Threats of physical harm: legislative regulation

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.

Neighbors are threatening

Depending on the situation, you can take one of the following actions:

• try to resolve the conflict through negotiations, for example, by finding a compromise;
• if it is not possible to resolve the conflict peacefully, it is necessary to ensure that the facts of the threats are recorded, for example, record the conversation on a voice recorder or film the threats, call a witness;
• if during a conflict a person begins to take actions that already pose an immediate danger, for example, he tries to stab some area of ​​the body with a knife, then you have the right to the necessary self-defense.

Threats via mail

If you receive threats by mail, you must save the received letter. It is also advisable not to touch the letter with your hands or to pack it in such a way as not to erase fingerprints and other traces of the criminal, which will allow him to be identified in the future.

What to do if you are threatened by phone?

When receiving a threatening call over the phone, you must conduct the conversation in such a way that the caller tells you his name or any information that will later allow him to be identified.

You should also try to record this conversation if possible. The easiest way is to turn your phone on speakerphone and place a voice recorder nearby. There are also specialized programs for smartphones that allow you to record conversations.

It is necessary to write a statement to the cellular operator in order to record the fact of the call. After which you need to contact law enforcement authorities with a statement about the commission of a crime.

Threatened personally

If you are threatened personally, you also need to try to record this fact. It is necessary to either record the conversation, or try to ensure that during this conversation there is a witness who can later confirm the fact of the threats.

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.

Where to go if you receive death threats?

If you receive threats, you must contact law enforcement agencies. In accordance with Part 2 of Art. 151 of the Criminal Procedure Code of the Russian Federation, the investigation of cases related to the threat of murder is carried out by investigators of the internal affairs bodies.

However, a citizen has the right to contact an employee of any law enforcement agency, who is obliged to accept his application and then transfer it to the appropriate department.

If you are threatened with murder, in order to bring the perpetrator to justice, you need to consult a professional lawyer who knows all the intricacies of criminal law and the peculiarities of the work of law enforcement agencies.

To protect your rights, contact the lawyers of our site.

Actions in case of threats

When threats arise, first of all, victims need to protect themselves from possible illegal actions of the perpetrator - if the threat occurs without witnesses, they must immediately call the police and, if possible, move to a safe place.

After taking security measures, bringing the offender to justice occurs in the following order:

1. Collecting evidence and filing a statement with the police.
2. Conducting an inquiry and choosing a preventive measure.
3. Pre-trial investigation.
4. Conducting a trial, passing a verdict.
5. Execution of sentences by bailiffs and correctional officers.

Voice recordings, screenshots of chats on social networks, as well as witness statements and data from the criminal’s arrest report are usually used as evidence of threats.

When filing a complaint with the police, it is important to indicate the circumstances of the threats, describe their possible motives and nature in as much detail as possible - regular or one-time, episodic. The text must also indicate:

• Full name, passport details of the applicant;
• Full name and any known information about the violator;
• date and time of the threat;
• content of the threat;
• list of available evidence;
• accompanying actions of the offender.

An example application for review and download is available here.

At the investigation stage, it is important to establish whether the offender has real intentions to commit murder, or whether the threats are made for other (selfish) purposes. If the fact of receiving threats is proven, the violator may be arrested during the investigation, and if necessary, a psychiatric examination is carried out. Arrest is mandatory as a preventive measure if the threat was accompanied by other illegal actions - beating, holding captive, etc.

A criminal case may be terminated at the stage of pre-trial investigation in the following cases:

• when reconciling the victim and the offender;
• if the offender does not have an outstanding conviction for a similar crime;
• with full compensation for the harm caused to the victim.

The decision to terminate the case or transfer it to court is made by employees of the prosecutor's office, taking into account the circumstances of the case.

A threat to kill a violator in a state of alcoholic or other intoxication, as well as one made against obviously helpless persons - pregnant women, children, disabled people - is an aggravating circumstance and is suppressed by arrest; in such cases, a real or suspended prison sentence is imposed.

Cases of threats are heard in magistrates' courts of general jurisdiction. The initiation of the process occurs on the basis of a statement of claim by employees of the prosecutor's office or victims - if it is necessary to recover monetary compensation.

Judicial practice shows that admitting guilt and cooperation with the investigation can help avoid imprisonment if the offender can prove the absence of real intentions to harm the victim or voicing a threat in a state of passion.

What is the penalty for threatening to kill? Criminal liability

So, how much do they give for this act? Here again we need to approach the matter from two sides. The first is formal. Article 129 of the Criminal Code establishes the following punishment:

1. For threats to kill (clause 1 of Article 129 of the Criminal Code) - from six months of arrest to two years of restriction of freedom.
2. For the same acts, but committed by a member of an organized crime group or motivated by hatred (religious, racial, national - clause 2 of Article 129 of the Criminal Code) - imprisonment from 3 to 5 years.

