Intimidation and threats are methods of psychological pressure on a person. They threaten when they want to get some action from another person, or, on the contrary, they want to prohibit doing something. In any case, threats, slander, insult are causing harm, albeit not physical.
But the target of threats and insults experiences psychological discomfort, this can affect their health and mental balance.
If someone threatens a child, this will affect his development, personal development, can form dangerous complexes and even cause physical illness. The Criminal Code (Criminal Code of the Russian Federation) has developed a special article that provides for punishment for the offender when it comes to a threat on his part to other persons.
A threat to a person’s life, his health, a threat to the safety of his family, or a business is punishable. Criminal liability shows how seriously the law takes such an offense and how thoroughly it can protect those who are threatened with death or other dangerous actions.
Punishment
What kind of punishment does someone who bullies another person deserve? Violence can be more than just physical.
Even if a person is constantly verbally intimidated with threats against him or his family, the psychological pressure will be quite strong. Criminal law may impose several penalties on individuals who threaten others.
The main one is provided for in Article 119 of the Criminal Code of the Russian Federation. But other articles can also be used, because signs of a threat are considered in different chapters of legislation.
Threat may be present in the following offences, with or without violence:
- Rape.
- Causing bodily harm.
- Robbery.
- Blackmail.
- Extortion.
- Kidnapping.
Before considering bullying as a crime, it should first be determined what constitutes a threat according to the law? It is believed that this is a statement of intentions to bring physical and psychological harm to a person, and damage his health. The threat may also affect the family of someone who is susceptible to psychological influence.
Proof
It is very important to have as much evidence as possible to help your case.
If it is possible to record the words of the offender, then the recording can be attached to the case. Before recording, we recommend that you indicate the date and place, information about the citizen with whom the conversation is being conducted.
Video recording of illegal actions can also be used as evidence. Although the law prohibits interference with privacy, the video recording can still be used if the citizen intended to protect his life.
If possible, it is recommended to provide evidence to the police
You can provide messages electronically and on paper. This type is also a way to prove that the threats were real.
Important! These messages can be attached to the case if they are provided in printed form and all the information of the offender is indicated.
Article for threats and intimidation
Which article determines the punishment for uttering threats?
ATTENTION! Expressing threats and insults falls under Article 119 of the Criminal Code of the Russian Federation.
And it makes no difference whether these were threats of harm to health or threats of murder, theft of property or theft of a child. If they send you threats in writing, by phone, on the Internet, or verbally, you need to contact law enforcement agencies, citing the rules of the law. Under this article, 119, several types of punishment can be awarded:
- The simplest punishment is compulsory labor for 480 hours.
- Forced labor for up to two years.
- How many years do you get for making threats? Under Article 119, freedom may be limited for up to two years.
- Offenders are also subject to arrest for up to six months.
- It is also possible to be placed in prison for up to two years.
You should not take such phenomena as intimidation, slander, or insult lightly. Anyone who resorts to such psychological pressure to solve some of their problems and tasks can be punished quite seriously. And the targets of intimidation should seek protection from the law, and not tolerate attacks on their personality and the safety of their family.
What it is?
From a psychological point of view, the word “intimidation” refers to influencing a person through the threat of physical or mental violence. Actually, intimidation itself is one of the types of mental violence. As a rule, intimidation is used to induce a person to take some actions that are beneficial to the intimidator, or to refrain from actions that are disadvantageous to the manipulator.
In law, the term “intimidation” is not used. Russian law uses the expressions “threats”, “mental coercion” or similar ones. Therefore, as a matter of law, the distinction between threat and intimidation can only be made in relation to specific circumstances. For example, a type of intimidation such as a threat to kill is a criminal offense, while intimidation through the threat of, say, rape, unfortunately, is in itself not punishable.
Insults should also be distinguished from intimidation. Although intimidation can be done in an offensive manner, the concept of insult itself is much broader. It means humiliation of the honor and dignity of a particular person, expressed in an indecent form. In addition, insult and intimidation usually have different goals:
- In intimidation, the goal of the person committing it is to create fear in the victim.
- When insulting, the goal is precisely humiliation.
Other types of punishment
Threats may be associated with solving some everyday problems, but there are also more serious situations. The offender may threaten another person out of intense hatred towards him as a representative of another social group. Such threats are punished more severely.
Also, sanctions for intimidation become more severe if hatred is associated with differences of a racial, political, national, or religious nature. What types of punishment are provided in this case:
- A violator may be deprived of the right to freedom and placed in special institutions to serve a sentence of up to five years.
- Forced labor for a period of up to five years is also awarded.
- The court may prohibit the offender from holding a responsible position for up to three years.
How is the crime determined?
Article 119 contains definitions of the basic concepts that are necessary to characterize the crime that is being examined by a judicial investigation:
- The objective side stands out. A crime is expressed in actions of a directed nature that actually confirm the intention to cause harm to a person or his loved ones.
- Such directed actions with threats are expressed in specific actions. Threats can be transmitted in writing or verbally. Even intimidation that is transmitted through others is taken into account.
- Another factor qualifying the sign . The perpetrator must have the intent to cause harm to the health or deprivation of the life of another person.
The court takes into account that threats may be related to other crimes, such as robbery or rape. In this case, they are already considered in connection with another article of the Criminal Code.
How is the existence of a crime proven?
