Recently, my friend started receiving anonymous threats on a social network. Of course, you can not take them seriously, given her professional activities. However, what kind of person would be pleased when threats are written to him? It is impossible to live in a state of fear, therefore the law provides for liability for such actions. And the Internet in this case is no exception. To punish a criminal, it is important to know how to prove incoming threats against you. And now we will talk about this in more detail.
Corpus delicti
The legislation considers the intention of one person to cause certain harm to another person as a threat. This intention can be expressed in a variety of forms:
- orally;
- in writing;
- with reinforcement of certain gestures ;
- with the use and demonstration of weapons .
The harm itself must be perceived by the victim as a real threat to human health. In fact, it does not matter whether the attacker really intended to cause harm or whether he did it only to scare the person.
The fundamental fact in this case is the victim’s perception of the real danger posed by the aggressor. Responsibility for such actions occurs not when the attacker attempts to carry them out, but when he provides this information to the victim. This is directly related to the fact that a person’s constant emotional stress can significantly worsen his well-being.
When assessing the actions and statements of a threatening person, the circumstances under which the action is carried out are also taken into account. Because such threats can be made in the form of a joke and will not be taken seriously by anyone. But if such words are uttered during a conflict or under other circumstances when there is no reason to take them lightly, they will be considered an official threat.
What to do if you are threatened
If a citizen has become a victim of threats of violence, the first thing to do is to record the threat and assess whether it has the possibility of being actually implemented. In case of filing a statement with the police under Art. 119 of the Criminal Code of the Russian Federation, the applicant will not have the opportunity to withdraw the application, since such cases are not of a private nature.
Note!
In the case of a threat, reconciliation is only possible according to the general rules of criminal law. This requires compensation for the harm caused and the accused having no criminal record.
The real possibility of carrying out a threat can be indicated by any means by which physical violence can be committed, and by the actions of the threat itself. This could be a demonstration of weapons, knives, or an attempt at strangulation or beating.
Peculiarities
The law perceives any threat as a crime if it is perceived by the victim himself in this format. Accordingly, it should be punished. The Internet threat has some features:
- The main problem is Internet users, since it can be difficult to figure out the true ill-wisher . To identify the user who sent the threat message, special technical measures are sometimes required.
- The victim will also have to prove that the aggressor is intimidating and demonstrating his intentions to cause harm to health and life . In this case, threats towards the person’s close relatives may also be considered.
- All threats must be saved as a screenshot, video or photograph, since in most cases it is possible to delete such threats on social networks . At the same time, if you are serious about acting, you need to have this photo or screenshot certified by a notary. You need to print it out and come with it to the notary. With it, you must show your social page or the place where you receive threats. Based on the collated data, the notary must draw up an act of inspection of your page and confirm the fact of criminal actions of third parties in the form of sending threats.
- If, in addition to messages on the Internet, you additionally receive threats in other ways, they also need to be recorded . Telephone conversations can be recorded on a voice recorder, as well as details of the conversations. Witness testimony is also suitable here.
Given these features, it can sometimes be quite difficult to prove the presence of real threats on the Internet. But if the victim herself prepares to save evidence, then she can do so before the messages are deleted. You can learn more about this from the video presented.
Sample statement to the police
How to write an application correctly? This can be done according to the following example:
Head of Department of Internal Affairs Full name
From a citizen full name
Residing at
Region, cities, street, house, apartment
Statement of threat to life
Indicate the personal information of the person from whom the threat came. Describe in detail the course of events, indicating all the nuances. In what form was the threat voiced? List personal information, full name, contact numbers and other information of witnesses to the crime that occurred. Write the following phrase: “I perceive the threat of citizen N. realistically. There are the following reasons for this." Describe and list them all in detail. Based on the above information and for my protection from illegal actions, I ask you to take appropriate measures against citizen N.
Signature, date
Procedure
If you receive threats on any social networks or by email, you must immediately contact the police. Even if you don't particularly trust the person sending them, it is important to deal with such a person and explain to him that actions of this nature are a crime.
