Criminal liability for threats of physical harm

First of all, it should be noted that the concept of “threatening with violence” is when we are talking specifically about physical violence, a threat to health or life.

If an attacker threatens to set fire to a house, tear up important documents, or cause damage to any other property, this act will not be regarded as violence. Art. protects citizens from attacks on health and life, even in verbal form. 119 of the Criminal Code (CC) of the Russian Federation.

But, unfortunately, in order to bring the threat to justice, the victim will have to prove that she had reason to fear that the threats would actually be carried out.

It is important to remember that violence cannot be fought alone. Often, people who are threatened with violence are in a position of dependence on the attacker. They simply do not have the opportunity to confront the criminal, fearing worsening negative consequences. There is no need to be afraid to seek help from lawyers who will do everything to stop the moral suffering of their clients.

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What to do if there is a threat?

The first recommendation is to never give in to panic, no matter who threatens you. This could be a stranger, as well as a friend, close relative and husband. In any case, your actions must be thoughtful and rational. Secondly, you must not succumb to aggression and return evil for evil. In the future, this may affect the court’s decision, and in some situations make you the culprit. Remember a number of other recommendations:

• If a stranger threatens you, try to remember his signs as much as possible: face, clothes, height, hair color, approximate age.
• If possible, record what is happening using recording devices. A video or audio recording will become your most important and irrefutable evidence.
• If you have been physically harmed, seek emergency medical help immediately, even if the injury is not very serious. It is important to remove them and record them, since law enforcement agencies are unlikely to pursue the case without evidence.
• It’s great if you manage to find witnesses to the crime. Perhaps someone did not see, but heard the threats: his support could play a decisive role in the matter.

Thus, the most important task of the victim becomes collecting any evidence of what happened.
Without evidence, there is no point in contacting law enforcement agencies, and with them in hand, you can safely initiate a criminal case. Interesting to know! Ways to receive compensation for moral damage: .

Threats by phone: how to collect evidence

You can, of course, record the conversation on a voice recorder, but it is still very difficult to collect evidence. After all, the person threatening can later say that his phone was stolen, but he himself did not call anyone, and did not intend to do anything. This is if you know someone. And if the call is anonymous, it will be even more difficult.

Try to collect evidence of the criminality of the person calling you. For this:

• record the conversation on your phone;
• determine the number - if possible, provide a qualifier;
• turn on speakerphone and ask others to be witnesses;
• take a video of the conversation so that the number is visible on the ID screen;
• Contact your mobile operator's office and ask for a call printout.

Don’t rush to block the scammer’s number, he can call from different phones. All of them need to be recorded and tried to “break through” on the Internet. To the police, describe in detail when and under what circumstances these calls began, and also tell us why you are afraid of them.

Wiretapping of telephone conversations will be allowed only after the police accept the complaint and initiate a criminal case.

As in bad movies, the police are more likely to accept a statement if the person threatening you has already tried to shoot you, and then called you, blackmailed you in some way, and committed other criminal acts. And it will be even better if you have already seen it and can describe it.

Statement of threat

The beginning of contact with law enforcement agencies begins with a correctly drawn up statement against the accused. In order to do this, you can contact a lawyer or try to draw up the document yourself. This is done according to the following algorithm:

• The header indicates the name of the authority you are applying to. If the appeal is to a specific person, indicate him. The header also contains full information about the applicant - full name, place of registration and residence, passport details, etc.
• After this, the text of the statement describes the circumstances of the incident, indicating the date and time of the incident (if possible).
• If there were witnesses, then it is written about this, indicating the names and telephone numbers of people who are ready to confirm your words.
• After this, you need to write that the threat had a real basis for such and such reasons. Here we indicate all the evidence that you have - you will need to attach it, for example, on a disk, flash card or other media. If this is a photo, you can print it out and attach it to your application.
• The statement ends with a request to punish the criminal.
• At the end there is a number of compilation and a signature.

