Prosecution for threats of physical violence under the Criminal Code of the Russian Federation

Procedure for dealing with threats by phone

The threat of deprivation of life or harm to health is a criminal offense in a number of countries, including Russia, Ukraine, Kazakhstan, etc.
In the legislation of the Russian Federation, this act is qualified under Art. 119 of the Criminal Code of the Russian Federation. This means that for such actions you can get a real prison sentence. At the same time, any actions of an attacker are regarded as a threat to the life and health of a person. This could be personal insults and threats, intimidation on the Internet or by telephone, etc. In other words, the manner in which the crime was committed is important in the collection of evidence, but does not affect the punishment.

A person who receives threats must respond to them correctly. Then there is a real chance to bring the criminal to justice. If intimidation occurs via mobile phone, you must:

1. Find out the name of the caller.
2. Calmly listen to your interlocutor.
3. Record the conversation on a voice recorder.
4. Find out the reason for the threats.
5. Try to find out a way to contact the criminal.

If the attacker continues to threaten lives via SMS, then all messages should be saved on the phone. During a conversation with an unknown person, you should pay attention to all extraneous sounds, noises, etc. If the criminal provides very little information during a call or SMS, you can pretend that he has the wrong number. Then he will have to take additional actions, call back, etc. This will help collect more evidence.

Is it possible to contact the police?

These threats are grounds for contacting the police.

Writing example:

I ask that citizen R.P. Romanov be held accountable for the fact that on December 12, 2015, on the landing of the first entrance of house No. 6 on the street. Lenin in the city ________, he threatened to injure me and had previously threatened me several times over the phone via SMS. So, citizen Romanov R.P. wrote that he would come and kill me, namely, that he would take a knife and come to kill me. I took all of Romanov’s words realistically, because he was aggressive, with a knife, there were no others at the scene and no one would come to help me. Then Romanov went to his apartment and did not come out. I have been warned about liability for false denunciation in accordance with Article 306 of the Criminal Code.

What not to do

The reaction of a person who does not expect to hear a threat can be unpredictable. Many people are lost and don't know what to do. Law enforcement officials advise using the following rules:

1. Under no circumstances should you conflict with an unknown interlocutor, threaten in response, etc. You should answer calmly, analyzing the information received.
2. If emotions take over, then there is no need to continue the conversation.
3. You should not immediately give your name to the attacker.
4. It is not recommended to ignore such calls or SMS. You need to seek help immediately.

One of the main mistakes made by victims of such crimes is changing the SIM card. Unfortunately, this will not help get rid of calls. On the contrary, it can anger the attacker, and he will move on to more active actions.

I received a threatening SMS

If calls and messages come to the phone, the action plan includes writing an application to law enforcement agencies (police). It must contain all the factual information and provide evidence.

It is important that the document be drawn up in two copies, on which the official will sign and accept one of them, while the second will remain with the applicant.

Attention! If the police did not accept the statement, you have the right to appeal to the prosecutor's office.

So we looked at the reasons why such letters may arrive, and what to do in such a situation. A competent and consistent approach to solving this task will ensure its completion in your favor, and you will get rid of intrusive calls and messages, and the offender will be punished.

Making threats on the phone during a conversation or sending intimidating text messages are not uncommon in our society. Some people just want to vent their anger, others want to achieve what they want, and others want to get sadistic pleasure. Whatever the reason, telephone threats of murder or grievous bodily harm are illegal and punishable under Art. 119 of the Criminal Code of the Russian Federation. How to act and where to turn for help if you receive a threatening phone call or SMS?

Where to contact

Threats made over the phone may not be dangerous, but it's not worth checking.
After the first call or message, you should contact the police. Only law enforcement officers can help identify the criminal and collect evidence for trial. To do this, the victim needs to draw up and submit a corresponding application. For registration, you can use the standard form. You should definitely check whether the application details were entered in a special journal. If the police refuse to accept it (which is illegal), you must complain to the employee’s superiors or to the prosecutor’s office.

