Existing in society, we have to put up with the ugly behavior of individuals. When this behavior does not affect us and our family, we do not pay attention to it. When ugly behavior becomes unacceptable and affects our personal space, we turn to law enforcement for protection and immerse ourselves in the study of laws.
According to the Criminal Code of the Russian Federation, a crime is considered not only an active illegal action that falls under the norms of the Code, but also the intention to commit such an action.
The threat, no matter in what form it appears, is criminally punishable. At any given time, it can turn from a potential promise into a real crime.
What to do if you are threatened, and what threats you should really be afraid of, we will tell you in this article.
Threat as a type of criminal offense
According to the Criminal Code of the Russian Federation, a threat is an independent crime. For his qualification, it is absolutely irrelevant whether the criminal really intended to carry out his threats or only intimidated the victim.
The threat of murder or infliction of grievous bodily harm is regulated by Art. 119 of the Criminal Code of the Russian Federation.
This is a crime of minor gravity, it is being considered by the magistrate. It is almost impossible to get a real prison term for such a crime.
In order for the act to be recognized as a criminal offense, it is necessary that the victim takes the threats seriously and experiences fear and anxiety against the background of their manifestation.
In practice, it is enough that the victim gives evidence in which he indicates that the defendant said to him: “I will kill you!”
The threat can be expressed in several actions:
- Orally;
- In writing (letters with threats);
- Gestures;
- Demonstration of weapons.
If suddenly, for unknown reasons, the threat does not reach the consciousness of the victim, the actions of the perpetrator will be classified as an attempted crime.
Third parties may be involved to carry out the act, through whom threats are transmitted to the addressee.
Corpus delicti
What to do if you are threatened with physical harm?
When they threaten to kill, you need to act with lightning speed. Any delay could cost your life. Therefore, you should seek help from the police as soon as possible.
Since the threat is a criminal offense, it has its own elements of crime:
- The object is human health. In fact, the crime does not involve him receiving any damage or injury, but his peace of mind suffers significantly from this.
- The objective side means that the threat must extend specifically to grave harm and causing death. Threats of property damage or vague threats do not give rise to a crime.
- The subjective side presupposes the direct intent of the perpetrator to frighten the victim and instill in him the fear that the threat may be carried out.
- Only a person over 16 years of age can be considered a subject.
To assess the reality of the threat expressed, law enforcement officers take into account the nature of the relationship between the parties, the nature and form of what was expressed, the circumstances of the conflict and the identity of the troublemaker.
Criminal Code
One aspect of a sober look at the situation is the example of the criminal code, where there is an article for incitement to suicide. Are you really committing this crime or is the criminal the one who is blackmailing you, trying to shape your self-condemnation. Is he interested in your experiences? He will use you again. Anyone who wants to achieve their goals through threats is, to put it mildly, selfish.
It is completely different in the case of a loved one who believes that he cannot live without you. My sister took pills after her husband left her. She ended up in the hospital. God saved. She suffered a deep wound. Here she was betrayed. When we see a threat to kill, the law and, perhaps, our conscience require us to use our influence. How to avoid being manipulated? Seven keys will serve us.
Where to go for protection?
In order to accurately determine the authority to contact, it is necessary to assess the reality of the threat. Perhaps your friend was just joking or in the heat of an argument expressed his indignation, without even thinking of scaring you.
Do not panic and act in the same way against the attacker. Know that if you yourself begin to make threats against another person, you can also become a defendant in a criminal case.
Police
The best option for insurance in such a situation is to contact the police.
The police are obliged to consider statements from citizens about threats they receive. After such a statement, a check must be carried out.
There were cases when the local police officer ignored the appeals of women, after which they became victims of a domestic tyrant. In this case, the district police officer will face dismissal and trial.
If the threat was not made in an emergency situation, you can go to the police station after the conflict and calmly write a statement against the attacker. They must give you a sample application and help you fill it out correctly.
The application must include the following information:
- The name of the police department where the application is being submitted;
- Applicant details;
- If known, the details of the attacker;
- The essence of the conflict and the threat expressed, indicating the circumstances of the crime;
- Date and signature.
It is better to submit your application in two copies so that the office staff will mark your acceptance on the second copy. If the district police officer refuses to accept the application, you can complain about it to his boss or to the prosecutor's office.
When the conflict does not require delay, you should call the police and call the squad immediately. You should call 02 or the helpline of the Main Directorate of the Ministry of Internal Affairs. In Moscow this is the next number - (495) -250-98-10.
As a rule, crimes involving threats are initiated in this way. On the spot, when the police arrive, you will be asked to write a statement.
Very often crimes under Art. 119 of the Criminal Code of the Russian Federation are committed in the family, and especially often while intoxicated.
Court
After initiating a criminal case and conducting investigative actions, the material of the crime is transferred to the court . Both the defendant and the victim will be summoned to the court hearing, where they will be able to give their testimony and present evidence.