The conviction of the perpetrator is carried out only on the condition that he really had the intent to cause harm and could carry out his threats. How can we establish the reality of bullying? The following actions are taken into account in court:
- The perpetrator threatened the victim with objects that could be used as weapons.
- The parties were in conflict and had hostile relations with each other
- There is real evidence of threats with their corresponding content.
- The perpetrator stalked the victim and/or his family members.
- The victim can present facts when the actions of the perpetrator show signs of a criminal offense.
The presence of witnesses and evidence in favor of the injured party helps to advance the legal case.
Also, for the investigation, documents are collected that characterize the offender from the bad side, whether he has the ability to commit criminal actions that endanger other people.
The investigator must take a reference from the place of work or study, a reference from the place of residence. When the culprit also has bad habits (drug addiction, alcoholism), this will be additional confirmation that the person could have committed a crime under Article 119.
Regular use of drugs and alcohol cannot characterize a person positively; such addictions always work against the person who is under investigation.
ATTENTION! It is also advisable to have a video or audio recording of the threats made by the perpetrator; this is serious evidence of the crime committed.
Attempted murder
It is important to understand that there is a significant difference between the articles in the Criminal Code of the Russian Federation. So, a threat to kill and an attempt on his life are different articles. It happens that even for professionals it is difficult to somehow distinguish between these two circumstances.
Sixth example.
Citizens Kurbanov G.A. and Evdokimov V.S. are owners of plots in a gardening partnership, and during the summer season they were on vacation in their houses, which are located nearby. One day they had a quarrel over the territory adjacent to their plots. During the current conflict situation, citizen Kurbanov went into the house and took with him a self-loading rifle for hunting - “Saiga 12”. Citizen Kurbanov pointed the barrel of a weapon at citizen Evdokimov and said that the latter should prepare to die. Evdokimov was very scared and believed that the intimidation was real. Here the question arises: which letter of the law will the internal affairs officers appeal to in this case - an attempt or a threat? Citizen Kurbanov threatened Evdokimov with a gun at close range, and there was a cartridge in the weapon itself.
Experts will determine whether there was a threat to murder or an attempt on his life
It is possible to answer the question posed only by knowing Kurbanov’s true intent: did he really want to kill citizen Evdokimov or was it just intimidation? If citizen Kurbanov had the opportunity to kill Evdokimov, but did not do so, then everything will be limited to Article 119. But if Kurbanov was unable to shoot only because someone intervened or for another reason, then in this case a case of attempted murder will be opened against him.
Important! It follows from this that if citizens are afraid that intimidation may be carried out, then they should write a statement to the relevant authorities and clearly indicate all the reasons and arguments.
It is worth writing a statement if citizens receive threats
Features of punishment
According to the criminal code, several types of harm to health are considered - torture, beatings, light harm, moderate harm, severe harm. A threat, as a criminal action, will be considered by the court if it involved causing grievous harm to health.
The list of injuries associated with causing grievous bodily harm also includes psychological violence. When a person encounters such a phenomenon, he must file a report with law enforcement agencies .
For example, a criminal could point the barrel of a firearm at a person. This is a fairly serious threat that requires consideration of punishment for the offender and protection of the victim from it.
How to act
Intimidation from a family member, debt collectors, or strangers should not be tolerated. The indecisiveness of the victims contributes to the fact that the offender begins to behave more cruelly, may threaten other people, and is not afraid of punishment.
If you receive threats in one form or another, you should file a police report. Law enforcement agencies will begin an investigation into this case, and the court will determine the punishment for the perpetrator. How to make an application correctly?
- You need to write the name of the police department to which the message is sent, city, district.
- Applicant information.
- The essence of the event and circumstances are described. It is necessary to write the exact wording of the threats, the exact actions of the culprit, what was carried out. The style is laconic, businesslike, only the truth is conveyed in the document.
- The applicant signs the document and puts the date.
The application should include all the information about the offender - where he lives, where he works. Witnesses to the crime are also identified.
IMPORTANT! The application can be submitted in person or through a representative who has a power of attorney from the victim.
It is sent to the department, you can send the application by registered mail, and there is also the possibility of submitting such an application through the State Services website.
What should the victim remember?
When he files a complaint with the police, they will open (are obliged to do so) a case for such an offense. The injured party will no longer be able to withdraw the application. If you intend to drop the charges, you need to wait for the trial. The court may offer the parties voluntary use if two conditions are met:
- The culprit will fully compensate the injured party for the damage.
- This is the first crime on the perpetrator’s record; he has not previously been accused or convicted.
In all other cases, the person who threatened another person will be convicted and punished.
ATTENTION! If a person was slandered and did not threaten the applicant in any way, the deceiver will be punished under Article 306 of the Criminal Code of the Russian Federation (false denunciation) or under Article 307 of the Criminal Code of the Russian Federation (false testimony).
Expert advice
If the first one threatens, what is the correct action? Do I need to say that a recording is being made?
If this happens for the first time, it is better to warn in advance. This can put pressure on the offender, and he will not break the law. Also, the recording can be assessed as an invasion of privacy.
If the police don't want to use the video, what should they do?
You can write a request to justify the refusal. You can also demand in court to include evidence in the case.
Aggravating circumstance
When a crime was committed using suppression of will, incl. threatened to kill, this will be an aggravating circumstance. The term of imprisonment will be increased.
It is better to keep an audio or video recording of such a crime so that it can later be attached to the case