Then a check will be carried out not only on the fact of the commission of a crime, but also on the fact that the police officer failed to fulfill his duties. But you can contact the prosecutor’s office directly, since based on the submitted application, prosecutors are also obliged to take certain measures.

The police report must contain:

• details of the head of the department (an application is filled out in his name);
• Full name and contact details of the victim;
• a detailed description of the circumstances of the case;
• information about the attacker (if his identity is known);
• list of evidence;
• list of witnesses (minors can be involved);
• date and signature.

If threats are made against a child, then a statement is written by his parents, guardians or other adult family members.

The reality of threats or their perception

Paragraph 1 of Article 119 states that the victim must have grounds causing him to fear that the threats received will be carried out. However, there is a gap in the legislation regarding the deciphering of the concept of “foundation”.

Based on judicial practice, the following are considered grounds for fear of a threat being carried out:

• Obviousness, from the point of view of the victim.
• Fear, panic, or other signs of loss of mental balance caused by threats.
• Emotional and psychological disorders, depression, insomnia, etc., resulting from threats.
• The seriousness of the attacker's intentions.

Joke or threat?

When considering such cases, courts rely only on the opinion of the victim. This means that if a person believed in the likelihood of the threat being carried out, then it will be assessed under Article 119 of the Criminal Code of Russia. Consider an example of a famous joke that was perceived as a threat.

Everyone remembers the famous film “Gentlemen of Fortune,” in which Leonov’s hero says the following phrase: “I’ll tear my jaws apart. I’ll gouge out the blinkers.” It was this phrase that became the reason for the conviction under the above article.

Citizen Semyonova, communicating in a group on a social network, received this phrase as a response from citizen Petrov in response to her comment. What followed was a lengthy explanation from him as to why he wanted to do this. At first, she regarded the phrase as an inappropriate joke, but later, when citizen Petrov continued to repeatedly write similar things to her in the group and in personal correspondence, she believed in the likelihood of the plan coming true. Against the background of her experiences, she developed a nervous tic (constant involuntary contraction of the muscles of the right eyebrow). The victim wrote a statement to the police, attaching screenshots and a certificate from medical experts about the development of a nervous tic. The case went to trial. Citizen Petrov claimed that he was simply making fun of the victim, trying to appeal to the fact that everyone knows this famous joke. However, the court took into account the results of the examination about the deterioration of Semyonova’s psycho-emotional state and issued a guilty verdict.

How to prove the fact of threats

Threats of violence must be punished. But bringing an attacker to real criminal liability is not so simple. The more material evidence the victim has, the easier it will be to punish him. Therefore, it is so important to collect the following evidence:

1. Audio recording. Even if the victim gets confused at the first threatening call and does not have time to turn on the recorder, this can be done later. Typically, attackers try to intimidate their victims for a long time.
2. Witnesses. If there are strangers present during a conversation, it is advisable to turn on the speakerphone. Then it will be heard that the subscriber is trying to threaten. Witness testimony will become additional evidence in court.
3. Call printout. This information is usually provided at the request of law enforcement agencies.
4. SMS. Under no circumstances should they be deleted.

The likelihood of whether a criminal will be punished depends on many factors. For example, from determining the identity of the attacker. If a person threatens to go incognito and uses technical devices to hide personal data, it will be difficult to find him. It’s another matter when all personal information is known to law enforcement agencies.

What are the reasons

SMS with threats

Conventionally, the causal factors for which the addressee receives such messages can be divided into two main groups:

1. Random. This means that messages arrive erroneously when the sender has the wrong number or has incorrect information about the recipient’s details. Typically, this group of factors is not dangerous and does not pose serious consequences if a competent approach is taken to solving the problem.
2. Intentional. In this case, the opponent deliberately sends threatening messages containing obscene language, outright extortion and other unpleasant moments. Most often, such messages are sent by the bank (collectors) to the debtor. Also in practice, there are other patterns of relationships through such SMS messages sent by envious people, competitors, and enemies.