The victim cannot independently submit an application to the court to initiate a criminal case, since Art. 119 of the Criminal Code of the Russian Federation is not one of the crimes considered as a private prosecution.
To defend yourself in court and prove the guilt of the offender, you must adhere to the following recommendations:
- Seek help from a lawyer;
- Present witnesses to what happened;
- Collect the maximum amount of irrefutable evidence (calls, correspondence, letters, audio or video recordings of threats);
- Remove beatings if threats were made during the fight;
- Collect a large number of negative characteristics about the culprit.
What awaits an attacker under the Criminal Code of the Russian Federation?
The court gives the parties to the conflict the right to make peace and terminate the criminal case. This requires that the defendant has no criminal record and that the victim agrees to reconciliation.
Often family conflicts end in reconciliation until one of them kills the other.
The following types of liability are provided for threats to kill or cause grievous bodily harm:
- Mandatory work up to 480 hours;
- Restriction of freedom up to 2 years;
- Forced labor for up to 2 years;
- Arrest up to six months;
- Imprisonment for up to 2 years.
If the threats were made in the context of racial, political, ideological, national or religious hatred, the attacker will face a sentence of 5 years in prison.
You can also file a civil claim, either independently or as part of criminal proceedings, for compensation for moral damage. It is better to ask for more, since the judge will most likely reduce the amount claimed, which he has every right to do.
Isolated cases of uttering threats
Threats can be made at work, at home or on the street. They can be carried out as part of the performance of professional duties or for reasons of hatred and jealousy. In each specific case, threats have their own characteristics.
What to do if collectors threaten?
Collectors are among the leaders in the number of threats expressed . They do not have the right to intimidate debtors; they are only obliged to remind them of the need to repay claims.
Since the law regulating their activities was introduced, the number of violations by debt collectors has decreased. But to this day they still meet.
If debt collectors try to break into your apartment, call the police . You need to immediately demonstrate to them that you know your rights and do not intend to forgive them for their lawlessness.
The victim has the right to issue a ban on the transfer of his debt file to a collection company.
What to do if you receive threats over the phone?
It is much easier to make threats over the phone than through direct personal contact. Finding an attacker through a phone is much more difficult. Criminals today use all kinds of voice changing programs and use untraceable SIM cards.
When you are harassed by phone, you need to follow the following algorithm:
- Write a statement to the police and ask employees to track incoming calls;
- If you are unable to track calls, simply change the number or add the subscriber to the blacklist.
Perhaps these are telephone hooligans, and after changing the number, no one will bother you anymore . Such violators do not care at all who they call with threats.
What to do if your ex-husband insults and threatens?
Family relationships, whether past or present, often give rise to serious conflicts, even criminal offenses. The victims in this case are often women and children.
What to do if a threat comes from your husband or father of your children? If your husband threatens you, you need to immediately stop such behavior. If you give in and endure humiliation, the threats will continue to come and will only get worse.
If death threats are accompanied by insults that have no relation to reality, the attacker can additionally be prosecuted under the article “Slander.”
This is a private prosecution case, which means you can file a lawsuit yourself without waiting for the police to act.
What to do if you receive threats on VK?
Social networks in 2022 are a breeding ground for moral decay and mutual insults.
If you are threatened via messages on various social networks, you should immediately contact the police.
You will have in your hands irrefutable evidence of the attacker’s guilt - a printout of messages.
Law enforcement officers will later carefully study the criminal’s page and may find several more episodes of criminal acts.
Whether your husband or neighbor threatens you, whether your boss is a tyrant or an anonymous terrorist does not matter. All of them commit illegal acts and must be held accountable in accordance with current legislation.
Threats do not need to be encouraged with forgiveness, they need to be stopped by contacting the police, so as not to one day become a victim of a crime under Art. 105 of the Criminal Code of the Russian Federation “Murder”.
What options do we have?
The problem of becoming addicted
Firstly, there is no guarantee that threats will stop in the future if you meet with the ransomware. Giving your wallet to a robber on the street once is not as scary as constantly indulging and pleasing an unbalanced person. Is it possible to subordinate your fate to someone who is ready to commit “harakiri” by setting ultimatums? And here it is necessary to show common sense.
The problem of death
The most undesirable outcome is that the provocateur will carry out what he came up with. If you persuaded him not to do this, if you explained clearly and intelligibly that he was wrong, then I don’t think that you will be guilty.
Will refusing to make concessions turn me into a murderer of another person? It is not easy to take on a heavy load. It is an even more serious act to hold the suicide your responsibility. Is this really true? Are you forcing him to do anything to himself? Sooner or later he will see that he cannot mislead you and you will not be responsible for his actions, he will most likely change his mind.
Successful outcome
No one was hurt, the reproaches and demands stopped. The friend came to his senses, and you found a common language. He looks forward to the future and hopes that everything will be fine. To implement this option you need to use effort and patience. Find instruction or even reproof by showing who is right and who is wrong from the point of view of conscience.
