Where does the line go when a man after sex can be blamed for rape? The expert advised men how to protect themselves from possible slander and rape allegations.
- What should men do to protect themselves from accusations?
- Only one thing: to fix the process itself on audio and video. These records are then required to be taken as evidence of innocence.
- If not so radical: for example, to keep correspondence, that the two were going to do everything by mutual agreement, joint photos or checks from the restaurant?
- This is not taken into account, since even after courtship and a good relationship, a woman could say no at the very last moment.
- What if she screams “no” out of passion, audio and video record it, and then the lady will say that she expressed protest in this way, but the man did not stop, which means he was raped?
“Yes, she can do that and prove something will be very difficult.” The investigation and the court may side with the woman. There are no standards for the victim’s behavior and expression of disagreement, so rape cases are the most complicated. I will give you another case that I know of. Somehow, a middle-aged woman was riding in an electric train and pestering there two young workers returning from the shift. They did not want her, but the lady did not lose hope, and as a result, after drinking a bottle of vodka, the young people reluctantly agreed to satisfy her. She undressed right on the street and lay down in a snowdrift. They didn’t succeed at all - it’s cold, and there were drinkers.
That is, there was no sexual intercourse as such. A half-naked lady went home their way, theirs. On the way, she was stopped by a police patrol (it was a long time ago) and asked why she was walking half-naked on the street, and take it and say that those two had raped her. And the guys still did not have time to turn around the corner, a little bit did not reach the house. And despite the fact that they had no sex at all, the investigation and the court sided with this woman and gave the workers 7 years in prison. Be careful, record everything on video or at least audio if possible.
How to prove the false denunciation of rape?
Here are a few circumstances that indicate a false accusation of rape. Investigative authorities should pay special attention to them.
The identity of the victim. This is a superficial sign, however, if all the relevant procedures are carried out, this analysis will give a definite result.
The circumstances of a false denunciation can be identified by questioning witnesses (if any), requesting a detailed description of the victim's SMS messages and conducting a psychological and psychiatric examination, since women are vulnerable creatures that are prone to fantasies, as many psychologists confirm.
It is very important to analyze the interpersonal relations of the victim with her environment and the suspect, to find out the reasons for the denunciation, and all this to do with a specific task: to convince the victim to confess to the slander.
Confusion in testimony. From the point of view of men, it is difficult to clearly grasp all the facts of those fatal events. But women are a little different. They tend to remember even the smallest details. The mismatch between the testimony and the result of the medical examination can directly speak of a false denunciation.
Inspection of the crime scene. Immediately after receiving information about the rape, the operational group inspects the territory of its commission. As a rule, they look for signs of struggle - parts of underwear, damaged furniture, wrinkled grass. As well as broken branches, fingerprints. In addition, direct evidence is taken into account, confirming sexual intercourse - blood, sperm, etc.
If no such facts were found, this is still a significant circumstance confirming the false accusation of rape.
Inspection of things, clothes, body. Along with studying the territory of the rape, an examination of personal belongings, clothes and bodies of both is carried out, in which traces of sperm, blood, etc. can be detected.
The specificity of such a category of acts as rape presupposes the obligatory resistance of the victims, expressed in external signs in the form of scratches, bruises, bruises, as well as torn clothing and other damage to the environment in the room or outdoors.
All these traces of the crime, associated with signs of resistance and struggle, must be present both on the body of the victim and the rapist.
Microanalysis. Microanalysis can also show a lot in the form of finding hair, nail residues as a result of the struggle.
In our country, this method is rarely reached. But we note that DNA analysis, often used in the United States, has for quite some time now enabled a man to prove that he was slandered. In the Russian Federation, it is held at the discretion of the accused at his expense.
Lack of witnesses. As a rule, in these cases the investigating authorities determine 2 groups of witnesses. The first - eyewitnesses of events - are rare. The second group consists of relatives and close friends of both the suspect and the victim. They give an objective description of their behavior on the eve of the crime. The absence of witnesses to the events is unconditional evidence of the man's innocence.