Threats via SMS are a serious act that is fraught with punishment. Therefore, having decided on the reason for receiving them, it is necessary to act immediately.

What is the punishment?

In order for an act to be qualified under Article 119 of the Criminal Code of the Russian Federation, it must have the appropriate characteristics. The object of the crime is the mental state of a person. From the subjective side, the act has direct intent. It is important to distinguish between a threat to commit murder or harm to health and attempted murder.

Reference: the main qualifying feature of the crime under Art. 119 of the Criminal Code of the Russian Federation is the absence of physical violence.

That is, intimidation is expressed verbally or in writing. The display of weapons is also considered a threat to kill. But when there is an attempt on life, the criminal uses certain actions that clearly express his intentions to be completed.

To qualify as a threat to kill or cause bodily harm, it does not matter whether the attacker intended to carry out his threats. The crime is considered completed from the moment criminal intentions are expressed towards the victim. It is also necessary to distinguish between a threat of murder and extortion. Blackmail is always accompanied by demands to perform certain actions. Most often, extortion has the goal of financially enriching the attackers.

As for punishment, then, according to the sanction of Part 1 of Art. 119 of the Criminal Code of the Russian Federation, the offender may face:

1. Forced labor (up to 2 years).
2. Mandatory work (480 hours).
3. Imprisonment for 2 years.
4. Probation (up to 2 years).

If threats were used on the basis of religious, racial or national differences, then the punishment under Article 119 of the Criminal Code of the Russian Federation will be more severe. The sanction of part 2 provides:

1. Forced labor (up to 5 years).
2. Imprisonment (up to 5 years).

In addition, the attacker may be deprived of the right to hold a certain position. The maximum term of imprisonment is 3 years.

What threats will be covered by the law?

The essence of the threat, when the attacker promises to kill the victim, is immediately clear, but with physical violence the matter is more complicated, since not every act will be regarded as a serious form of harm.

In accordance with the law, serious injury means harm that entails serious or irreversible consequences for a person.

The most common serious injuries are:

• Loss of vision, speech, hearing.
• Loss of motor activity.
• Mental disorders.
• Loss of organs (parts of organs) or loss of their functions.
• Dependence on narcotic or psychotropic substances.
• Irreversible disfigurement of a person's body or face.
• Complete or partial loss of legal capacity or ability to work.
• Forced termination of pregnancy.

It is precisely such threats, expressed in any form, that can become the reason for initiating legal proceedings under Article 119 of the Criminal Code of Russia.

How to protect yourself from an attacker

The easiest way to protect yourself from a criminal is to contact law enforcement. Where exactly to go, to the police or the prosecutor's office, is up to the victim to decide. You can do otherwise and simply warn the attacker that the investigator is already in possession of the application. This scares the bullies, so they stop harassing the victim with their calls.

Sometimes blocking incoming calls from an unknown number solves the problem with strange calls. But this measure does not always help, since criminals often change SIM cards. You can change your SIM card, but if the attacker has serious intentions, he may find another way to intimidate.

It is still not recommended to ignore such threats, even when they clearly have hooligan rather than personal motives. It is almost impossible to find out whether the person calling is mentally unstable. This means that you will not be able to guarantee absolute safety for yourself and your family.

The invasion of privacy by a stranger with hostile intentions frightens everyone. If an attacker knows the phone number, he may also know the address. And sooner or later they will make their threats come true. Therefore, you should not treat such threats leniently, especially if it is possible to prove the crime and convict the ill-wisher.

As an aggravating circumstance

The circumstances are completely different if the suppression of the will of the victim, including a threat to life, was used to commit the crime. The article under which the case will proceed will be considered taking into account the circumstances that are assessed as aggravating. In this case, the punishment becomes significantly harsher, and its term increases (sometimes doubling).

Statements of threats that pose a real danger to the life and health of citizens are subject to criminal liability and severe punishment, regardless of the intentions of the violator to fulfill the promises.