Victim: how to protect the rights? Part 3.
So, we approached a question of the statement. In spite of the fact that by phone you already notified competent authorities on the committed crime, the flywheel of investigation started moving, but an application has to be properly procedurally issued.
According to Art. 141 of the Criminal Procedure Code of the Russian Federation, the statement for a crime can be made in an oral or written look. In practice, the written application form is almost always applied. The oral statement is just fixed by the police officer in the corresponding procedural statement - the protocol of acceptance of an oral statement. The applicant is without fail warned about criminal liability for obviously false denunciation about what in the statement or the protocol the corresponding mark signed by the applicant becomes. Criminal liability is provided by St. The maximum imprisonment for a period of up to two years can also entail 306 criminal codes of Russian Federation and if you obviously accuse someone of the statement in commission of heavy or especially serious crime, then and till six years of imprisonment. This article is put rather seldom into practice.
The statement will be an occasion to initiation of legal proceedings, only if it contains information on signs of a crime or a request for involvement of any persons to criminal liability. It is necessary to specify the name of the organization to which the application and for whose name is submitted (for example in the statement: “ To the Chief of the Central District Department of the Interior of Ensk militia colonel Ivanov I. I. “); information about the applicant (for example, “ from Petrov P. P. living to Ensk to the address: Lenin St., 1, quarter 1, t. 11 - 11 - 11 “) ; data on crime signs, its circumstances and the request (for example: “ I Ask to bring to trial of persons unknown to me who by breaking of an entrance door got on January 01, 2000 into my apartment to the address: Ensk, Lenin St., 1, quarter 1 from where secretly stole the property belonging to me: 1. " TV; Rubin “ model 631, serial number: 111111111, 1980 of release, the case of brown color, the diagonal of 61 cm, the left bottom corner of the case is chopped off, worth 100000 rubles; 2. Sweater man`s, blue color, size 52, productions of " factory; Red dawn “ acquired in 2005, having a special sign - the cuff of the right sleeve, worth 1000 rubles is torn; 3. Toilet roll, productions of " factory; " Paper; " brands; Easy “ new, worth 1 ruble, and all for the total amount of 101001 ruble of 00 kopeks, than caused me significant material damage “); data on an explanation of responsibility for obviously false denunciation (for example: “ About criminal liability for obviously false denunciation according to Art. 306 of the criminal code of Russian Federation it is warned “) . After that the application is signed by the applicant and date of writing is specified.
The statement is transferred to the official (to the operative, the investigator or the person on duty - on circumstances). It has to be appropriately registered in the special magazine, are obliged to issue you the coupon - the notice of adoption of the statement with the indication of registration number of the statement. Surely demand issue of such supporting document.
Sometimes police officers in every possible way evade from adoption of the statement, especially if you did not address by phone and came after incident after a while. This vicious practice “ zataptyvaniye “ concealment of crimes it is directed to creation of the fictitious raised solvability at the expense of the covered crimes, and also to decrease in volume of work. As now with such practice fight at all levels is conducted, special problems with filing of application should not arise. However for especially difficult cases it is possible to recommend the following options:
1. The call to the central dispatching service as I wrote above, usually forces careless workers to move.
2. The direction of the statement by mail in militia and prosecutor`s office as supervisory authority with the inventory of an investment and the assurance of receipt, if business not urgent.
3. An explanation to the person on duty that you the victim stubborn, know the rights and you will go to complain to the below-specified instances. Usually helps at once.
4. If the previous points did not help - means, the mess and chaos reigns in militia of your area. The call to help service, clarification of a phone number of Department of Internal Security of the Department of Internal Affairs of your area and the address there by phone or on reception with the complaint to refusal in reception of an application is recommended.
5. The appeal to prosecutor`s office of the area and the higher Department of Internal Affairs with the similar complaint.
6. An appeal to the court with the similar complaint.
The last three points are recommended only for extreme cases as will incite employees of militia against you and they can try to vent somehow rage on your business subsequently. However employees of militia try not to bring to such complaints as consequences for them can be painful, up to excitement against them criminal case.
So, you have on hands a coupon - the notice of adoption of your statement, so this stage of the epic is ended. Preliminary verification of your application which we will consider in the following article begins.