The identity of the accused. And finally, the identity of the suspect should be examined in detail. As a rule, rapists suffer from mental disorders, which are expressed in sexual desire of a pathological nature or general sexual dysfunction.
If no such signs are revealed, the alleged rapist may suffer from addiction to psychotropic drugs or he may have a criminal record under a similar article. Therefore, the image of a self-sufficient person is rarely combined with a rapist-recidivist.
How to Avoid the False Rape Accusation
I would divide all cases of false accusations of rape into two main groups - (1) the woman has a vested interest and (2) the woman has no vested interest. Moreover, if in the first case, after sex, the woman begins to blackmail and extort money (or pursuing other mercenary goals) before filing an application with the police, then in the second case, the man learns of "rape" already at the time of the direct visit of representatives of law enforcement agencies.
Here you need to make the necessary addition - after intercourse, a woman who wants to plant or blackmail a man has no more than three days to confirm sex with medical examination, if the sex was unprotected, and no more than a day - if a condom was used.
So, possible situations:
The woman has a selfish interest.
The general scheme is this - a woman has sex voluntarily, and immediately after, or for a short time, she tells the man - "Drive the money, or I'm going to file a rape!" Here for a man, if he is not an idiot - a “favorable prognosis” - the cases that will be discussed below when a man finds out that he is a “rapist” - directly from the cops - will be much worse!
As a rule, like most of the prepared crimes, such a false sex, followed by blackmail, is planned by the female in advance. That is, a man should be of commercial interest to a fraudster. Moreover, such a woman can be a messenger of an organized criminal group, by analogy with the fact that serious professional thieves do not go anywhere, but work exclusively on a tip. Therefore, the main method for a man to prevent such “episodes” in his life - either from the beginning not to be of interest to such a crime - not to be rich and not to hang out, or - “you can’t forbid curly living!” - be ready at any moment for such a setup and provide the maximum possible protective measures. About the general measures - video / audio recordings - I will write in more detail at the end of the article, so far about the specifics in this situation.
Firstly - once again - information for consideration - if a man has expensive clothes and other garbage - “accessories”, an expensive car, a good apartment with expensive repairs, and - especially - if he spent a lot of money on the woman in the “courtship” process (restaurants , gifts, etc.) - “give” the female will “give” him - but the probability of flying into blackmail and extortion as a result is directly proportional to the “packedness” and solvency shown to the female. Therefore, if anyone recognizes himself in this image - I advise you to think about it - for a rich guy, especially since he is actively wishing for his security - there is a direct target for crime, and not least - for marriage speculators and similar schemes with fake sex.
If the woman knows exactly how much cash (and other valuables) the guy has in the house - here he is, without prepared protection - just a lid!
The situation here is this - the "trump cards" of the woman "on her hands" (that is, it is clear - where!) - no longer than 1-3 days. If she goes to the police without receiving the money, there will be no way back for her - rape qualifies as a serious crime - after submitting the application and the result of the examination she won’t be “reconciled”, the fraudster will not be able to withdraw the statement - respectively, and it makes sense for the man to pay off only before the woman’s visit to the cop.
Therefore, immediately after the threat, the man needs to portray fear, complete consent to pay off and bargain with the fraudster for at least a day for an urgent collection of the necessary amount. Under any pretext, convince the criminal that the money is not in the apartment (the printing press is not worth it!), And they must be collected! Further, after the woman leaves, you must immediately, by bullet, at any time of the day or night, fly to the police and write a statement addressed to the head of the Central Internal Affairs Directorate about blackmail and fraud. Further, in parallel via the Internet, send an electronic copy of the application to the site of the local superior police department. Ideally, if the sex itself is pre-recorded in video or audio format, these materials must be attached to the application. In principle, it is very likely that local cops will gladly seize the opportunity “for free” to increase disclosure, receive gratitude and encouragement, and either organize an operation with the transfer of marked banknotes to the fraudster and arrest, or simply start a case and go under the article itself woman. Under our laws, it’s unlikely that they will be planted, but nerves will be shaken, a criminal record will be brought, and in general, evil, at least somehow, will be punished.
The woman has no selfish interest.
