Victim: how to protect the rights? Part 1
In our country more than 12 million crimes are annually committed, from them about 25% officially are registered. Annually millions of people in our country, being the victims from crimes, become against the will and “ the victims from ignorance “. Almost each victim does not know the rights and is not able to use them, becoming dependent on conscientiousness of the investigator or the investigator to whom sometimes there is a laziness qualitatively to perform the work.
It is considered that the rights of the victims do not need special protection as they are protected by the state all the power. But for a long time “ open secret “ about power of law-enforcement system of our state it is opened. The public servant who for a scanty state tip is engaged in your criminal case does not want to be engaged in it at all! He wants anything: salary increase to leave rather this system or to go quicker home, but not to protect your rights. There is still some share of true professionals and if your business got to them, then it is possible especially and not to worry. Nevertheless and they, believing that they know better you that it is necessary for you, can not especially shows consideration for your rights.
The phrase is familiar to many victims:
- Undersign here, now here, write: “ It is acquainted “ also undersign. Good-bye, you will be called. only approaching
I the house, many begin to reflect: and for what I undersigned? I can calm: for the death sentence it is improbable, and here all the rest what the imagination of the investigator, quite possibly is capable of.
Therefore to know the rights better in advance and to learn them correctly to use. The author of a cycle of articles - the Russian lawyer having the experience as the investigator, and then lawyer investigating and acting as the defender more than on 1000 criminal cases of the most various categories, sincerely hopes that you should not be influenced by chains of the victim of criminal action. However it is not for nothing told: it is warned - means it is armed!
So, the most terrible behind, the crime is already committed. By blind accident you were not lucky this time. Whether you are ready to pass completely a long and thorny road of the victim? Whether you fell a victim of banal theft or sophisticated a hooligan trick, you need to make the first for yourself the decision as the victim. This decision on need of giving to business of the official course. Sometimes adoption of such decision does not depend on you, for example, at the address to the doctor or a " car call; ambulance “. If physicians see crime signs from your explanations or character of injuries, they are obliged to report about it in law enforcement agencies without fail. This rule is practically not violated.
Also police officers can find crime signs independently, or any of eyewitnesses will report to them the accident. Also the villain can also plead guilty in investigation authorities, having reported about commission of crime. In these cases of your opinion nobody will ask, and check will begin without your statement. Later the statement nevertheless will demand from you, but only “ for form`s sake, that was “. In practice of the author there were cases when the victims refused initiation of legal proceedings, said that they do not want to make anybody responsible. Some wrote the official statement that do not wish initiation of proceedings. But to business on this statement not hot and not cold as criminal prosecution at us is carried out by the state, and on desire of the victim does not depend, except for a number of crimes of category of private charge.
If except you and the villain nobody knows about an event, and he does not hurry to give up, consider need of the request for the help. If you are after incident in the upset feelings, call someone from close people and consult. Keep in mind that investigation takes several months, sometimes drags on for years. In practice of the author there were many cases when the victim once again called for questioning and prevented, respectively, from working and the affairs expostulated himself for the appeal to militia, complained that spent time more, than the damage is caused. And if the misfortune occurred on a trip, in other city - it is necessary to consider also need of trips on investigative actions to the area of commission of crime as by the general rule investigation is conducted in the place of commission (termination) of a crime. The rule according to which investigation can be made also in the location of the defendant or most of witnesses is very seldom applied.
If you on a sensible reasoning decide not to address to law enforcement agencies, but medical care is necessary for you, consider that you will tell to the doctors obliged to report about injuries in militia. You should explain circumstances of getting injured somehow.
The case when earlier repeatedly judged citizen, having got a series of knife wounds, tried to explain to medical staff approximately such version of events is known to the author:
- Went I on the wood, saw the cone on a tree. It was pleasant to me, and I decided to get it. Got on a tree, however broke, fell a stomach to a knot. Despite a wound, I nevertheless wanted to get the cone, and I got on a tree again, but again broke and ran on a knot. And so 8 times!
Certainly, to it was not believed. In most cases the victims do not trouble themselves a likely story or just are silent. Naturally, the doctor is capable to distinguish knife wound from “ knot “ therefore the cleverest victims tell that they carelessly fell, holding a knife in hand, or tried to commit suicide. Especially “ sin “ it husbands who were wounded by the dearest, brought to the " handle; second half “. Also originally sounds when such stories are told by wounded in a back.
But also in this case the message in militia will follow, and you will be visited by the district police officer or the operative who or will accept your version of events (in this case refusal in initiation of legal proceedings which can be cancelled by the prosecutor will follow), or will begin to understand, and the truth all the same will creep out outside.
it is possible to Avoid such message only in case nature of wound is similar on household and an explanation of the household character which was injured too: “ Went, stumbled, fell, regained consciousness - " plaster; .
Even if everything passed successfully and nobody learned anything, there is a chance that the villain in the next five-years period will get for other crime and at the same time admits (or will undertake) and commission of yours. It sometimes happens, in these cases it is necessary to look not for the suspect, but the victim any more, and is not unsuccessful. The villain remembers or the place (for example, on burglaries of it it is enough), or still approximate extent of damages, and the victim can be found through medical institutions.
So, with an opportunity not to attract “ whom follows “ to investigation finished. In the following article we will talk about actions which have to be undertaken after decision-making to notify on a crime law enforcement agencies.