According to article 119 of the Criminal Code of the Russian Federation, the threat of murder or infliction of grievous bodily harm is a crime and entails criminal liability.
Article 119 of the Criminal Code of the Russian Federation. Threats to kill or cause grievous bodily harm
A husband can be held liable only in the following cases:
The form of communication can be not only oral, but also written or electronic, as well as arising from actions. For example, a demonstration of weapons.
The reality of a threat determines its unambiguity. From the words spoken, the intention to cause serious bodily harm to the spouse or to inflict reprisals should follow. The reality of the threat can be:
It does not matter whether the intention of the man was to implement what was said, the corpus delicti is already present at the threat stage.
IMPORTANT! The actual implementation of the threat is outside the scope of this article and entails a different criminal liability.
As a result of the quarrel, the husband threatened his wife with grievous bodily harm with a knife. In the process, the woman was pressed with her back against the wall, while weapons flashed before her eyes. She did not doubt her husband's intentions to take her life. In this case, there is a crime.
The husband promised to break his wife's arm if she touched his car again. This appeal cannot be considered a threat, there is no corpus delicti.
Threat is a man's way of manipulating. In this way, he tries to suppress his will and get what he needs, namely, a submissive spouse who fulfills any of his orders.
Mistakes in the behavior of the spouse:
At the moment when, under the influence of her husband's threats, a woman feels a danger for her life and health, it is necessary:
If a quarrel threatens to get out of control, you should not be in an apartment or car alone with the offender. The presence of witnesses will be a guarantee of at least some security, and the actions of a man will be visible to outsiders.
Someone from relatives, neighbors or even a random passerby can help. If, at the time of the alleged violence, the woman is alone with her husband in the apartment, you can try to scream for help, run out onto the balcony, or even knock on the walls and radiators.
A woman should avoid hysteria, maintain an even tone of voice, and agree with her husband in everything until she is safe.
The squad that arrived at the scene must draw up a protocol and start a case, and in case of a critical situation, neutralize the raging spouse and send him to the department.
ATTENTION! You should not provoke your husband by checking the reality of his threats and behaving provocatively. This can save health or even life.
Without them, the case will not be brought to court. Evidence of unlawful action on the part of the husband may be:
All materials should preferably be attached to the original application.
If the court decides on further consideration of the case, the defendant and the plaintiff will be summoned to the hearing. The victim will have to testify, bring evidence in her favor and, if possible, bring witnesses.
The accused, in turn, may also have witnesses. However, if guilt is proven, the judge will pronounce a sentence, which may include imprisonment. In addition to the main punishment, the spouse may demand moral compensation.
Read more about what to do if you are threatened with physical harm.
Spouses must be held accountable for wrongdoing. As in any criminal case, it involves serious restrictions on freedom.
Possible liability may be:
Let's consider each type separately.
According to part 1 of the same article 119 of the Criminal Code of the Russian Federation, The threat involves the following types of punishment:
Qualifying signs are reflected in the second part of the article and imply making a threat motivated by political, racial, ideological or national hatred or in relation to a particular social group.
For such a case, it is provided:
If a woman feels that there is no turning back, and there is no trace of her former love, then the only right decision would be to file for divorce, pack up and move to live in another place. The fewer points of contact left between the spouses, the calmer the object of threats will feel.
In addition to the legal settlement of the issue help a woman in a difficult situation, can:
The best defense can be an attack. A “manly” conversation between the offender and those who care about the victim can solve the problem forever.
Such organizations can provide both psychological and legal support. Do not be afraid to seek salvation on the side.
In a family where constant threats come from a husband, there will never be peace. No matter how submissive his chosen one is, sooner or later any woman will think about her safety and about leaving forever. And it will be the right decision. If once a loved one allows such an attitude, you cannot forgive him - HE IS NO LONGER NATIVE TO YOU! No need to wait for the psychological abuse to develop into physical violence.
A man who raises his hand against a woman or one who says he will kill her should no longer be considered a man. We live in a civilized society and remember that you deserve a better life!
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Tamara Igorevna will answer the question posed: what should be done if a violent husband threatens you with physical violence. The situation is extremely dangerous.
Hello, dear readers of the site.
Of course, every case is different, but I'll tell you about mine.
The moment came when my husband, under the pressure of layoffs and excessive alcohol intoxication, began to threaten physical harm.
It seemed to him that I was cheating on him every day with different partners.
What I tried to do, what doors to knock on.
Please do not leave the page, but I turned to the village old woman. So, they say, and so, I say, there is absolutely no strength to continue to live like this. At least get into the loop.
