What to do if you are threatened Where to turn and how to survive bullying

Divorce does not always go smoothly and painlessly for those involved in the process.
In addition to the fact that this process is quite complex, in 99% of cases children also experience psychological trauma. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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However, in some cases , divorce of a married couple is the only way out that can resolve the situation. Most often, this is the only way out in situations where there are facts of violence committed by the husband. But even after the divorce they can continue. What to do in this case and bring your ex-husband to justice?

Assigned penalties

There are two articles in the Criminal Code of the Russian Federation that provide for the assignment of liability for uttering threats against a person. Article No. 163 regulates this type of crime as extortion. This illegal act involves demanding money or other material assets with the threat of releasing information that could discredit a person’s honor. The extortionist may threaten to cause significant damage to the victim’s property or harm the health of close relatives or himself.

There is another article No. 119, which provides punishment for voicing threats of murder or harm to health. Such threats include:

• SMS with relevant content;
• messages on social networks;
• demonstration of gestures;
• use of weapons and more.

To assign liability, the attacker must pose a credible threat and have the ability to carry it out. The most difficult thing for the victim to prove during the court hearing is the fact that he really feared for his life and health. The following sanctions may be applied as punishment for the illegal actions in question:

1. the actual term of imprisonment is no more than 4 years;
2. detention for 6 months;
3. forced labor for up to 4 years;
4. suspended sentence for a period similar to the previous paragraph.

If there are aggravating circumstances listed below, the punishment may be increased:

• the criminal act was organized and carried out by a group of criminals;
• violent methods were used against the victim;
• the attackers demanded an especially large amount of money from the victim;
• actions entirely for ideological, political, racial reasons.

In the presence of aggravating circumstances, the maximum penalty will be 15 years in custody. If the attacker threatened to kill the victim, in case of failure to comply with his demands, one of the following sanctions will be applied as punishment:

• involvement in mandatory work for a period of no more than 480 hours;
• assigning a suspended sentence of two years;
• six-month arrest;
• performing mandatory work for two years;
• imprisonment for two years.

If the attacker acted out of motives of hatred towards the victim based on his nationality or race, then the prison term can reach 5 years.

The following sanctions may be applied as punishment under Article No. 119 of the Criminal Code:

Legal framework and powers of collectors

Until 2022, the legislative framework regulating the activities of collectors was limited to certain articles of the Civil Code and Federal Law 353 of December 21, 2013 “On consumer credit (loan).”

According to it (Article 15), the activities of collectors have the following restrictions:

• the professional collector can contact the debtor through calls and personal meetings from 8 to 22 hours on weekdays and from 9 to 20 on holidays;
• KA has the right to send letters, voice and text messages (SMS);
• Agency employees do not have the right to use methods that harm the debtor or his property, threaten or intimidate him.

Powers of collectors

Due to the unprincipled and cruel actions of collectors, legislators proposed banning this area of ​​activity altogether (St. Petersburg Registry Assembly dated January 20, 2016). However, the matter was limited to Federal Law No. 999547-6 (“Law on Collectors”). It came into force on 01/01/2017. It clarifies many details of the activities of the CA, for example, it introduces a ban on talking with minors, the use of physical force and threats of violence, restrictions on the number of calls and SMS, etc.

Where to go if you are threatened

Many citizens of the Russian Federation ask the question: what should I do if I am threatened with physical harm? In such situations, it is important to calm down and make the right, adequate decisions. If there is a threat to life or health, you must immediately report it to law enforcement agencies. A statement is drawn up indicating all the circumstances of the crime that occurred.

Police officers are obliged to accept a citizen’s appeal and carry out a set of necessary measures. In this case, verification should be carried out regardless of whether the attacker is known or not. In the application, in addition to describing the situation, it is necessary to indicate the details of the department to which the application was sent, as well as all known information about the attacker. If the identity of the attacker is unknown, it is necessary to provide information about the persons who could have committed the crime described. Any little things and situations that precede threats can help the police in finding the attacker.

Law enforcement agencies are given 10 days to consider the application and make a decision on the need to initiate a criminal investigation. If the application is rejected, the applicant may appeal such a decision to the head of the department or the prosecutor's office.

Psychological assistance in case of threats

Some attackers, uttering threats against another citizen, want to break him morally. When a person lives with a constant feeling of fear and worries about his life and health, this prevents him from communicating normally, working and conducting everyday affairs. The problem becomes even worse if the threatened citizen is left alone.

To cope with moral pressure, you need to contact a qualified psychologist. This can be done during the investigation of a crime so that the attacker is caught quickly and receives a well-deserved punishment.

