If you receive threats regarding your health or life, it makes sense to file a complaint with the police. The threat of murder or harm to health entails criminal liability for the perpetrator. If your application is refused, you can file a complaint about the inaction of police officers with the prosecutor's office.
Relationships between former spouses often develop into real hostility. Sometimes it comes to the point that husbands threaten their ex-wives. Anything can serve as a reason for threats: the mother does not allow her to see her child, she has taken the baby to another city, she does not want to communicate with her ex-husband, etc. Any threat can cause fear in women.
Fear for your life and the life of your child may also be due to the fact that the ex-husband drank during their marriage, showed aggression, and beat the woman and/or their children. Therefore, if a man begins to pose threats to health or life, you cannot ignore this and let things take their course. You need to know how to protect yourself and your children.
So what to do
Women who are faced with threats from their ex-husband do not always know what to do about it. Some think that these are just words, while others do not know where to run to seek protection. The law provides ways to protect ex-husbands from arbitrariness if they threaten violence.
Threats to kill or cause grievous bodily harm are a criminal offense under Art. 119 of the Criminal Code of the Russian Federation. The police are involved in solving crimes. Therefore, you should submit your application there. It is advisable to have some evidence that threats were actually made. For example, audio or video recordings, recordings of telephone conversations, screenshots of SMS messages or copies of letters. It is important not just to convey information in words, but also to have confirmation of it.
Liability for death threats
Criminal liability can only be achieved when threats are made to kill or cause serious harm. Threats of minor harm are not sufficient consideration under criminal law. Complicating the task is the fact that police officers often avoid initiating such cases, since it is quite difficult to prove the fact of the threat. Difficulties also arise with the classification of such actions: it is necessary to prove that the threat can actually lead to consequences dangerous to life and health.
For threats containing promises to kill or cause serious injury, the following penalties are provided (depending on the individual details of the case):
- compulsory work up to 480 hours;
- restriction of freedom up to 2 years;
- forced labor for up to 2 years;
- arrest up to 6 months;
- imprisonment for up to 2 years.
If the reason for the threats was hatred of a particular social (or other) group to which the victim belongs, then the punishment may be:
- forced labor for up to 5 years (with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years);
- imprisonment for up to 5 years (with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years).
Thus, the criminal measures provided for systematic threats can be called harsh, but the difficulty of proving the fact of danger aggravates the matter. In addition, simple words are not enough to initiate a case, since they are not supported by corresponding actions, which makes it impossible to confirm the seriousness of the aggressor’s intentions.
In such a case, the qualifying feature necessary to initiate a criminal case may be evidence that the likelihood of the threat being carried out was high. For example, the fact that at the time the threat was uttered, the person was holding a weapon (or an object that could serve as one), as well as his performance of specific actions regarded as the implementation of the threat (strikes, strangulation, etc.).
If the police don't respond
Police officers are obliged to accept the statement and respond to it. In practice, sometimes such a statement is rejected, citing the lack of corpus delicti.
Indeed, there are some difficulties in qualifying crimes under Art. 119 of the Criminal Code of the Russian Federation. A person can be prosecuted under this article if there are real grounds for carrying out a threat. For example, if your ex threatens to beat you up, then the crime is considered committed not when he said so by phone, in the form of SMS, etc., but when he tries persistently (in an aggressive form) to enter your home.
An objective assessment of the situation and the conditions under which threats occurred is important. But in any case, the police must accept the application, consider it and provide the applicant with an answer about the progress of the case.
Important: If law enforcement officers do not find a crime in the actions of the ex-husband, then at least they will have a conversation with him. Perhaps he doesn’t even realize that such actions can seriously pay (get a prison sentence).
If the police did not accept the statement of threats or did not give any response to it, you should contact the prosecutor's office with a complaint about the inaction of law enforcement officers.
How to prove the fact of threats?
The following can be used as evidence of threats:
- witness's testimonies;
- video recording, audio recording;
- screenshots of correspondence, posts, publications on social networks;
- letters, including emails;
- photographs, notes, messages in instant messengers.
