criminal liability. Everyone attacked me, I was confused. They did not enter the apartment. Half an hour later they brought it and handed me a violation report. I didn’t sign there because the owner of the apartment is my mother. My minor daughter and I live in this apartment. I pay for electricity to Energosbyt. There is even a slight overpayment on receipts.
A week later, at a HOA meeting, they told me the amount for unaccounted electricity consumption - 21,000 rubles. I said that I didn’t agree with the charges, and I wouldn’t pay anything, let them go to court. Then they said that they would no longer communicate with me, because I am not the owner.
On 24.02 there was a call from the senior at the entrance. She said that tomorrow a commission from the HOA would come and warn me about the power outage. I asked for a warning in writing. To which they answered me verbatim: “The act was a warning. “We’ll turn off the electricity, you guys will pay for everything.”
What should I do now? Should I wait for the disconnection or should I file a complaint somewhere?
Marina, Novosibirsk
what to do if you are threatened with physical harm
Lawyer: Olesya Shevchuk
online now
First, it’s worth understanding why the HOA has questions about energy consumption. You can call an electrician for an “examination” to determine whether the HOA’s claims make sense. What you described here sounds like extortion. No organization has the right to intimidate you. Contact the police department with a statement that you are being extorted money without reason. If you are not the owner of the property, you cannot demand payment; by the way, it is not clear where the amount of 21,000 rubles came from, the HOA is obliged to justify such an amount.
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Legal basis for the work of a collector
There is no law on the activities of collection agencies in Russia yet. At the same time, there is a law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” and “On consumer credit”. They detail the powers of the collector and the restrictions on invading the debtor’s personal life. These standards also regulate the work of bank and other employees in debt collection. See also liability for non-payment of a loan, and what the bank can take away if there is no money to pay the loan.
One of the main things is that collectors can engage in collections if they are included in the register of debt collection organizations. Such information is contained on the official website of the FSSP.
Collectors call about other people's debts
Often, collectors do not press on the debtor, but on the person who has no debts (see who pays for the loan of the deceased). If there is no loan and never was, but collectors are calling, then you can try to explain the contact error, the lack of debt obligations and arrears. This is usually enough to stop calls about someone else's debt. Otherwise, the algorithm of action is the same as that of the debtor. See also whether a wife must pay her husband's loan debt if he does not pay.
In addition, knowing how debt collectors can threaten a loan, it is better to resort to an additional measure: go to the bank in whose interests the debt collector is acting (he is obliged to introduce himself and provide information about the loan, the bank, the amount of the imaginary debt) and write a statement indicating lack of grounds for employees working with problem loans to contact you.
Links to legislative acts
- Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” Article 8. Restriction or termination of interaction with the debtor
- Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” Article 9. Notification of the debtor about the involvement of another person to interact with the debtor
- Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” Article 4. Methods of interaction with the debtor
- Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities for the return of overdue debts” Article 13. Requirements for a legal entity carrying out activities for the return of overdue debts as the main type of activity included in the state register, its founders (participants), bodies and employees
