Sometimes citizens are interested in how to pick up a statement from the police. And anyway, can this be done. The question is not as simple as it seems. Indeed, when compiling a statement, a person assumes a certain responsibility. So, just like that, no one will let you come and reject an already filed complaint. There are some rules of the procedure and responsibility for the fact that a citizen takes his application. If you properly prepare for the process, there will be no negative consequences.
When necessary
Can I get a statement from the police? Yes, such a possibility does occur. There are several reasons why the task is carried out. There are not too many of them.
Firstly, a police statement is taken away when the culprit and the victim have come to an amicable settlement. Or the damage already been compensated in full.
Secondly, you can pick up your complaint if it turns out that the crime did not take place at all. In this case, the applicant usually runs the risk of falling under the article “Defamation”.
Thirdly, an unofficial and illegal option, in which people think about how to pick up a statement from the police, is to intimidate or threaten the victim.
Not for everything
There is one more point worth considering. The thing is that it is not always possible to pick up a written complaint. Much depends not only on your motive for action, but also on the nature of the violation.
That is, the more serious the crime, the less likely it is to pick up a statement from the police (about fraud, beatings, theft, and so on). Keep this in mind before complaining about someone. It is recommended to begin with to make sure that the crime has occurred, and that a specific person is to blame. Only then do you need to draw up a statement. So you can once again be safe from negative consequences.
Hurry up
Many people think about when you can pick up a statement from the police. You can do this at almost any time. Just have to take into account specifically your situation. If you come to an agreement with the violator, you should not rush. But you also do not need to delay the appeal to law enforcement agencies.
But when you hastily filed a complaint with the police, and then it turned out that there really was no crime (for example, you suspected a car theft, and your transport really was just evacuated to a parking lot), you need to withdraw the application as soon as possible. The faster you do this, the better.
It is advisable to hurry up and complete the process before initiation of criminal proceedings. Otherwise, you may be held accountable under the article "Defamation."
Before initiating proceedings
How to pick up a police statement? To do this, you must first analyze the situation. If the crime is not too serious, and the criminal case has not yet been opened, there will be no problems with the implementation of the idea. In any case, so practice shows.
You just need to come to the place where you made the complaint, and then write a new statement on the recall of the document you previously left. Try to describe the whole situation in the text. After this, the complaint will be withdrawn. No negative consequences will follow.
But such a situation is not so common. It is possible only when the victim firmly believed in the crime that had occurred. This means that at the time of writing, the person did not know the whole truth and hurried.Therefore, it is recommended that you first verify the violation.
Settlement agreement
How to get a statement from the police about beatings or any other violation? It has already been said that it is not always possible to carry out an idea. If the crime actually occurred, rarely does anyone agree to withdraw the complaint.
At the moment, you can pick up a statement of offenses of medium and light gravity. Everything else is prohibited. As soon as the crime receives the classification of “serious”, the right to withdraw a complaint is taken away from citizens. Even if in fact there was no violation.
But what to do if you still have a similar right, and with the violator you decide to come to an amicable agreement? Or if the culprit of the event compensated you for the damage (moral including). You must contact the police, where you left a statement. With an amicable settlement already signed, the document is taken with you and presented. The same thing needs to be done when the criminal has made amends to you in full - checks and statements are able to indicate that you yourself dealt with everything without initiating a criminal case.
As soon as you come to the police, write a statement about the recall of the previously left complaint. And indicate there the reason for your behavior. Say, the conclusion of the "world." Your case will be submitted to court, where this or that decision will be made. If you have not signed a peace treaty with the criminal, it's time to do it! There will be no more consequences. Neither for you nor for the perpetrator of the crime.
Review Terms
How long can I get a statement from the police? It has already been said, the faster you do this, the better. The probability of negative consequences will not be too high. Especially if you have evidence that you firmly believed in a complete violation. There are several conditions under which you will not be refused a withdrawal of an application for a criminal case under one article or another. What are you talking about? What options are possible?
The first is a guaranteed refusal to initiate a criminal case or its complete cessation. In this case, a private prosecution usually takes place. An exhaustive list of crimes committed is specified in article 20 of the Code of Criminal Procedure. It's about libel, beatings and causing slight harm to health person. Of course, unless there were aggravating circumstances or serious consequences.
The second is failure during pre-investigation check. Typically, crimes are public-private. This includes rape, violent acts of a sexual and depraved nature, violation of related and copyright rights and so on. Please note that during the preliminary investigation, you will not succeed. That is, as soon as the criminal case is opened, for the above reasons it will not be possible to just take the statement from the police.
The third is, as already mentioned, the reconciliation of the parties. In order to figure out how to pick up a statement from the police about the theft or any other crime due to the fact that the victim and the offender “found a common language”, you will also have to observe several rules:
- the punishment for violation in Russia should not exceed 3 (for "light" acts) and 5 (for moderate acts) maximum years of imprisonment;
- the offender agrees to reconciliation;
- the victim is not against the "world".
Effects
So we figured out how to pick up a statement from the police. This is actually harder to make than it seems. Especially if you do not have any evidence that you did not engage in slander.
Law enforcement fraud is punishable by law. The thoughtless writing of a statement to the police can impose criminal liability on you under the article “Defamation”. This is the worst thing that can only wait for the victim.Therefore, first try to make sure the crime is committed, only then contact the law enforcement agencies for help.
