Many people decide to take it back after filing a police report. Many people ask a question related to whether it is possible to take away a written and submitted statement from the police station.
If the crime did not take place at all, then you cannot wait, but you must apply on the same day to withdraw the written appeal.
By submitting a written appeal, each citizen assumes some responsibility for this step. If you approach this procedure correctly, then no liability will follow.
How to control the consideration of a police complaint
After a person contacts the police and fills out an application, law enforcement officers must check the information provided in it within 3 days. Based on the results of the inspection, one of 3 decisions must be made:
- initiating a criminal case and starting an investigation;
- refusal to initiate a case and begin proceedings on it;
- transfer of the case according to jurisdiction (for example, if this category of crimes is dealt with by the Investigative Committee of the Russian Federation or the FSB of the Russian Federation).
The law allows employees to extend the inspection period by up to 10 days. They usually use this right quite often. Unfortunately, the need to extend the inspection period is often explained by the law enforcement system itself, which is far from ideal, and not by the desire of a particular executor to “delay” the procedure.
To monitor the verification of the submitted application, several actions must be taken:
- Find out who is the appointed executor. About a day after the application, you can call the duty department and clarify the details of the performer (full name, telephone number).
- Chat with the performer by phone. The main purpose of this conversation is to find out to what extent the employee has actually addressed the request. In a good way, he should invite the applicant to obtain an explanation from him on the merits of the case. But often in response you can only hear cold, general phrases indicating a reluctance to start work.
- Appear to the performer. If he invited the applicant to give explanations, good. Otherwise, you will have to make it clear to the Ministry of Internal Affairs officer that the procedure has strictly regulated deadlines. Usually the police are wary of people who know their rights and are ready to defend them.
In any case, you must wait until 10 days have passed. Law enforcement must then provide formal notice of the decision. You can usually get it by contacting the contractor in person. But if you are not interested in the fate of the appeal, then the answer will be sent by mail.
Important! If you are not interested in the fate of the application yourself, then you can only receive a short “unsubscribe” with a refusal. One should not expect law enforcement agencies to take the initiative. If you do not have time to independently monitor the fate of your appeal, you can use the services of professional lawyers.
If they call you, but you are innocent
Remain calm, because in this case the party reporting you will be subject to the charge of filing a false accusation. All you will need to do is provide voluntary testimony or evidence that the applicant does not have grounds to file the application. For this you will need a lawyer . In this case, you can file a counter-claim for a knowingly false denunciation. Because of this, the second party may receive punishment in the form of :
- Two years of correctional or forced labor;
- Six-month arrest;
- Two-year imprisonment;
- Compulsory work for up to 480 hours;
- Penalties in the amount of up to 120 thousand rubles or wages for the last year.
In any case, remember the presumption of innocence. Until the party reporting you can prove with evidence their words about your offense, you are considered by the state to be an ordinary innocent citizen. To challenge the evidence, you will need to provide an alibi in the form of witness statements (who you were with at the time the crime was committed), CCTV footage, photographs and any methods that can legally be used in court.
An invitation to the police does not mean that a case has been opened against you - without interrogation, grounds and significant evidence, this is impossible.
How to find out about the progress of the investigation after filing a police report
If a case has been opened and an investigation has begun, then you still need to constantly keep the situation under full control. Otherwise, the applicant (victim) may face the fact that his case is put on the back burner, it is not known where it will be transferred, and work on it is delayed in every possible way. The defendant also needs to monitor information about the progress of the investigation in order, if necessary, to appeal violations of his rights in a timely manner.
You can find out information about the case after it has been initiated in one of the following ways:
- Contact the investigator conducting the investigation. Its details can be found in the solution. Usually, the necessary information can be obtained from the investigator simply during a conversation. Often, if the investigation is really active, the applicant may be invited to obtain data, carry out various investigative actions, etc. But, unfortunately, investigators often do not provide much information.
- Contact the head of the department. You can make an appointment with him in person, but it is better to submit an application in writing on paper. In the latter case, the response will also be given in writing. It may be useful in the future and is recommended to be saved.
- File a complaint with the prosecutor's office. Often, instead of answers on the case, cold replies come from investigators and department heads, and in personal communication they answer in a rude manner and do not provide any data. In this case, the most effective thing is to file a complaint about the actions/inaction of employees to the prosecutor's office. After inspections, the prosecutor's office will issue orders to eliminate violations.