Remember that you are responsible for providing false testimony in accordance with Articles 306 and 307 of the Criminal Code of the Russian Federation. Therefore, if your evidence is not accepted, you may have to face the charges. It is also best to indicate that you have been warned about this in the last part of the statement.

Sample statement to the police

Types of blackmail on VKontakte

The popular social network is one of the favorite places of a wide variety of scammers and blackmailers. Today we will look at the three most popular ways to ruin the life of an ordinary person:

1. Hacking of a personal page . In this case, the attacker gains access to all your information - correspondence, contact list, videos and photographs, which he uses to achieve his goal. The situation is simple! You go to your profile and see a message from an unknown user who informs you that intimate photos have been found on your page. To prevent them from getting to your entire friends list, you must transfer a certain amount of money to your web wallet. If you try to block the ransomware, file a complaint with the admins, or delete your profile, the mailing will occur automatically. The victim of such extortionists is often an ex-girlfriend/boyfriend who at one time managed to star in a “home video” or be photographed naked. The blackmailer’s condition can be not only money, but also other options - breaking up with a new man, becoming a couple again, etc. By the way, a man most often plays the role of a swindler.
2. Online dating . The victim literally falls into the hands of the swindler! Having met a respectable man or a pretty lady online, you begin to have intimate conversations with the exchange of half-naked pictures of you. The payback for this may be blackmail in contact with the sending of correspondence or candid photos.
3. Child molestation charges . Mostly men fall into this trap. The following messages may appear on their vk pages: “You just sent me a photo of your genitals. I am 12 years old. I will file a complaint with the police about child molestation if you do not transfer 10 thousand rubles to my account.” Following this SMS, the man is also sent “material” evidence in the form of screenshots of correspondence.

Punishment for threat

After the court manages to establish the crime and determine the guilt of the defendant, it will determine a specific punishment.
In accordance with parts of Article 119 of the Criminal Code of the Russian Federation, it can be as follows: 1. According to part 1 of Article 119, punishment can be presented in the form of:

• compulsory work for a period of up to 480 hours;
• forced labor for up to 2 years;
• restrictions of freedom up to 2 years;
• imprisonment for up to 2 years;
• arrest for a period of no more than six months.

2. According to part 2 of Article 119, punishment may include:

• forced labor for up to 5 years;
• imprisonment for periods of not more than 5 years.

Additional punishment will be:

• prohibition from holding certain positions for a fixed period (usually 5 years);
• deprivation of the right to engage in certain types of activities for a period of no more than 5 years.

Thus, on average, the punishment for threats of physical violence is serious - about 2 years. If there are aggravating circumstances, the punishment will be increased to 5 years in prison. These may include bodily injury, harm to health, violent acts, etc.

Legislative regulation of the problem

The threat of death by the Criminal Code of the Russian Federation is designated as an unlawful act in Article 119 “Threat of murder or infliction of grievous bodily harm.” Crimes of this kind have a number of unifying characteristics:

1. The victim was informed in any possible way about what damage the threat was threatening to inflict on him or his family members. In this case, the injuries must be classified as severe, that is, those that could potentially lead to death or disability.
2. The threat was addressed to a specific individual who may be the victim. Threats to specific social or territorial communities are not relevant to the issue under consideration.
3. By his actions, the threat made the victim believe that the threats would be carried out.
4. The implementation of the voiced threats is financially feasible.

The situation is aggravated even more if, during the threats, a potential weapon of causing physical harm was used, which includes any type of weapon, as well as simply heavy objects.

The following actions fall under the definition of a threat:

1. Intimidation is threatening a person with violence to suppress his will.
2. Blackmail according to the Criminal Code of the Russian Federation is an attempt to force someone to take certain actions with the promise of committing an illegal action otherwise.
3. Extortion is an attempt to deprive a person of material value by committing a crime.
4. Persecution is the consistent creation of conditions dangerous to a person’s physical and psychological health.