Why do debt collectors call me about another person's debt?

Humans tend to make mistakes. A tired bank employee could accidentally mix up just one digit when writing down the borrower's number. And now calls that were not intended for you rain down on your head.

Or rather, the bad guy could give your phone number to the bank by taking out a loan. Lenders, wanting to be on the safe side, ask for the number of someone close to them. And the borrower, not wanting to expose his family and friends, simply gives the number of a distant acquaintance.

In all these cases, you will need to prove that you have nothing to do with it. But you won’t have to pay other people’s debts.

We bought a SIM card, now collectors are calling

1. We find out whether the relative really needs a new phone number and how long he has been using it.
2. We go to the mobile operator’s office, explain the situation and ask to change the number. By the way, such a problem is often solved over the phone.
3. We send a written application to the address of the collection agency, to which we attach an agreement with the mobile operator. However, it is worth understanding that such a document is unlikely to reason with calling collectors.

Corpus delicti

Article No. 119 of the Criminal Code defines uttering a threat to kill as a type of psychological coercion over a person. The main goal pursued by the attacker in this way is to intimidate the victim, causing her a constant feeling of fear. The threat must be specific and real.

The object of the crime is the mental state of the citizen. The subject of such an act may be a person who meets the following criteria:

• citizen over 16 years of age;
• giving an account of his actions, sane;
• having legal capacity.

If threats are made to cause harm to health of mild or moderate severity, material damage, or damage to property, then punishment will be imposed under other articles of the Criminal Code. Article No. 119 regulates cases of threat to life and health.

The objective side in the case under consideration is a method of obtaining information about the intention to cause harm to life and health. When determining the penalty, it will be necessary to take into account the method of uttering the threat.

How to Determine Threats May Be Committed

The reality of the threat will be established if the victim has concerns that the attacker will be able to carry it out. Then such an act will be considered a crime. If threats were made that could never be implemented, then such acts will not be investigated by law enforcement agencies.

This is the biggest problem with such crimes. To determine whether the threat expressed is a criminal offense or not, the following criteria are taken into account:

• the form in which the threat was expressed;
• its content;
• the nature of the statements;
• the place and circumstances in which the threat was made;
• the presence of relationships between the parties to the conflict until the intention to cause harm to life and health is voiced;
• personal characteristics of the attacker.

In criminal law, all types of threats are divided into two categories:

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1. objective. Attackers can bring them into reality at the moment;
2. subjective. Threats are aimed at psychologically influencing the victim, but are accepted by him as reality.

If the attacker did not plan to carry out his threats in the future, but the victim accepted the expressed intentions as real, then the elements of a crime in such acts will be established.

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.

Contacting the police

Regardless of who the threat to life and health comes from, it is necessary to report it to the police. To do this, you can obtain a form and sample of such a statement from law enforcement agencies. All applications of this nature must be signed and the real personal data of the applicant must be indicated. If an anonymous application is received, it will not be considered. At the police office, the application will be accepted and registered, after which it will be transferred to the official for consideration and making an appropriate decision.

Possibility of pre-trial resolution

In some cases, the problem at hand can be resolved without litigation. If a citizen receives constant threats from a person known to him, he must contact the police. Sometimes warning an attacker about possible liability from a local police officer or other law enforcement officials can bring the desired effect.

Settlement in court

After contacting the police and carrying out investigative measures and collecting evidence, the case is sent to court. Both parties to the conflict will be invited to the court hearing. The injured party must present irrefutable evidence of the defendant’s guilt:

• evidence;
• witness statements;
• audio or video recordings;
• other evidence.

The accused may present evidence of his innocence.

Methods of proving a crime has been committed

Depending on the attacker’s method of action, the appropriate option for collecting evidence of the crime committed is selected. If threats are made in person or over the phone, the best option would be to record the conversation on audio. If there were witnesses present when the threats were made, it is necessary to take their personal data and contacts.

It is important that they agree to confirm the fact of the crime to the police. In case of threats over the phone, you can contact your telecom operator and get a printout of incoming calls. When an attacker writes threatening SMS or messages in instant messengers, social networks must take screenshots of them and attach them to the application.

An investigation into the circumstances of the incident will be launched if police officers determine that the threat is indeed real. To do this, it is necessary to collect information and characteristics about the attacker.

You can contact the criminal’s neighbors, the local police officer, or the administration of the organization where the citizen who is threatening works. If you have a criminal record, you must attach a certificate confirming this. If the collected data convinces police officers that the threats are real, they will take measures to prevent their implementation.