However, in practice there are cases when less serious measures are sufficient. They are not directly stated in the Criminal Code, but can be applied using other regulations.

First of all, we are talking about preventive conversation , which is one of the tools of the law enforcement system, given to it by the Law “On the National Police”.

Some may say that this is not the most effective measure. Indeed, it is unlikely to work on an experienced repeat offender. But if we are talking, for example, about a neighbor’s conflict, then both such a conversation and the very fact of filing an application can have a positive effect.

Types in relation to harm to health and life

It may seem strange that, having only stated a single punishable threat, we immediately assert that there may be several of them. But laws are one thing, and life is another. Punishment is one thing, and the possibility of injury is another.

From the point of view of reality, a person can really be threatened by:

• causing harm to loved ones;
• causing serious harm to health (physical violence);
• other violent actions, incl. sexual in nature;
• murder.

Unfortunately, this list goes on and on, but we will focus on the main threats. Even more unfortunately, and we will have to repeat this many times, the only criminal threat is the threat to kill.

The Criminal Code offers us Article 129 “Threat of murder”. Read it carefully, and then we will deal with the vagueness of its wording:

Why is it important? Because if there is a way to bring an attacker to justice, then it is connected precisely with bringing his actions under this article.

The corpus delicti under Article 129 of the Criminal Code of Ukraine

So, let's talk about wording. Article 129 of the Criminal Code states that the rules can only be applied if:

1. They threatened with murder .
2. There is reason to believe that the threat is real.
3. The suspect had the ability and intention to carry out the threat.

What does this mean in practice? Let's look at a few common cases:

Probably, everyone can come up with a whole list of similar analogies when the threat is not considered real.

It is necessary to understand that the perception of the reality of the embodiment of a threat to life, specified in paragraph 1 of Article 129 of the Criminal Code, may also apply to the
personal perception of a potential victim.
In other words, if the applicant has reason to believe that his intentions are serious, a case can be opened. Let's consider this case using an example:

Conditions. Some Vasily and Oksana are former spouses. During the divorce, the couple had mutual claims of a property nature - there is a dispute about the ownership of the real estate. At some point, Oksana wrote a statement to the police that her ex-husband threatened to kill her in a conversation - they say that he is considering this possibility as one of the ways to resolve a property dispute.

Option 1. Oksana could not prove the fact of the threat - there are no witnesses, audio-video recording of the accepted format, etc. In addition, it is a known fact that Vasily is a primary school teacher who has the most flattering characteristics of colleagues and parents of students.

As a result, there are neither direct nor indirect grounds for initiating a case. Oksana will be denied.

Option 2. Oksana has witnesses to the threat from her ex-husband. In addition, it is easy to prove that Vasily belongs to an aggressive political group, and due to certain circumstances, possesses personal firearms.

In this version we came together:

• motive (real estate);
• ability to carry out threats (weapons);
• characterization of the suspect as an aggressive person;
• witness's testimonies.

Result: for a combination of reasons, it can be proven that Oksana takes the threat to life seriously, which means that a case should be opened.

Obviously, the main problem is proving the reality of the threat perception. An unprepared person, especially one in a state of strong emotional stress, is unlikely to be able to adequately summarize the evidence base. If you think that a threat really exists, it is better to contact a lawyer to handle such a case.

What is a threat?

A threat is a promise to cause harm to life or health, intimidation.
However, the problems begin with the very first step - with terminology. The above definition is taken from... an explanatory dictionary! There are no such descriptions in the legislation of Ukraine. Then, what are threats in terms of jurisprudence?

We’ll have to briefly turn to history, go through the timeline until today:

1. Tsarist Empire . Even during the Empire, threats were considered a criminal act. Threats to life or “causing violent acts in general” were considered punishable. In addition, the list of punishable acts extended deeply into all spheres of public life, right down to threats to parents, “a shipowner during a voyage,” or such an “exotic” problem for modern science as “a threat to a benefactor.”
2. Soviet Union . During the Soviet era, the list of punishable threats, although it lost some of the “exotic”, still remained quite lengthy. Threats to life, threats to cause bodily harm, destruction of property by arson, etc. were punished.
3. Modern Ukraine . The only thing left in modern laws is the threat of murder. This point is regulated by Art. 129 of the Criminal Code.

It is very important to understand that current legislation leaves only one type of threat punishable - the threat of murder . This is what all further proceedings will be based on.