If the criminal’s methods consist of threats of physical or sexual violence, he can be prosecuted under Article 119 of the Criminal Code of the Russian Federation, regardless of how the threat was voiced (in person, through intermediaries, in a letter, in a telephone conversation or using the Internet ).

Forms of threat

There are no special restrictions regarding the form of expression of the threat.

It can be anything, up to gestures or demonstration of a weapon that could be harmed.

But the important criterion is the unambiguity of the action . Let's say, simply showing a pistol, indicating the fact of its presence, boasting of a collection of weapons - this is one case, under Art. 119 is not suitable.

Pointing a weapon at a person in conflicting circumstances is another matter, and this may well be regarded by the court as a threat to health and life.

REFERENCE. Some cases require special consideration due to the subjectivity of people's perception of the various actions of others. In such situations, witness testimony and factual evidence are also important.

Threats from debt collectors

This also includes threats from debt collectors. In order to initiate a case, it is not necessary to go and submit an application - these cases do not have a separate character in the legal sense, but are initiated only upon discovery of the offense itself. In other words, every victim who wishes to bring his offender to justice does not have the right to subsequently “withdraw” his statement, as is possible in case of beatings under Article 116 of the Criminal Code.

Example 1. The collector Petrov I.S. and the debtor Makarov A.S. quarreled in the courtyard of the house, after which Makarov took Makarov by the throat and began to choke him. There were witnesses in the yard of the house who saw everything and called the police. The local police officer who arrived found out the circumstances and gave the matter a turn. Before this, collectors threatened the debtor by sending him SMS over the phone (but it is worth considering that it is almost impossible to hold him accountable for SMS messages alone).

Reality of threats

This is one of the main criteria by which qualifications are actually determined. There is also some nuance here - the main thing is that the victim perceives the ongoing intimidation as if the action could actually be carried out. Circumstances can help to understand how much the victim understood the seriousness of the statements.

The reality of intentions to cause harm may be indicated by:

the use of weapons and other objects that can be used to carry out reprisals. These can be brass knuckles, stun guns (often used by debt collectors), or simply household items. It is not necessary to use them - it is enough to demonstrate the objects in front of the victim and threaten; actions that confirm the words: beating, etc. Threats via SMS, what should I do? The existing article of threats via SMS, Article 163 of the Criminal Code of the Russian Federation, prescribes punishment for carrying out this type of threat. If debt collectors send SMS messages with threats, you should take this as seriously as possible and, if possible, write down these threats. If you receive insults via SMS, then liability for this is not provided for by law.

Example 2. During a conflict between a debtor and collectors, two men got into a verbal altercation, during which citizen V.V. Petrov said to Sidorov: “I would kill you debtor now, but I don’t want to sit.” Since this phrase was thrown during a quarrel, without touching citizen Sidorov, without using funds, the investigator refused to initiate a case under 119 of the Criminal Code (the reason is that there is no reason to consider the threat real, and just the SMS messages that collectors sent earlier in order to intimidate the debtor - obviously not enough).

As we can see, in the example it is impossible to argue about the danger for the male victim, although the applicant himself believes otherwise.

Where to go if you receive threats over the phone?

Some crime victims question whether making a threat over the phone is grounds for calling the police. This question is difficult to answer unambiguously. It all depends on the nature of the threat, the personality of its author, and the relationship between him and the victim.

Let's look at what to do if you are threatened over the phone. It is immediately worth noting that it does not matter how the attackers intimidate the victim. Both telephone threats and personal intimidation are classified under the same article.

Contact the police with a statement. Indicate which number the call or SMS came from, how the caller introduced himself, and what exactly he told you. If you know the criminal, provide as much detail as possible about him. If they refuse to initiate a case, complain to the prosecutor's office. The application is considered within 10 days. After this, the police either initiate a criminal case or issue a refusal.

Note!