The lack of evidence is not a reason not to contact the police. The very fact of threats and the written statement are grounds for starting pre-trial proceedings
Threats to take the child
Ex-husbands do not necessarily threaten physical violence. Often they make threats to take the child away from the mother, take him away from the country, or something else like that. Such statements, of course, have nothing to do with Art. 119 of the Criminal Code of the Russian Federation. If, for example, a father kidnapped a child, then another article of the Criminal Code of the Russian Federation applies - Art. 126. But this is the case if the minor’s place of residence is determined with the mother, and the father, without her knowledge, took the child to an unknown direction.
Conclusion: conflicts between ex-husband and wife often reach the point where threats are made. You need to be careful with such statements, since criminal law provides for an article if threats involve causing harm to a person’s health or taking his life. To protect your rights, you can contact the police for investigation.
Corpus delicti
According to Article 119 of the Criminal Code of the Russian Federation, the corpus delicti include the following:
- the subject of the crime is a person 16 years of age or older;
- the object of the crime is human health and life;
- the objective side of the crime is the spread of threats to a person’s health, his life, as well as the health and life of his family members and close people;
- the subjective side of the crime is the direct intent to intimidate or make threats come true.
Threat assessment is a complex and ambiguous issue during pre-trial and trial proceedings. To do this, the nature of the relationship between the victim and the criminal, the circumstances of the conflict, the nature of the threats, as well as the personality of the offender and the victim are studied. The nature of the latter is studied in detail, since the threats could have been provoked by the victim.
The nature of the threats can be:
- objective, which can be translated into reality instantly;
- subjective, which is rather psychological in nature, the goal is to scare and suppress a person.
The corpus delicti is already present at the stage of verbal threats
Specify the loan agreement number and the amount of debt
If a debt collector calls you, please clarify what kind of loan agreement we are talking about. There are times when there is confusion and you may be presented with claims for someone else’s debt. If there is no error, find out the amount of debt. It should not differ significantly from the amount that the bank told you at the time. The difference can only be in the amount of fines and penalties.
At the beginning of communication with the claimant, be sure to ask him to introduce himself and name his position. You must know who exactly you are dealing with. This question forces many collection agency employees to be more correct in further conversations, because there is no “anonymity” effect.
Make sure it is legal to transfer your loan debt to collectors
The bank can transfer your loan for collection to third parties only in two options:
- According to Art. 382 of the Civil Code of the Russian Federation, when the debt is completely assigned to a third party. In this case, the lender changes. The debtor's consent is not required for this.
- An agreement is concluded between the bank and the collection agency, in which the latter assumes the functions of a debt collector. This possibility must be specified in the loan agreement.
In both cases, the borrower must be notified of the changes. If this does not happen, then in the first option the borrower has the right to repay the debt to the original creditor; in the second, he can simply ignore attempts at communication from collectors. This way you can stall for time. In turn, banks try to correct the mistake by sending a notification by registered mail. After this, it will be more difficult to evade interaction with collectors.
Contacting the police
When contacting the police regarding incoming threats, you must fill out a statement detailing the circumstances of the case. The appeal should display the following information:
- where and from whom the application is submitted;
- information about the offender, if available;
- the circumstances of the case when the threats began to be received;
- attached documents, evidence;
- date and signature of preparation.
When submitting an application, you must receive a notification coupon indicating that the application has been accepted.
Threatened personally
If threats occur in a personal meeting, it may be quite difficult to record the fact of statements or actions. Witness testimony can serve as proof. If the situation occurred in a place equipped with CCTV cameras, recordings from them can be requested. However, even if there were no eyewitnesses or video threats, the victim can contact law enforcement agencies and report in what situation, under what circumstances, and by whom the threats to his life or health were voiced.
A common situation is threats from collection agencies. However, even intimidation with a demand to fulfill a citizen’s legal obligations (to pay a debt) is illegal. The target of the threats must contact law enforcement authorities, describing the situation and indicating the legal name of the collection agency.
Another common situation is receiving threats from relatives or ex-spouses. In this case, it is recommended to simultaneously seek help from the crisis center and law enforcement agencies. This is especially true for women who are intimidated by their spouse or cohabitant.
Note!
Centers operating around the clock are ready to provide temporary housing, assistance from psychologists and lawyers who will help protect interests in court.
How do collection agencies work?
