Have you found yourself in a situation where you have received threats? You should not take this fact lightly, much less follow the lead of the offenders! Lawyer Kirill Afonin tells our readers about what to do correctly in the event of threats.
How does the law protect against threats?
The Constitution of the Russian Federation establishes the right of citizens to life, honor and dignity of the individual. In case of any encroachment on these rights or an attempt to encroach on them, a citizen has the right to resort to the assistance of the competent authorities
.
According to the Criminal Code of the Russian Federation, it is considered a crime
not only an active illegal action falling under the Code, but also the intention to commit such an action.
First you need to assess the nature of the threat
, namely: how real it is,
how it is expressed, what additional motives and demands are expressed by the threatening person or group of persons
.
The threat can be expressed:
- Orally
- In writing
- Gestures
- Demonstration of weapons
Fixation
- this is the first thing that needs to be done if threats continue to come, and it is not possible to convince the offender to abandon illegal actions.
That is why it is necessary to preserve any evidence confirming the fact of the threat
. They can take various forms: in writing, in audio or video format, correspondence by e-mail or on social networks (messengers).
If defamatory and false information has been posted about you
Social networks (including YouTube) have recently introduced special flags for moderators regarding misleading, harmful and abusive comments - you can take advantage of the opportunity to complain. Moderators usually respond to such statements quite quickly. To confirm that you are the victim, you may need a passport photo.
If information discrediting your honor and dignity (personal photographs, etc.) is posted on a separate website, the most effective way would be to contact its host and explain that the page contains offensive or law-breaking content. In order to find out who owns a website, you can use the Whois service. Only if you cannot reach an agreement with the hoster, is there a need to contact the authorities (with notarized screenshots).
Telephone threats
The reality of such threats should not be underestimated!
Let's analyze the algorithm of actions:
- If the attacker prefers to call, you should record the next call on a voice recorder.
- Try to enter into a dialogue with the attacker and find out any information about the subject / essence of his claims. This information will help the police identify the caller and punish the attacker.
- Prepare a statement to the police. The statement is drawn up in free form; it should detail all the circumstances of the incident and all available information about the attacker.
- Submit a report to the police department. It is necessary to have a second copy or a copy on which the police officer who accepted the appeal will mark its receipt.
How to make a statement to law enforcement agencies for protection against attacks on life and health
Intimidation under Article 119 of the Criminal Code of the Russian Federation is one of the most serious crimes against a person, therefore, it is best to immediately contact the police so that the relevant authorities can conduct an investigation and give a legal assessment of the situation. The application will require you to indicate the coordinates of the branch and your contact information. Next, you will need to state in a concise form:
- all key moments and timing of the incident;
- clarify all the phrases that preceded the event, as well as the relationship with the citizen and the approximate reasons for the conflict;
- At the end there is a date and signature for submitting the application.
The statement must indicate all the required information on the case, the coordinates of third parties if the threat was transmitted through them, and the statement itself can be transmitted to the police in one of the following ways:
- come to the department in person and fill out an application;
- through an official representative of a citizen;
- by registered mail with notification;
- through the State Services portal.
All necessary measures must be taken by law enforcement agencies within 10 days from the moment the citizen applies. If nothing has been done, then you can contact the prosecutor's office. Here you can already indicate the following data - bribery of an official, failure to take action if the necessary evidence base is available, as well as the lack of an official decision on this issue within the time limits established by law.
Threats on social networks
On the Internet, record all incoming threats, take screenshots of correspondence and, of course, block the offender! Indeed, in the case of comments on blogs or social networks, the author can delete his post!
It also makes sense to complain to the social network support service
. At the moment, many domestic and foreign social networks react quite quickly to violations of community rules and can block the violator’s account forever.
Also, relatively recently in Russian realities such a term as “notarial inspection”
.
Site inspection by a notary
is necessary to record certain information or information that is currently posted on the information resource, but may be changed or deleted, which will make it impossible to prove a violation of the rights and legitimate interests of the applicant.
The procedure for notarial action to provide evidence on the Internet is as follows: the notary enters
to the Internet page specified by the applicant from his work computer and performs a detailed inspection of the site.
During the inspection, the notary draws up a protocol
, which shows in detail all his actions. The exact time, date and place of the notarial act, as well as information about the applicant, must be indicated. Printed screenshots of the pages from the notary's computer are attached to the description of the inspected Internet pages.
Notarized protocol for website inspection
with such information, it has the same evidentiary force as any other notarial act. With such evidence, you can safely go to law enforcement agencies or to court.
What to do if you are insulted on the Internet
If this happened in an official community on social networks, then you should know that they are usually moderated for unconstructive discussions, so just wait.
If you find yourself in a “wild place,” you always have the opportunity to complain about a comment, indicating the reason as “Insult.” After a complaint, such a comment will be hidden or deleted. For information
Comments on websites are often less well moderated than on social media, but there is also a “Report” option.
If you are insulted in private messages or messenger, you can always block the sender or restrict access to your page. Please note that insults in instant messengers may subsequently be deleted by the sender without the possibility of further confirming the fact that they were there, if necessary.
Threat of physical harm
When a person is threatened with death, you need to act with lightning speed. Any delay can cost your life! Therefore, you should seek help as quickly as possible!