This case, comrades, will be much worse than the previous one. Because the females do this completely whipped, frostbitten, hating men with the fierce hatred of a mentally ill character, with whom it is impossible to agree, yes, and, often, the severity of the disease of a given creature, a man learns only after he is already “executed” cops. The protection measures here are the same basic ones - video / audio recording of both sex itself and subsequent telephone (if a woman calls) negotiations. It is almost impossible to fully identify such sick females in advance - until they have sex, they can look and behave quite adequately - this is already confirmed from personal experience - there are a lot of cases when a woman who was completely dressed, looking and communicating suddenly started to hysteria.
The only half measure here is not to drag a completely unfamiliar and muddy specimen into the bunk.
In this case, especially (loudly!) It is necessary to mention relatively young women - 16-19 years old, and especially those who are under strict parental control. First, at this age, girls, as a rule, are still completely brainless, and generally do not realize what they are doing, especially when drunk. That is - after a night of crazy drunken frenzy, such a "young lady" in the morning can easily decide to go to the cops. Further, among (especially) such redneck youth, the scheme of revenge for the “former” is popular - the girl who has cheated or “gone” the girl gives water, gives, and runs to write a statement with a crowd of female witnesses.
Further, in addition to the fact that girls aged 16-19 are still completely ... young, and in addition to the fact that we have an “age of consent” of 16 years, up to 18 years, all teenagers are legally incapable and are under the care of their parents. That is, if the parents find out that the daughter of 16-18 years old gave someone, it is extremely likely that she will be forced or even forced to write a statement and undergo an examination.
1. Fuck few (and generally all) familiar women, only on their territory, behind a closed door, without outsiders and witnesses!
2. Be sure to record both sex directly and subsequent communication with the "lady" on camouflaged video / audio equipment. Now on sale there is a very wide selection of both digital voice recorders and video recorders - further technical details of choosing a device and masking it are left up to readers. It is necessary to record not only communication during the visit of the “lady”, but also her subsequent telephone calls to the recorder - blackmail can also be carried out by telephone. It is desirable to mark all video / audio recordings - at the end of the recording indicate the date, place and exactly the recording time.
3. Be sure to use condoms! Moreover, OWN, personally bought, and before sex were out of reach of the female! A condom will not save you from accusations of rape, but it will significantly reduce “freedom of maneuver” for a woman - time for examination.
4. Care must be taken to dispose of used condoms and, especially, their contents. Access to those for the female should be CATEGORALLY EXCLUDED!
- Can you rely on legislation if you are falsely accused?
- How to prove your innocence by legal means
- How to reverse a sentence if it is already pronounced
Professional lawyers know how to prove their innocence. The legislation is so multifaceted that sometimes those who really are the culprit of the incident fall under the responsibility. Turning to a lawyer, you can find out exactly how to prove innocence in a particular case. We will talk about the rules of conduct for self-defense in front of law enforcement officials.
Can you rely on legislation if you are falsely accused?
Investigating the crime, the investigators establish all the circumstances of the incident. The aim is to identify the culprit. Many factors are taken into account:
- personal motive
- the opportunity to get rich
- the possibility of personal participation in the deed (presence),
- other things.
According to these and other criteria, a person who is assigned the status of a suspect is detained. Here, the law establishes the duties of investigative team employees and citizens who are under suspicion.
Investigators are required to establish the degree of guilt of each of those involved in the incident. But the person who came under the charge needs to help solve the crime, and nothing more. The presumption of innocence in our country states that the accused is not required to prove his innocence.
Unfortunately, the effect of this provision does not in any way ensure that only those responsible are behind bars. An innocent person may be behind bars. There are many reasons for this:
- imperfect legislation
- insufficient quality of the methods used to identify the perpetrators,
- incompetence of investigative and judicial authorities,
- the unwillingness of law enforcement officials to get to the bottom of the truth,
- third-party interest in this outcome,
- abuse of authority
- material engagement and others.
In view of this, the sentence “they don’t renounce a prison” appeared. But in fact, people have the opportunity to get out of this situation. And legal measures are also available.