If you have suffered from threats over the phone, for example, they have caused problems in your health, you have the right to recover moral damages from the attackers. Doctor expenses must be documented. Please submit your papers and application to the city (district) court.

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I'm being threatened, what should I do?

If there are objective reasons to believe that threats can be carried out, it is necessary to write a statement to the authorities providing state protection.

After submitting your application, make sure it is registered . Call the staff after a while and ask for the registration number.

How to write a statement to the police about threats to life and insults? You can go online, fill it out and take it to your destination.

Or act in the classic way - visit the police department/prosecutor's office or other government protection agency, ask for an application form “On the application of security measures in connection with the threat of violence against you,” state the essence of the appeal, sign and give it to the employee.

Information indicated in the application:

• Name of the body charged with protecting citizens (Ministry of Internal Affairs/Prosecutor's Office/Internal Affairs Department, etc.);
• Full name of the head of the executive authority, or a specific specialist who is considering the case - investigator/investigator/prosecutor;
• Address of the building in which the reception is located;
• Details of the applicant – full name, residential address, phone number, email address;
• The circumstances under which the threats were made;
• The form of threats is death threats, persecution of a person, etc.;
• Details of witnesses who can confirm the reported information;
• The basis for implementing the above is to attach available evidence;
• Please take safety precautions.

If a decision is made to refuse to initiate a criminal case, it can be appealed in the manner prescribed by Articles 124 and 125 of the Code of Criminal Procedure of the Russian Federation.

Is it possible to keep personal data secret?

If a person fears that his data or the data of relatives/representative/defender may become known to unauthorized persons in respect of whom he wrote a statement, he must ask the inquiry officer or investigator not to display information about this in the protocols.

A representative of the authorities will issue a resolution indicating the reasons for such a decision, after which he will pack it in an envelope, which will subsequently be sealed and attached to the criminal case. No one will have access to the envelope.

If the case requires it, the applicant must consent to the recording and monitoring of telephone conversations or SMS messages (write a statement).

All collected data, if there is consent to their disclosure in court, is pronounced in an open court session. If the applicant does not want the incriminating evidence to be made public, the case is conducted behind closed doors.

The article of the criminal code for threatening life is a chance for many victims. Threats are one of the most common crimes.

Don’t allow yourself to be treated this way – because your psychological state and overall well-being depend on it.

Collect all the evidence, find witnesses and go to court . If threats come on the Internet, record the conversation or immediately take a screenshot of the correspondence (later it can be deleted).

Qualifying features

This crime can be differentiated depending on the reasons for the threats against the victim. So, according to Part 2 of Art. 119, if the behavior of the accused was motivated by political, racial, national, religious or ideological differences, these are aggravating circumstances .

This also includes hatred of any social group with the expression of threats against a person belonging to it.

A crime under Part 2 of this article significantly increases the punishment.

If enmity and hatred occurred due to belonging to any of the above groups, it makes sense for the victim to try to prove it.

Learn more about the signs of serious bodily harm.

How to prove intimidation

To prove in court the fact that threats could have been carried out, it is necessary to confirm the fact of the threat itself, to find evidence of the malicious intent of the threat and personal and real fears for his life on the part of the victim.

When considering the case, the following facts are taken into account:

• the identity of the accused;
• motives for the threat;
• form of threat;
• the circumstances under which the threat was made.

If the identity of the accused is known, you need to collect as much information about him as possible. These may be characteristics from work, neighbors, colleagues that confirm negative and aggressive behavior.

If threats have been received for some time, this fact needs to be recorded. If these were calls, you can record telephone conversations. Modern mobile phones have this feature. If you are calling your home phone, you can use a voice recorder.

If threats were received via SMS messages, email, or other means of communication, it is necessary to take screenshots of the correspondence and print them, as well as notarize them.

If the threats occurred in a personal meeting, the fact of the threat must be recorded either on audio media or on a video camera. A weighty argument in favor of the applicant will be the testimony of witnesses, if any.

