Verbal fights and emotional conflicts, fights and beatings, physical violence are frequent companions of everyday human communication. They cause significant damage to both physical and psychological health. Such actions are unlawful and require severe punishment.
The legislation is interested not only in justice over aggressive violators, but also in protecting citizens, and therefore in preventing such a danger. A debauch who intimidates an opponent with reprisal or murder faces serious punishment. The Criminal Code of the Russian Federation provides an article for threats, as well as responsibility for humiliating and frightening promises.
Definition
"The threat of murder or causing harm to health " - the current article 119 of the Criminal Code of the Russian Federation, providing for serious punishment. In order to receive it, it is not necessary to fulfill the voiced promises. Crucial is the victim's perception of intimidating information. In this case, the intentions of the offender will not matter, whether it is a desire to scare, excessive emotionality or other motives and explanations.
Many residents of the country do not know their rights and cannot even imagine what kind of article could be for threats. Indeed, dangerous promises regularly break out from the lips of aggressors. Meanwhile, the fear of physical violence or death is a great stress for the human psyche. Such liberties must be suppressed. Fortunately, it is possible to stop such an impact legally.
Signs of crime
Not every violator can appear in the dock. An article for threats will be used only in the case of several mandatory conditions.
- The actual reality of the threat (use of weapons, use of physical force).
- The ability to realize intentions (distance between people, location information).
- The state of the aggressor (intoxication, insanity, anger).
- Furnishings (no help, opportunities to escape).
- The threat concerns only a person (damage to property or an animal is not assessed by article 119 of the Criminal Code).
Thus, the words “to the wind” about reprisals do not imply criminal liability.
Threats of causing grievous bodily harm are unlawful if, when fulfilling promises, they can be qualified as a beating that suffers grievous bodily harm. Such types of damage include penetrating wounds (using weapons), bone fractures, skull injuries, loss of an organ, or the impossibility of its further functioning.
Threat Ways
As mentioned above, an article for threats can only be valid in some cases. Intimidating phrases and promises can be conveyed to the victim in several ways.
- Orally, directly (poses a real threat).
- In writing - via the Internet, by SMS message, by letter (a method that helps to prove the guilty party).
- Transmitted through someone (have no legal justification).
As a rule, the court does not consider threats written and fleetingly said by a person. Does the aggressor face criminal liability for frightening messages, letters or threats by phone? Article 119 of the Criminal Code involves punishment only if grave bodily harm or life threat is implied.
If the promises concern the light or medium nature of the danger, the act is not considered a crime and the article for threats does not enter into force. Such a violation is simply not provided for by law.
Proof of
It is problematic enough to prove that there really was a threat to health.Article 119 of the Criminal Code of the Russian Federation clearly indicates the signs of an act that must be proved. Usually frightening phrases are spoken without witnesses, one on one.
The only argument that may serve as a reason for initiating a criminal case is the testimony of the victim. But all the shortcomings of the case and doubts are interpreted by the court in favor of the offender, therefore, to punish the offender should be carefully prepared.
- It is necessary to fix that there really was a threat to life. The article will come into force if audio or video recording, as well as any other information medium, will contain direct evidence of danger.
- Eyewitnesses. The testimony of witnesses (including minors) will increase the chances of punishing the aggressor.
- Description of the accused. Negative reviews from work and place of residence are proof of a person’s aggressiveness and his real danger to others.
Punishment
It has already been said above which article for the threat is laid to the violator. A crime committed by her qualifies as a minor gravity. A case can be brought only in the case of the initiative of the victim and can be easily terminated in case of reconciliation of the parties. If the plaintiff nevertheless proved that his health and life are in danger, the convicted person will be given serious punishment.
Up to two years:
- forced labor;
- conditional term;
- deprivation of liberty.
Arrest up to six months or work of a mandatory nature up to 480 hours is possible.
The punishment is toughened in cases of religious, political or ideological hostility, as well as hatred between social groups.
Up to five years:
- forced labor;
- deprivation of liberty.
The court may also decide on the deprivation of the right to occupy a certain position or engage in specified activities for up to 3 years.
As an aggravating circumstance
The circumstances are completely different if a crime was used to suppress the will of the victim, including a threat to life. The article on which the case will be held will be considered taking into account circumstances that are assessed as aggravating. The punishment is significantly hardened, and its term is increased (sometimes doubled).
Statements of threats that represent a real danger to the life and health of citizens are threatened with criminal liability and severe punishment, regardless of the intentions of the violator to deliver on promises.