In general, she advised me to pour a drop of herbal medicine into any drink.
The husband became a little calmer, but this, of course, was not enough.
When my husband almost swung at me, I realized that it would not be possible to stop him.
As they say, until the first bruise, and I secretly go to the nearest police station. I am writing a statement that my husband threatens me with physical violence.
But there are a lot of unsolved cases without me, so I'm moving on.
I go to a psychologist I know (a woman, like me, 53 years old) and tell her everything.
And what would you think. She, who has worked as a family counselor all her adult life, did not tell me anything worthwhile.
For you, my dears, have only one way out. It is to seek protection from one's own children. But we lived together. So there was no one to stand up for me.
If the husband did not drink, his aggression could be suppressed with the help of anonymous treatment. Since physical violence, in this case, is nothing more than problems with the head, a disorder of the nervous system and paralysis of morality.
You can’t do anything, because neighbors and girlfriends don’t sneeze at you. When they found out that I was in danger, they themselves were afraid for themselves and their children. They stopped contacting me.
When my husband, after a series of threats, used physical force against me, a hidden camera was already installed in the apartment.
Having come to the police station again, I attached the so-called evidence base to the statement about the beating.
The husband was arrested and convicted. I had no other choice.
He was imprisoned for five years. But I did not feel sorry for this drunken bastard.
What will I do when he is released? In my case, this is not possible. He died just before the release.
Girls and women, I have told you my story without concealing anything.
I beg you, take care of yourself.
Tamara Igorevna.
The material was prepared by me - Edwin Vostryakovsky.
How to get and file evidence To start a case and protect yourself, you need to get evidence of threats from your ex-husband. To do this, you can record your conversations, shoot a video, show correspondence, etc. Such materials will allow you to initiate a case against your husband under Article 119 of the Criminal Code of the Russian Federation. If the former partner not only threatens, but also physically harmed you, you need to go to the hospital and get a certificate of beatings. This certificate will launch a serious matter that will forever save you from the attention of your husband. If there is a beating, the judge will consider not only Article 119 of the Criminal Code of the Russian Federation, but also an injunction on the approach of the ex-husband to his wife. Violation of this prohibition is punishable by imprisonment, depending on the gravity of the crime committed. You will no longer need to worry about the threats of your ex-husband on the phone, they are subject to a ban.
If the above actions are committed on the grounds of ideological, political, or national, racial or religious hatred, or on the grounds of hatred or enmity against any social group, then the punishment may be imposed in the form of:
Thus, we see that the responsibility for such actions is quite tough, however, as already noted, it is difficult to prove the fact that actions are dangerous for a person.
The problem is this - a lot of husbands threaten their wives in private, without witnesses, rightly arguing that a woman does not want to "wash dirty linen in public." And it’s not always possible to make a hidden camera - how to understand where and when a situation will arise when a “home tyrant” will voice a threat ?! Therefore, the common advice that law enforcement officials give to women who come to write a statement about their spouse is to wait until the husband tries to directly bring the threat to life, and quickly call the police.
Attention
of the Criminal Code of the Russian Federation - if he has already tried to cause grievous bodily harm and could not just because he did not succeed). Liability under Art. 119 of the Criminal Code of the Russian Federation It often happens that the case was brought to court, and the judge delivered a guilty verdict.
Not all of them apply. Arrest, although provided for by the Criminal Code of the Russian Federation, cannot actually be executed due to the lack of arrest houses in Russia.
But the above applies only to ordinary, "domestic" threats. If the ex-husband threatened the woman not just as ex-wife, but as a representative of a social group, a certain race, religion, etc. - Part 2 of Art. 119 of the Criminal Code of the Russian Federation.
The best option is if the witnesses saw how the attacker made verbal threats or committed threatening actions (put a knife to his throat, put a noose around his neck, aimed a firearm, etc.) - but at the same time they are not interested parties, and in their there is no reason to doubt the evidence. But even if there are no witnesses, this is not a reason to despair.
Can be used:
Crimes against life and health 0 comments Threats after divorce are a regular occurrence in Russia. Women rarely know what to do if an ex-husband threatens and insults, so they do not take any action at all.
You have the right to protection under the law of the Russian Federation, contact law enforcement agencies and you will be provided with qualified assistance. What to do if an ex-husband threatens A broken marriage is a serious help to conflict situations that lead to a person's imbalance, threats, and violence.