How to prove your innocence by legal means
A person who finds himself in a difficult situation, when everything indicates his involvement, is obliged to use the services of lawyers. This possibility is provided by the current legislation of the Russian Federation. If you did not do it right away, there are several rules for protecting against investigative arbitrariness:
- Do not allow self-incrimination. No matter how hard it is to take anything on yourself, you must also agree with the wrong opinion of the investigator.
- Do not sign anything without looking. Before you put an autograph on any document, you must check the veracity of the information specified in it.
- Do not go on the offensive yourself if you are not 100% sure of a positive outcome. People in jail are not all prisoners. No rush, nervous breakdowns, disappointment in victory.
- Having evidence of your innocence, do not disclose it immediately. Even if it's an absolute alibi. The duty of the investigative team is to check every word. And if they manage to refute the alibi, this will cause strong suspicion not only among them, but also in court.
- Demand a lie detector expertise. But, only when you are 100% convinced of innocence, calm and balanced. Long-standing law practice suggests that it was possible to prove innocence with the help of Polygraph both during the preliminary investigation and during the trial.
Выдвигая требование в проведении экспертиз, помните, что сотрудники следственных органов должны его удовлетворить при наличии объективных к тому причин. Ваше право на «Полиграф» прописано во 2-й части 159-й статьи УПК России.
Как отменить приговор, если он уже вынесен
Услышав решение суда с обвинительным заключением, необходимо немедленно подавать апелляционную или кассационную жалобу. In the end, you can achieve a review of the case. So, the verdict will be canceled, and the court decision may be acquitted. Sometimes, for some reason, a complaint is not filed on time, and an unjustly accused person goes to jail.
If you are already in prison by an unfair sentence, you can prove your innocence. To do this, file a supervisory appeal. In its drafting, the participation of a professional lawyer is required. Each mistake made may result in a denial of consideration.
Even if you are guilty, but the verdict is too severe, it is necessary to apply for a review. In this case, the result of the consideration of the complaint may be the replacement of the Criminal Code article with another, less rigid in relation to the accused. A change of article leads to a reduction in the term of serving a sentence (sometimes by half). Moreover, depending on the crime, mitigation of punishment or acquittal can be achieved. In any case, this should be done jointly by a lawyer.
Citizens! Be carefull! Keep your money closer to your body!
Be carefull! Keep your money closer to your body!
It is not necessary to think that pickpocketing and fooling citizens are seasonal in nature and are associated with a mental exacerbation of criminal elements. All these offenses can be associated with only one unchanging reason - the thirst for profit.
On September 17, at noon, another elderly woman became a victim of pickpockets. Just entering the building of the Balabanov post office, she noticed that her bag was cut, and the documents and eight hundred rubles were missing.
The likelihood of agreement in this case increases many times.
7. Take away the conversation from dangerous topics Avoid “sharp corners” and those that can increase the conflict, as well as those that are a weak point for you. If something like this pops up, urgently turn off the conversation from this, say: “We are not talking about this, but about ...”, “this has nothing to do with the matter, only ...”. eight.
Failure to prove their innocence in theft of cable by defendants
In the Pavlograd City Court the hearing on the charge of two local residents - 30-year-old Ruslan Yurevich and 22-year-old Denis Popov - in theft of cable was completed.
Already in court it turned out that fingerprinting was carried out by the local policeman, and not by the investigator.
The secateurs, which appeared in the case as material evidence, the court did not recognize as evidence.
Both accused are unemployed and previously convicted.
At the place of residence they are characterized negatively. The court decided that the accused must be punished by imprisonment.
The verdict says: Ruslan Yurevich sentenced to 5, 5 years in prison, Denis Popov - 4.5 years in prison.
In addition, they must pay PJSC Ukrtelecom 4 thousand 319 UAH 14 kopecks. damage caused.
The lawyers of the defendants intend to appeal to the court of appeal, disagreeing with the verdict of the court. By law, they have the right to file an appeal within 30 days.
Tips on how to behave to the seller, in case of shortage
That is, the seller according to the documents receives the goods at the same price, over time a markdown is made, which they forget to take into account during the inventory, In addition, the reason for the shortage may be an inadequate security system in the store, when the customers simply steal the goods (eating, not reaching the checkout counter or hiding in pockets, bags).