Recommendations

Regardless of the type of incoming threats, it is recommended to follow several tips:

• Do not panic. A panicking person begins to act rashly, thoughtlessly, which can only lead to a worsening of the situation;
• Don't insult. Do not quarrel with the threatening person, do not try to send him counter threats;
• Don't break the law. It is prohibited to act illegally, i.e. try to solve the problem by illegal means.

Please note: if the target of threats has the opportunity to satisfy the demands made by the criminal without causing harm to himself, then he should do so. This way you can avoid subsequent irreparable consequences.

What to do if there are no witnesses

Almost always, attackers, when making a threat to life, choose a place and time when they can do this without witnesses. When a criminal intimidates a victim in private, the main evidence will be the victim's testimony, which will not be enough for the court. To support your testimony, the injured party must provide:

• audio or video recording of a conversation;
• negative characteristics of the attacker;

If threats are of a recurring nature, then it is necessary to prepare for them. Install a recording device at the meeting place, arrange with another person who will witness the conversation.

Compensation for moral damage

The injured party in the crime in question has the right to receive moral compensation for the harm caused, in accordance with Articles 8 and 150 of the Civil Code, if evidence of moral damage is provided. The amount of financial payments will depend on the degree of guilt of the attacker and the suffering experienced by the victim and other significant circumstances of the crime.

Where to go if you are threatened by debt collectors

Any of the collection agencies is a commercial organization that does not have any right to make threats against a citizen. The only opportunity that such organizations have by law is to demand the return of funds borrowed from a bank or other financial company.

If necessary, collection agency employees have the right to remind about the existence of a debt and initiate legal proceedings regarding non-payment of the debt.

When collection companies exceed the actions permitted by law, it is necessary to record this fact and file a complaint with law enforcement agencies. If collectors arrive at the debtor’s residential address and persistently call and knock on doors, then it is necessary to call the police. It is almost impossible to prove the reality of the threats of collection companies. The only thing that can be done is to intimidate and reduce the persistence of their employees.

How to deal with debt collectors

There are statistics that indicate that the efficiency of collection work is at the level of 50%. About half of borrowers cannot withstand the influence of collection services, deciding to pay the debt. If you plan to wait for the court hearing and do not intend to comply with the demands of debt collectors, you need to learn the basic rules of communicating with them.

It is important to remember how to deal with debt collectors over the phone:

• It is necessary to start a conversation with a representative of the collection service only after he has given his contact information: last name, first name, patronymic, position, company (which he represents), telephone number (by which he can be contacted) and the bank (which contacted the collectors for collection). debt). Also be sure to find out the exact amount of debt. If the collector refused to voice at least one of the points mentioned above, you don’t have to talk to him.
• Be sure to turn on the call recording function on your phone, which can be useful in court if the debt collector starts making threats. At the same time, warn him that you are recording.
• Do not disclose any information during the conversation. Collectors can try in various ways to get information from you about relatives, friends or property that you have. It is not worth answering such questions by saying that this is not relevant to the case.
• Be polite to debt collectors, as in most cases they also record conversations.
• After finishing the conversation with the collector, call the company whose representative he identified himself as. Check to see if she has such an employee on her staff. Be sure to contact your bank to find out if your debt has indeed been referred to collections.

Lawyers also recommend that debtors who are under pressure from collection service employees behave as follows:

Call the police against debt collectors in all cases when their activities exceed the bounds of the law. If representatives of collection services ring your or your neighbors’ doorbell at night, make noise on the street (a common method of influence is creating noise using a car horn) at the wrong time, or make threats, be sure to contact the local police officer. Do not give any property to collectors and do not let them into your home, which you have every right to do. If collectors forcibly entered the apartment, you can call the police. The same should be done if they confiscated the property, stating that they would give it back only after the debt was repaid. Legally competently respond to letters from debt collectors. A debtor to whom debt collectors regularly send letters needs to hire a lawyer who can help him draft a legally competent response. Such a letter can scare off debt collectors, especially if the amount of debt is insignificant

It is important to remember that such letters are sent with an inventory and return receipt so that they can later be used in court as evidence.

Under no circumstances sign any papers provided by collection service employees. Also, do not tell collectors the time frame within which you undertake to repay the loan.

Try to reduce conversations to general phrases, stating that you are ready to pay the debt, but a little later, without specifying the amount. Request information from collectors about the basis on which they contacted you. If the bank assigned your debt to collection service employees, ask them to send the corresponding agreement. In cases where the debt is transferred temporarily for mediation purposes, ask for an assignment agreement.