Important
If your ex-husband threatens you with physical violence, contact the police immediately. Article 119 of the Criminal Code of the Russian Federation "Threat of murder and infliction of grievous bodily harm" provides for protection against encroachments on the health of a citizen and will help protect against threats.
That is, if a person simply said “I will kill you” or other words containing a similar meaning, then a refusal to initiate proceedings will follow, since the words are not supported by any actions. The danger of the threat being carried out in this case is the main qualifying feature, according to which it is possible to initiate a criminal case.
Most often, the reality of the implementation of the threat can be taken into account by police officers when the offender held any weapon in his hand or performed other actions that can be regarded as the possibility of realizing the threat (for example, hitting, strangling, etc.). What to do if the husband threatens with reprisal and murder? If you are faced with threats against you, then you must definitely report this to the police by submitting an appropriate application, even if the person did not take any actions aimed at fulfilling the threat.
If there is still hope to resolve the matter amicably, the threatening person should be warned that if he does not stop his actions, a statement will be sent to the police. This measure does not always work, but sometimes it allows you to stop threats.
Gathering Evidence At the pre-trial stage, it is important to gather evidence that the threats are real. Art. 119 of the Criminal Code of the Russian Federation is not a private prosecution, therefore, the police should be involved in collecting evidence - however, the more the victim herself managed to collect, the more likely it is that the case will be initiated and will not stop before the trial.
As evidence, according to Art. 74 of the Code of Criminal Procedure of the Russian Federation, any sources of information can be used, on the basis of which an inquiry, investigation or court will establish the actual circumstances of the case. The evidence is usually the testimony of witnesses.
But what to do at the very moment when the husband threatens and you feel the danger of fulfilling the threats?
Despite the fact that family support programs in Russia are developing rhythmically, the divorce statistics remain disappointing. More than half of families break up for various reasons. Some divorce peacefully, while others painfully. There are frequent cases when former spouse, holding a grudge, in every possible way tries to express hatred and hostility towards his ex-wife, sometimes moving from words to deeds. Then the women wonder what to do if the ex-husband threatens with reprisal.
The main motive for the manifestation of hatred towards the ex-wife can be considered resentment. A man often perceives divorce as a betrayal of him, because most families break up at the initiative of women. Abuse in the family on the background of alcoholism or drug addiction is the reason why about 15% of families break up. Is it a big or small percentage? In fact, in every case of an uncivilized divorce, it is 100% and actually a tragedy.
It happens that after a divorce, a mother, offended by the father of the children, forbids them to see each other, which can also cause aggression in a man.
Often in such cases, former mothers-in-law and mothers-in-law heat up the situation, seeing in the former daughter-in-law an enemy from whom grandchildren should be taken away, or, on the contrary, all ties with children should be cut off.
Alcohol can also cause unmotivated aggression.
In judicial practice you can find many cases when former spouses, while maintaining neutrality, sometimes meet, for example, walk together with a child or just talk.
And in the end - the ex-husband inflicts beatings on his wife. Explains this by saying that he was drunk, or refuses to explain due to memory lapses caused by intoxication.
Whatever the reason for a man’s aggression towards his ex-wife, this does not give him the right to morally (or physically) harm a person. Is your ex wanting you back, that's why he's being aggressive? This is a temporary phenomenon, and probably will soon become irrelevant. But what if the ex-husband does not leave alone?
If the threats against you or your loved ones are very real, and the ex-husband threatens physical harm, take this seriously and do not try to solve the problem yourself. It will not be superfluous to try to leave the house less often unaccompanied.
In the criminal code there is article 119 Threat to kill or cause grievous bodily harm. For threats, an ex-husband can be sent to compulsory work, arrested, and even plant for 2 years.
If you have reason to fear a threat from your ex, gather evidence such as:
Important! After each threat, contact the police and ask in a statement to involve the former under article 119 of the Criminal Code. The investigator, upon application, is obliged to initiate a case and bring it to court.
But what if the ex-husband threatens to take the children away through the courts? Just like that, the judge does not take the children away from their mothers - a proven fact of a threat to the life and health of children is needed.
If the former went from words to deeds, calm down and start acting like this:
Important!
Based on the results of the examination, the investigator will determine which criminal article to apply in 
regarding the culprit. There are four such articles:
After the investigation is completed, the investigator will send the case to court. And if the crime is not serious (Article 115-116), then the justice of the peace will consider the case on your application. In such cases, you can file a civil lawsuit and recover non-pecuniary damage.
It must be remembered that silence in such situations is the main mistake of women .