What can sellers be responsible for?
Tactics of interrogating a suspect who denies involvement in a crime
Evidence is required for the theft charge. It should be remembered that if there is not enough evidence, the law will be on your side. We must not forget the presumption of innocence (Article 14 of the Code of Criminal Procedure), which states that:
- The accused shall be presumed innocent until proved guilty of a crime in the manner prescribed by this Code and established by a court verdict that has entered into legal force.
- A suspect or accused is not required to prove his innocence.
- If there are video cameras at the workplace, in the shopping center or other premises where you were at the time the crime was committed, then you need to petition the investigator to remove the recordings from the video surveillance cameras.
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That is, you can use your mobile phone to set your location during the theft.
To do this, it is enough to provide the investigator with the subscriber number and IMEI of the mobile phone.
This is evidenced by:
- The lack of a real opportunity to return the phone to its rightful owner, for example, because the phone does not have any contacts or a SIM card.
- The finder does not know to whom the phone belongs and cannot guess about it.
- The situation where the device was found does not mean that the owner went away for a while and will be back soon.
- The lack of a selfish purpose to enrich oneself, since the phone was found by chance, unexpectedly for the finder.
During the interrogation or interrogation, tell us where, when, and under what circumstances the telephone was found.
During the testimony, tell us that you did not plan to use it, stored it and wanted to return it to the owner or transfer it to the authorities.
Do not immediately agree with the accusation.
Back to contents ↑ ○ Legal advice: ✔ At work, I have access to the director’s office, recently a large amount of money from the safe has disappeared, are they accusing me of what to do? If a criminal case has been instituted against you, but you are innocent, then never write a confession.
Even if you will be pressured by law enforcement agencies or other participants in the criminal case.
Practice shows that the refusal to appear and initial confession does not bring favorable consequences.
If it is not possible to independently establish the owner, then take the find to the police or local authorities.
The burden of proving the charge and refuting the arguments presented in defense of the suspect or the accused lies with the prosecution.
- All doubts about the guilt of the accused, which cannot be eliminated in the manner prescribed by this Code, are interpreted in favor of the accused.
- A guilty verdict cannot be based on assumptions.
- Also, if the statement is false, you have the right to file a response with the police on charges of intentional libel (article 306 of the Criminal Code of the Russian Federation). The offender faces serious punishment under Article 306 of the Criminal Code.
You need to request a call to your family or relatives in order to provide you with the advice of a lawyer in criminal matters.
If necessary, the lawyer will be able to ensure victory in court.
The actions that have been proven to limit the rights to defense often ruin the case.
In the event of violence, gather evidence that will confirm the beatings and more.
Do not forget to report this to the Investigation Committee and the prosecutor's office.
If you were not arrested, remove the beatings at the emergency room. Statement for the investigator in the case of allegations Applications should be sent only after the case has been set in motion.
It is formed by the investigator as a separate document. Further, the accused is granted certain rights. The following petitions concerning the organization of investigative measures should be sent directly to the investigator.
You can’t agree to confess if the prosecutor requires it, threatening that if you don’t confess, he will file a complaint with the police.
You will most likely be required to return the indicated amount.
In no case do not agree, even if such a proposal came from a servant of the law.
If you return the money - this will be considered evidence of your theft. When applying for you, you need to contact a lawyer, consult with him.
You have the right to remain silent until the attorney arrives.
Before you give evidence, you must fully familiarize yourself with the details of the case and the charges against you. Be confident in the conversation and not admit guilt completely.
How can you make you absolutely guilty or divorce polygraph examiners.
Theft is one of the most common crimes in the Russian Federation.
The legislator provides for different types of punishment for theft, including imprisonment.
The guilty must be accountable to the law for his illegal actions. But what if theft is blamed unreasonably. What to do in a difficult situation and how to behave at the stage of the preliminary investigation, we will consider in the presented article. Content of the article ○ Theft in terms of law.