If the identity of the threat is unknown, you can request a printout of calls from the telecom operator’s office. To prove malicious intent, evidence of physical intimidation must be provided. That is, if during the time the threats were received, someone scratched the car, damaged property, called relatives, left notes - this will be needed when filing an application.

How to bring to justice for threats via SMS

If you become a victim of incoming messages of a threatening nature, you must act as follows:

1. When receiving calls from outside numbers, give short, unambiguous answers and do not provide your own name. It will be ideal if you can find out some information about the interlocutor yourself.

When communicating with your opponent, you should remain calm and not react too hotly or inappropriately. Your strictly developed line will make the enemy disarmed, and he will have no claims to make against you.

2. If this is not the first practical case of all kinds of threats, you simply must take appropriate measures. Make sure to install automatic caller ID and use audio recording devices.

So, if you receive threatening text messages and calls, your main goal is to find out the motives of the person on the other end of the line. Please take into account the fact that your application to law enforcement agencies will be accepted for consideration only if you attach physical evidence of the incident. It can be:

• threatening messages in text form;
• recorded conversation using a voice recorder;
• printout of telephone calls.

Having collected a set of evidence, you can contact higher government agencies and wait for the case to be heard. This will allow the violator to be prosecuted to the fullest extent of the law.

What to do if you are accused of sexual harassment on VKontakte?

If you are accused of sending intimate photos or videos to a minor, immediately file a police report .

You are unlikely to be able to cope with blackmail on VKontakte for sending obscene materials on your own, since charges of this kind entail criminal liability for a serious crime.

Remember, there is a huge difference in negotiations with an adult and a “minor” blackmailer . Here, every word you say can work against you.

Under no circumstances contact the Internet Police or other similar organizations that offer to solve the problem for a smaller amount of money. There are no such units in law enforcement agencies!

You are faced with either the same ransomware, “working” from different pages, or fake sites profiting from random victims.

What falls under this legal concept according to Art. 119 of the Criminal Code of the Russian Federation?

Such actions are considered by the Criminal Code as one of the types of mental violence applied to a person. The punishment for this is regulated by only one article of the Criminal Code - Art. 119.

The measures prescribed by the court are small: they usually do not give a long sentence for this, and may be limited to compulsory work. But the offender can be stopped by the very fact of filing a lawsuit.

The small punishment is explained by the fact that in most cases things do not go beyond threats . The basis of such actions is psychological pressure on a person. Often, even in the most daring plans, a criminal does not realize what he promises to do.

Cases under this article have a stumbling block - the complexity of evidence. This applies to both guilt and innocence:

• The defendant seeks to contest the charge, arguing that there was no intimidation.
• The plaintiff proves that they were.
• Both sides have a subjective opinion as to whether the defendant really made a threat or made a playful threat, or maybe even threw out a phrase just like that.

Therefore, the availability of evidence plays a very important role in such cases : testimony, correspondence, and in some cases, video and audio recordings.
This largely determines whose side the court will take. There are also a number of signs that determine whether the case will be considered. Article 119 of the Criminal Code covers any threats, regardless of the form in which they were expressed - from personal conversation to gestures and correspondence. It also does not matter whether the defendant made his “promises” personally to the potential victim or conveyed his words through a third party.

IMPORTANT! In order for a person to be brought under Article 119 of the Criminal Code, there must be grounds for fear of the realization of this threat. If it is obvious that the defendant could not carry it out, the case will not be opened.

Where to go if you are being harassed over the phone?

In order for a person’s statements to be considered offensive to the addressee, certain conditions must be met: the attacker’s desire to humiliate the victim, indecent form.

The following are considered insults:

• obscene and abusive phrases containing obscenities;
• comparisons with animals;
• unwanted touching;
• gestures with obscene connotations;
• movements that may result in the victim's clothing being torn off.

A statement regarding any of these facts must be submitted to the prosecutor's office. For insulting, attackers face a fine of up to 3 thousand rubles.