You simply must know what to do if the ex-husband threatens to kill! Never try to solve the problem yourself, because it is not only about your safety, but also about the safety of loved ones. Think of your ex's reputation as a last resort.
Hello! I want to ask you for help. My husband and I lived for 4 and a half years, he was for me the perfect man We have a daughter, now she is 3 and a half. We lived normally, but not without quarrels, of course, well, it was somehow tolerable. But about a year and a half ago, I got pregnant again.
My husband wanted me to have an abortion, but I couldn't, that's when our life began to become hell. I gave birth to a daughter, she is now 7 months old, after that he went completely mad, began to drink, treat me aggressively with or without reason. Sometimes I even raise my hand, I warned him more than once that I would divorce him.
About 2-3 months ago I decided to quit. And now he does not give me life, constant threats, he comes once a week and beats me. They can’t divorce us, they say that when the child turns one year old. There is no one to protect me either, I have been living without parents since I was 17, now I am 25.
He constantly scares me that he will take my children away from me. I have no money other than child support, and he says he will say that I do not work. But how to work, then leave the children with no one?
He says that he will take home appliances. Threatening SMS, humiliation, etc. I'm tired, my nervous system can't take it anymore. Help, tell me what I am entitled to and what I should do.
Thank you very much in advance!!! Answer: Hello. Here, rather the cry of the soul. There is only one way out of the situation: until the time when it will be possible to file a claim with the divorce court, you can contact the local police inspector to protect life and health. You can also contact one of the charitable organizations involved in the protection of people and the prevention of domestic violence.
More, from a legal point of view, I can not recommend anything. Try to contact a psychologist again. Sincerely, lawyer Sergey Kholodov.
Intimidation, threats, a promise to harm a person or his family, lead to the fact that he begins to experience fear, anxiety, even panic.
A panic reaction is usually manifested by a desire to escape or hide at any cost. No need to panic. The best thing is to overpower yourself and try to soberly assess the threatening situation, to find the best way out of it. So, what to do if the ex-husband threatens?
It's unfortunate, but domestic violence is a very common thing today. However, it is not always manifested by the use of physical force by the ex-husband in relation to his wife. As a rule, ex-husbands:
Wives are humiliated
They threaten their wives with violence.
Women should know very clearly what to do when a husband threatens. As a rule, the husband threatens his wife because he sees her fear and plays on it. If you are sure that the ex-husband will not move on to active actions, try not to show your fear that you are afraid of him, dependent on him. It’s better to educate yourself or find a highly paid job and your husband’s threats will eventually stop.
Some men have a hard time breaking up (ending) a relationship. They are sure that if their wife (spouse) left them, then by this she insulted them. Such men sometimes begin to threaten violence against women who have rejected them.
In the event that you receive such threats, sensibly evaluate what is more in them:
Desires to bring you back
These are real threats to your family and to you.
In the first option, you can even ignore the threats. Over time, they will stop on their own. If the threats pose a real danger to the health, life of you, or your family members, be sure to contact the police for help. Moreover, until the situation is completely resolved, try to go out into the yard less without the accompaniment of friends or relatives.
What to do when your ex-spouse (husband) threatens you with violence?
The most terrible threats are considered threats of physical violence (that is, harm to health or murder). In the event of such threats, you should not try to resolve the problem yourself. This can lead to tragic consequences.
The Criminal Code of the Russian Federation provides for an article that talks about liability for the threat of murder or causing serious harm to life or health (Article 119). Therefore, if you are afraid of reprisals, contact the district police department and demand that, on the basis of Article 119, you receive a claim (statement).
For any legal questions regarding what to do if an ex-husband is threatening, come to our company. We will suggest the best way out of this situation.
D. beating, waiting for it to stop.
When reprinting or quoting (full or partial), a reference to "Water Delivery" is required.
All Water Delivery materials are intended for users over 16 years of age.
Once he starts hitting you, he won't stop. The family lives in prosperity "Our family lives in prosperity ..." - this is what women say when they cannot leave their husband who beats them. A typical situation is when you become a bird in a golden cage and sacrifice yourself. One cannot but agree that money is very necessary for children, since they need to be fed, clothed and, in the end, taught, and it will be difficult for you alone. You must understand:
Flirting is the hidden art of a woman. Send him a text message telling him what you think of him. Give him the best you have. We tend to give ourselves to work, children, home. And our husbands get the leftovers - our time, energy, appearance. Do your best to keep your body in shape, healthy for yourself and for your husband. A woman belongs to her husband, taking care of herself, she takes care of him too.*** Be positive Can your husband always count on a smile or a kind word?