By following these rules, you will be able to keep the activities of debt collectors within the law. When representatives of collection services see the debtor’s legal illiteracy, they increase their pressure, realizing that he will not be able to oppose anything to them.

Threat to teenagers

A minor teenager needs to be explained in advance what to do if you are threatened, where to turn in such a situation. Teens may be reluctant to talk about receiving threats. To avoid negative consequences, it is necessary to explain to the child how to act in such a situation:

1. do not take actions that could provoke an attacker;
2. avoid situations where the attacker may be left alone with his victim;
3. immediately after the incident, inform adults about it;
4. call your parents.

Having learned about threats to a child, parents must file a statement with the police about the crime with a request to understand the situation and bring the offender to justice.

Why do debt collectors buy out bad debt?

Financial organizations, in particular microloans, often turn to the services of collection agencies, selling bad debts for next to nothing. This is beneficial for collectors, because if the loan is repaid, they will be able to receive a good income.

Of course, there is a risk of complete non-refund. That is why collectors begin to act in illegal ways. One of them is the accrual of fabulous amounts of penalties. This allows you to get extra profits without putting in much effort.

Collectors practically never go to court. That's great rarity. They can intimidate the debtor with court, but the matter will not go further than intimidation. This situation is associated with a high probability of reducing the loan amount and punishing the collectors themselves for illegal actions.

If the collectors acted within the law, which is extremely rare, in court they will be able to return the loan in full. If the debtor refuses, his accounts, and possibly his property, will be seized by bailiffs.

Threat to spouse

If a woman really fears for her life, then there is no need to tolerate such an attitude. You can turn to relatives and friends for help. Constant threats will be a strong reason for divorce.

When threats are made by an ex-husband, you can go to court to issue a ban on approaching the place of residence of your ex-wife and children. In any case, you can write a statement to the police so that appropriate measures can be taken against the person expressing real threats.

Bullying via the Internet

Increasingly, threats to life and health are recorded through social networks. If they are possible, such actions will also be considered criminal offenses. To obtain evidence and record such threats, complex preparatory actions are not required. All information and messages are stored in the computer's memory.

Proving the reality of threats on the Internet is quite problematic, and law enforcement officials are extremely reluctant to investigate such allegations. Therefore, in such cases, before contacting the police, it is recommended to collect a package of documents that will contain irrefutable evidence of the reality of the threat. It is mandatory to attach screenshots of messages with threats, which must be certified by a notary. The reality of the threat can be proven if the attacker knows where the victim lives.

Threats via mail

A common type of threat is the transmission of letters or notes indicating intentions to the addressee. Such letters can be sent by mail, delivered to a third party, or simply thrown under the door or in a mailbox. A citizen who has received threats in this form must save the message and attach it to the application to the court. Modern investigative technologies will help establish the identity of the threat using handwriting examination, fingerprinting or other biological markers. In addition, the letter is irrefutable evidence of the seriousness of the suspect’s intentions.

Threats are often spread through email, social networks or instant messengers. In order to capture the intent sent over the Internet, you can take a screenshot, which will prevent the author from deleting his message. In addition, you can contact a notary and draw up an “Inspection Report for your personal page.” Despite the fact that in practice this is rarely used, this method will help to record the fact of threats and attach it to the application to the court.

Statements that do not constitute criminal threats

Examples of statements for which you cannot be held criminally liable:

• a promise to burn the goods of a competitor's company;
• parents threatening to kick their child out of the house for disobedience;
• a statement about depriving a father of rights to a child.

In accordance with Article 119, similar statements cannot be considered a criminal offense. Threats for which no criminal punishment is provided include statements to commit an unlawful act, other than causing harm to life and health, when the threat could be carried out.

Methods of action of collectors

The methods of operation of collectors can be different. At the initial stages of their activities, some of them are limited only to telephone calls and messages to the debtor’s cell phone. Later, they can wait for him at his home (work), reminding him of the debt more persistently. If the debtor does not repay the debt after reminders from the collectors, they may resort to threats, threatening to beat the debtor, burn his car, kidnap a child, etc.

According to the current legislation of the Russian Federation, collectors have the right to call the debtor at a certain time, send letters and messages, but they are not allowed to carry out actions that could harm his health. However, some debt collection specialists do not strictly follow the laws and sometimes cross the line. Then MFO debtors may begin to find threatening inscriptions on their cars or apartment doors, and calls from collectors may begin to come not only to them, but also to their closest relatives.