To accurately determine the authority to contact, it is necessary to assess the reality of the threat
. How and by whom the intentions to take a life or cause harm to health were expressed is also not important, the main thing is to perceive such threats as real if there are objective reasons to fear that they will be carried out and you will suffer (clause 2.1 of the Constitutional Court Resolution No. 368-O -O dated 03/23/2010).
To assess the reality of the threat expressed, law enforcement officers usually take into account the nature of the relationship between the parties, the nature and form of what was expressed, as well as the circumstances of the conflict and the identity of the offender
.
Responsibility for threats of physical violence is contained in Article 119 of the Criminal Code of the Russian Federation. Article 119 of the Criminal Code of the Russian Federation provides for liability for the threat of murder, as well as the threat of causing serious harm to health
.
It is important to note that punishment takes place only if the victim really had fears for his life, that is, the threat had a certain material basis. In order to convict the offender in accordance with the norms of the Criminal Code, the reality of the threat will have to be confirmed. The qualification of a criminal's behavior under this article does not depend on the intentions of the perpetrator to bring his threats into reality
.
If you were able to document incoming threats, you must contact your local police department to report a crime. Such a statement may be made either orally or in writing. Written statement
you draw up and sign yourself, and the oral one is documented in a protocol at the district police station (Article 141 of the Code of Criminal Procedure).
Take a ticket from the operational duty officer with the number and date of receipt of the statement of crime. This ensures that the application will not be lost or left without movement. You can also use these details to track the progress of the authorities’ consideration of this application.
Next, law enforcement officers will conduct a pre-investigation check.
If the evidence presented is sufficient and there is no doubt about the illegality of the offender’s behavior, a procedural decision will be made in the form of initiating
a criminal case
.
It is worth emphasizing that even if the initiation of a case is refused, the attention from the security forces may already be enough for the threats to stop!
Responsibility
If a crime is identified, the investigation must take appropriate investigative measures. They also prepare all documents to be submitted to the court. If the evidence base is weak, the attacker will be able to avoid punishment and will be acquitted in court. The investigator must collect all the evidence not only of the fact of the commission of the crime (the direction of the threat), but also the involvement of a specific person in this.
Responsibility for the punishment committed can be different:
- Restriction of freedom . This type of responsibility implies serving the sentence at large, but the person is subject to certain restrictions on territorial and temporary stay in certain places. The duration of such a penalty can be a maximum of 2 years.
- Mandatory work . They are prescribed in quantities not exceeding 480 hours. In this case, the person is sent to work useful for society.
- Arrest . Its duration can be six months.
- Deprivation of liberty . The period in this case is set to no more than 2 years.
But all these types of responsibility apply only to those cases when threats are received by a person for some personal reasons and considerations.
And if there are political or religious motives for a person’s hatred, which are manifested in the threats of the attacker, the responsibility will be much higher. The maximum period for this can be up to 5 years.
Therefore, you should not tolerate threats addressed to you, but must act immediately to stop the activities of the attacker. Judicial practice over the past two years has shown that investigators successfully conduct investigations among Internet users.
Civil responsibility
If you were unable to bring the attacker to justice, you can go to the district court to obtain moral damages. Threats directly cause moral distress to the person receiving them. Therefore, he can demand in court from his offender certain monetary compensation for the psychological suffering caused to him.
If the police don't act...
The procedure for receiving, registering and resolving applications and reports of crimes in the territorial bodies of the Ministry of Internal Affairs of Russia is regulated by the Instruction
on the procedure for receiving, registering and resolving in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation statements and reports of crimes, administrative offenses, incidents, approved by order of the Ministry of Internal Affairs of Russia dated August 29, 2014 N 736
In accordance with paragraphs 8 and 9 of the specified Instructions
statements and reports of crimes, regardless of the place and time of the crime, as well as the completeness of the information contained in them and the form of submission, are subject to mandatory acceptance in all territorial bodies of the Ministry of Internal Affairs of Russia around the clock.
These provisions follow from the requirements of the Federal Law “On Police”
and the Criminal Procedure Code of the Russian Federation.
Is an insult not an insult?
One person will not even pay attention to open swearing, while another will take a stern remark addressed to him as an insult. If the offender in his statement reasonably points out the wrongness and mistakes of the opponent. That is, he makes a remark, expresses disagreement with a point of view, dissatisfaction with behavior, without using obscene expressions, then we can assume that he is just expressing his opinion.
Directly insulting a person will be the use of obscene, abusive, abusive words and expressions against an opponent. And the purpose of their use is to humiliate a person, mock him, and cause him mental pain and suffering.
For example, two options for a boss expressing dissatisfaction with the work performed by his subordinate: Option 1 . Vasily Ivanovich, your report is no good. I don’t know where you got the data from... Apparently, you got it from the Moon. Let's respect each other's work. I ask you to redo the report, but use real numbers! Option 2 . Vasily Ivanovich, I’m already tired of telling you that you are lazy and mediocrity! Your report is no good! I don't understand why I still employ such an idiot!
The first option, although expressed in a rather emotional form, can hardly be called an insult. More like a rude remark. But the second one, in which outright curses that humiliate an employee can be considered an insult.