Even if the kidnapper will be noticed, but he will not guess about it, in his actions there will be a composition of Art. 158 of the Criminal Code. For the commission of the action provided for in paragraph 1 of this article, one of the following penalties is imposed:
- Penalties, not more than 80,000 rubles or within the limits of a certain income of a convicted person for half a year.
- Mandatory work within 360 hours.
- Correctional work, lasting up to 12 months.
- Up to 2 years of freedom may be limited or forced labor may be appointed.
- Detention for up to 4 months.
- Imprisonment in the redistribution of 2 years.
A criminal case is instituted when the value of the stolen exceeds 1,000 rubles, and in the actions of the offender there are no additional signs of theft. Qualifying signs of Art. 158 of the Criminal Code are reflected in three parts of this norm. Responsibility under Part 2 of Art.No video!
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This can be done independently in a commercial organization, or undergo an examination based on the decision of the investigator.
- Attach to the materials of the criminal case the positive characteristics from the place of work, study, from neighbors, as well as information about the financial situation.
- All applications for individual investigative actions must be submitted in writing, sent through the office or by mail. You can submit the application in person, but so that you have a second copy with a mark of acceptance.
If you receive a refusal to satisfy the application, you can appeal it to the head of the law enforcement body, in the prosecutor's office or in court.
Found a phone on the street, got a charge. If you find a mobile phone on the street, and you were accused of theft, you must prove your innocence.
To do this, it is advisable to focus on the fact that the phone is a godsend.
Many had to deal with an unfair, and sometimes boorish, attitude towards themselves. In life, no one is safe from various unpleasant moments and situations. The question becomes more complicated when one has to face such injustice at work and endure humiliation or insults from superiors, and especially when your guilt is not happening.
Working with money is often dangerous, and when a certain amount is not counted at the box office, everyone starts to suspect. Let us consider in more detail how to prove our innocence of theft or shortage.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know How to solve your particular problem - contact the online consultant form on the right or call +7 (499) 938-44-31. It is fast and free!
As a rule, an employee who works with money or with goods is a financially responsible person. When accepting you for work, you must sign the corresponding contract.
If your company nevertheless has a shortage, then by law the employer has the full right to recover material damage from its employees, but in the amount not exceeding the average wage. The procedure for attracting an employee to compensate for material damage is established in the legislation by articles No. 247, 248.
Article No. 247. An employer is required to establish the amount of damage and the reasons why this fact occurred. In turn, the authorities are obliged to conduct an audit and establish the circumstances of the shortage.
If you refuse to write such a paper, an act will be drawn up on this subject. But this is not in your interests, especially if you are confident in your innocence. You can resort to the services of a lawyer and with him monitor the progress of the inspection, get acquainted with the relevant documents for its conduct.
Article No. 248 of the Labor Code. By order of your immediate superiors, you have the right to remove the resulting shortage in an amount not exceeding your average monthly salary. Such an order, in accordance with the law, can be announced no later than the first month after an audit at the enterprise and the establishment of all facts and the extent of the shortage. The amount of the allowable amount that can be collected from you is calculated after the full deduction from the personal income tax.
What you should pay attention to first of all:
- You should know that if a month has passed already after the check, and you do not agree that you were charged with a shortage, and its size significantly exceeds your average monthly salary, then the company management has the right to file a lawsuit, and this issue will be decided already there .
- If the above measures to establish the facts of a shortage on the part of the management are not observed, then you have the right to appeal these actions in court.
If you agree with the results of the audit, then the damage can be partially compensated voluntarily, while a deferred payment is allowed under the contract that you will draw up with the management of the company.
In the event that after what happened you are going to be fired and you have already signed a document confirming your involvement in the shortage, but you refuse to compensate for it, the employer has the right to sue you.
- In the event that you are not involved in the shortage, but the management blackmails you and forces you to pay the damage caused to the organization, go to the police and write a statement about the employer's abuse of authority and fraud.
It will be advisable if you yourself follow the progress of the audit. Failure to comply will only suit you.
- Inspection should be carried out according to instruction No. 69.
- A commission is created from specially trained people.