If we are talking about an agreement with a bank, the activities of agents come down to calls persuading a person to pay the debt. They do not have any rights to receive funds from the borrower. In the case of an assignment, the agency provides the client with new details and may offer its own terms of payment, but with the caveat that the amount cannot be greater than the obligations that the person already has. Collectors cannot charge additional interest or apply their own penalties. In case of successful cooperation, the client pays the debt to the agency and remains free from obligations.
General situation
To the article “Application to the prosecutor’s office: how to write a complaint,” user Zell15 sent a comment that the editors of MOLNET.ru cannot ignore. Because each of us could find ourselves in such a situation. Here is this comment: “A man is threatening me and my mother... He periodically calls my mother’s home, mobile and work phone with threats... this has already been going on for more than six months. Mom contacted the police and wrote a statement more than once, but there was no point... I... tried to talk to him, but in response I heard only threats. About a month ago that person called me and said that he would come to talk to me. The conversation didn't work out and a fight broke out. At the end of March... he kept watch for my mother near work and tried to force her into the car. Mom wrote another statement against him. But he still calls... What should we do? Where to turn if the police don’t help?
We wrote about threats from loved ones and domestic violence in the article “Parents Beat: What to Do?” Part of the text was devoted to domestic violence against adults. Now let's talk about threats from former relatives or strangers.
Trigger (trigger), a term in psychology that denotes the reasons for any human reaction.
First and foremost, do not panic, act after thinking. Secondly, counteract aggression by legal means, otherwise, no matter what, you yourself will find yourself in the dock for exceeding the limits of necessary defense. Thirdly, do not provoke the aggressor and try to assess his mental and physical state. Speaking very generally, the following can pose a danger: people with mental disabilities, mentally healthy people who value too much the right of the strong, and people under the influence of substances (alcohol, drugs). It’s clear that everyone has their own “cockroaches”, and if you know the aggressor’s triggers, don’t pull them; and don't get into trouble. We wrote about what to do and how to behave in cases of mental disorders and the notorious “delirium tremens” in the article “What to do if a loved one has a mental disorder.” Fourthly, the law (Federal Law “On Police”) places the responsibility to protect us from all punishable misfortunes on the prosecutor’s office and the police.
Self-defense courses in Moscow for men, women and children: how to choose and what to pay attention to? >>
Claiming compensation
If you have evidence of threats to life and health, or threats of damage to property, but you cannot attract the aggressor under Article 119, do not despair. Having collected all the evidence and witnesses, you can go to court and... demand compensation. Chapter 8 of the Civil Code “Intangible benefits and their protection” compensation is possible: “The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the person who suffered harm.” According to paragraph 1 of Art. 150 of the Civil Code of the Russian Federation, non-material benefits are understood as Thus, you collect evidence and demand money from the offender.
Wife's mistakes
A threat is an attempt at psychological manipulation on the part of the person who voiced it.
Thus, he wants to morally break his wife in order to subsequently receive an “ideal” wife who will unquestioningly fulfill his every whim. Erroneous behavior on the part of a woman in such a situation can be:
- Silence. Often women deliberately hide tyranny in the family so as not to spoil the reputation of the “ideal couple” or to give way to unnecessary rumors, ridicule, and gossip from neighbors, friends and acquaintances. Among other things, wives hope to the last to correct their negligent spouse, they believe that he himself will understand his mistakes, and at one point he will come with flowers and an apology. However, as sad practice shows, such radical changes happen extremely rarely, and if a man initially showed despotic traits, there is no point in hoping that they will change to Samaritan ones;
- Reluctance to seek help from law enforcement. The mentality of Russian wives is such that reporting their own husband to the police is considered a manifestation of female cowardice and insolvency, as well as the apogee of shame on the institution of the family. Therefore, gritting their teeth, women endure verbal attacks from their husband to the last, cry at night, complain to friends, but do not go to the police, as they should do, until it comes to the implementation of threats;
- Humility. Communication with friends, domestic TV series and modern talk shows convince Russian women that disrespectful and tyrannical attitude on the part of the husband is the norm, which should not be fought, but reconciled and submitted to him. However, this is not true. Every woman deserves to be treated with respect, if only because she is a woman.
Therefore, you should not endure attacks and threats from your husband, gradually earning yourself chronic neurosis or other nervous disorders.
Read about what to do and where to go in the next section.