But be aware that police officers may be reluctant to take on your case and may try to dissuade you from filing a report. Don't give in to their persuasion. Your procedure should be like this:
- You must report to the police station . It is better to do this at your place of residence, since all branches have a territorial reference. If you do not know which department your address belongs to, such information can be obtained by calling 02 or 112.
- The police will give you an application form . You must fill it out as informatively as possible. You must indicate from what moment and what threats you receive. You can also associate their receipt with certain life situations that could provoke a person to take this step. If you can guess or know exactly who is sending them to you, you need to write information about this person.
- Police officers must check your contacts on the Internet and gain access to your page where threats are received . Also, do not forget to certify that you received threats from a notary in case you want to bring this matter to court.
- Based on the inspection, employees must open a criminal case if the full corpus delicti is present . But you may also get rejected by them. If you consider it unlawful, this decision can be appealed to the management of this department, to the prosecutor's office or in court.
But remember that you will need to independently collect sufficient evidence in this case to prove the presence of signs of a crime.
How can a threat be expressed?
The forms of expression of threats are not prescribed in the current regulations. However, the following types of expression of threats are accepted for consideration:
- Orally in personal communication.
- In writing via correspondence, SMS or via the Internet.
- Verbally, including using threatening sounds*, in telephone conversations, via Skype or through other types of telephone and video chats on the Internet.
- With gestures.
*For example, if an attacker promised to kill or injure, and after that he calls, but only breathes loudly into the phone or through audio or video chat in a messenger (social network), plays recordings of screams, etc.
Please note that threatening sounds not accompanied by threats will be regarded as an administrative offense, in accordance with Article 20.1 of the Code of Administrative Offenses of Russia.
If threatening sounds are accompanied by acts of vandalism, for example, damage to property, as well as the use of explosives or weapons, then such acts will comply with Articles 214 “On Vandalism” and 213 of the Criminal Code of Russia “On Hooliganism”, respectively.
Due to the active development of the Internet in recent years, the network has become the most common intermediary for receiving threats. They can come through chats, through social networks (in personal correspondence, comments, discussions, etc.), by email, via instant messengers and on other open and closed communication platforms.
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.
Types of insults
The law on insult to personality divides sharp remarks into the following types:
- threat;
- insult;
- intimidation.
An insult is a negative statement that causes another person to be humiliated. It may result in criminal penalties for personal insult. Most often, aggression is formulated verbally and using coarse obscene language.
For example, consider two options for a boss expressing dissatisfaction with his subordinate:
- Petr Alekseevich, your answer is bad. The data was apparently sent to you by aliens. I, as an earthly inhabitant, urge you to redo the report before tomorrow. Use real numbers.
- Pyotr Alekseevich, are you an idiot? Your report is complete nonsense! Why do I still tolerate a moron like you?!
In the first option, it cannot be said that the emotional statement is offensive. Rather, this is just a comment in a rude form. But the second version contains curses that humiliate a person as a person. This can be considered an insult.
The concept of “threat” is not defined in the Criminal Code. However, this type of insult means:
- another person's emotional distress;
- state of depression;
- possible execution of illegal acts;
- use of harsh actions;
- blackmail.
There is criminal liability for insulting a person in the Russian Federation. However, intimidation, threats, and verbal abuse are difficult to prove.
For harassment in the workplace
In this case, everything depends on the victim’s place of work. If he is a representative of the authorities (law enforcement officer, police officer, etc.) or a career military serviceman, then the offender is responsible for the offense committed in accordance with the Criminal Code of the Russian Federation. What is the article for insults and threats in this case? Articles 319 and 336 of the Criminal Code of the Russian Federation. The main condition is that the incident occurred while performing official duties.
For public insult in the workplace under Art. 319 the culprit must pay a fine of 4,000 rubles or undergo correctional labor.
An insult that occurred between people of equal status or in the rank of “superior-subordinate”, the punishment is a restriction on military service or disciplinary punishment.
In all other cases, the culprit will bear administrative liability for public insult. In this case, it does not matter to whom exactly the insult was addressed - a client - a service worker or a boss - a subordinate. The action will be qualified according to one criterion: whether the insult was public or not.