Don't expect the investigation to happen very quickly. This is not always due to the reluctance of the Ministry of Internal Affairs employees to fulfill their duties, but to the need to conduct various checks, examinations, request documents and other actions, each of which takes time.
Reference! The actions/inactions of other law enforcement agencies may also be appealed.
Criminal proceedings
The powers of the responsible persons are established in the Criminal Procedure Code, and the list is not subject to change.
- Obtaining information about an impending crime against a third party - the applicant, who submits an application to a law enforcement agency, or personally confesses.
- Checking the circumstances of the case, making a decision to file or refuse. Assessing the need to attract specialists.
When determining the extent of responsibility of the defendant, all circumstances play a role. Based on the results of a comprehensive inspection, a verdict is issued on the initiation or justified refusal to open a case. The application is subsequently sent to the court for consideration. This is the very first stage of the proceedings, which comes before preliminary operations aimed at investigating a particular case. The prosecutor's area of responsibility is to open criminal cases for all kinds of crimes of all types.
In turn, the investigator can apply to initiate only those cases that have been received by his department or if there are facts that serve as the basis for establishing the fact of the incident and accepting the case.
How to check the status of an application to the Ministry of Internal Affairs by number
Not all requests to the Ministry of Internal Affairs are related to reports of crimes. Sometimes people turn to law enforcement agencies with various proposals, questions, etc. These letters and messages are necessarily registered in the manner prescribed by law, and if provided for, they are answered.
Reference! You can send an appeal not related to reporting a crime through the Ministry of Internal Affairs website in the “Online Services” section, as well as directly to territorial departments and specific departments. If an immediate response is required, you need to report a crime or an administrative offense, etc., then you need to call 102 (02 - from landlines) or contact the duty station.
All applications submitted through the Ministry of Internal Affairs website receive a special registration code by which you can find out their status.
Checking the status of an application to the Ministry of Internal Affairs occurs in 4 steps:
- Open the website of the Ministry of Internal Affairs.
- In the “Online Services” menu, select the “Receiving requests” link.
- On the page that opens, select the “Check status” button in the right menu.
- Enter the request code you received earlier and click the “Check” button.
Typically, responses to all requests are also received electronically within 30 days. If this period increases, for example, due to the need to obtain additional data, then the citizen must be notified about this. In some cases, the response may also be sent by regular mail.
If you are called and you are guilty
In this case, completely rely on your lawyer, who will develop a strategy for your behavior. In this case, it is necessary to go to the police, otherwise you may face even greater punishment. Do not go on the run, and do not ignore the invitation if you know about your involvement in a crime . Assistance in the investigation, confession, as well as a competent specialist nearby will greatly help you during the trial, which can mitigate the punishment in a very tangible way. For example, assigning a milder form, taking into account that you confessed to everything, there was no need to apply pressure to you.
If you cooperate, there may also be a settlement if your offense is not that serious. This means that you and the applicant come to an agreement, and there is no trial. You fulfill your obligations to resolve relations with the applicant (for example, return the stolen property with compensation), and the applicant withdraws the application.
Is it possible to check a police ticket online?
When receiving a statement about an incident or crime, the duty officer issues a notification ticket. This is a document of strict accountability that confirms the fact that a person applied to the Ministry of Internal Affairs, received a message from him, etc. It has its own unique number.
This is what a police notification ticket looks like
It is impossible to check any information using the notification coupon number via the Internet. Although in the age of modern technology, law enforcement agencies actively use computer systems in their activities, not all information can be made publicly available. Some information may harm the investigation of crimes.
The applicant must regularly check the status of the application with the Ministry of Internal Affairs and monitor the progress of the investigation into the case if he wants to ensure that the perpetrators are punished. Unfortunately, in most cases it will not be possible to use online services, and you will have to use classic methods of obtaining data.
Under what circumstances can an application not be withdrawn?
So, in order to figure out whether it is possible to withdraw a statement from the police after filing it, it is worth first highlighting cases when this cannot be done under any circumstances. And after that it will be possible to consider other situations when the appeal can be given a “reverse” move.
The application cannot be withdrawn in any case. This action is not provided for by law, but there is another option - refusal of the application. The opportunity is available to a citizen under the following circumstances:
- the offender tried to pay the victim compensation in the agreed amount, and also apologized to the victim;
- when, after filing an appeal, it became clear that the actions did not constitute a criminal act.
However, the circumstances of the submission of the refusal paper do not matter, since such papers are not subject to return to the submitter. A police officer can only issue a refusal at the victim’s request.