- A certain document is drawn up upon the fact of the audit, in which the cashier or the person responsible for the goods must make a note that he agrees with the results of the audit.
The answer to the question: “how can one prove innocence of a shortage” is not simple. In any case, if you think that you are not to blame, write a statement to the police, they are obliged to understand this case.
Material security measures
Before you begin your direct duties at the workplace, familiarize yourself with the enterprise security system in detail, which in the future can save your reputation.
Be sure to check whether the activities of the enterprise are carried out in accordance with the law. Whether there is a cash register or cash is not officially accounted for anywhere. Try to protect yourself as much as possible from possible unpleasant circumstances.
Neglect of the most basic safety rules and precautions will not lead to anything good. First of all, you yourself should protect yourself from various kinds of troubles associated with liability. Therefore, for starters, you need to be honest with yourself, and this kind of problem will not affect you.
If you are accused of theft it is very serious. Instantly there is a list of problems that need to be addressed. To begin with, this is evidence of innocence, a consultation with a criminal lawyer and ways to help defend yourself even at the stage of investigation.
The accused is not required to independently confirm his innocence. When the case was brought to court, a lawyer must do this. But you can’t do nothing, because it happens that the investigator “did not figure it out” and, as a result, they condemn the wrong thing.
In no case can you confirm the charges if you are innocent. The psychological pressure of the investigation indicates inconsistencies with proof of guilt. And the police are trying to simply beat out the confession.
Request clarification of your rights. It is the direct duty of the police to clarify the right to defense and the ability not to testify against themselves.
You need to request a call to your family or relatives in order to provide you with the advice of a lawyer in criminal matters. If necessary, the lawyer will be able to ensure victory in court. The actions that have been proven to limit the rights to defense often ruin the case.
In the event of violence, gather evidence that will confirm the beatings and more. Do not forget to report this to the Investigation Committee and the prosecutor's office. If you were not arrested, remove the beatings at the emergency room.
Statements need to be sent only after the case has been set in motion. It is formed by the investigator as a separate document. Further, the accused is granted certain rights.
The following petitions concerning the organization of investigative measures should be sent directly to the investigator. Depending on the outcome, file complaints with the prosecutor or the judge if you think the answer is unfounded.
Statements, petitions, complaints - everything is provided exclusively in writing. Поскольку это единственный вариант доказательства нарушения расследования. Если дело еще не начали, жалобы следует подавать либо начальнику полицейского отдела, либо в суд.
Алиби является подтверждением невиновности человека. Конкретнее — его отсутствия на месте преступления в момент его свершения. If you have an alibi, you need eyewitnesses who can confirm it. Sometimes witnesses do not agree to testify because they are not sure of the accuracy of the memories.
They may have their own reasons for refusing. It is possible that the confirmation will have to be verified independently, with the help of a lawyer or a trusted person. If there are witnesses, it is necessary to ask the investigator for their interrogation. Despite the fact that the testimonies of relatives or friends are taken into account, they are interested persons, therefore they still doubt their words.
To prove the presence of an alibi, not only with the help of witnesses, but also documents (movie ticket, etc.), recordings from surveillance cameras. Perhaps this will be the main fact in proving their own innocence.
Very often, the evidence of eyewitnesses becomes the main evidence in the theft case. But at times, these eyewitnesses may doubt the veracity of their own words. In addition, contradictions can be observed in the testimonies of individuals. As, in fact, in other circumstances of the investigation. For example, fingerprints, DNA expertise, documentary evidence.
Such cases may result not only from errors, but also from the deliberate actions of eyewitnesses. An effective move will be a psychophysiological study. More specifically, a polygraph test.
If you were falsely accused of theft and brought the matter to trial, you will need a criminal lawyer who will build a defense based on all the nuances of the case, mention violations of the investigation process, if any. Judges with experience also note possible irregularities. Then the case is returned to the prosecutor to correct them.
A common form of violation is the suppression of any points on the fact of theft or on its fulfillment to those who were accused. The court is able to return the case to the investigator or prosecutor on the same day or after several hearings. Formally, it is necessary to correct the violations, but often the case is terminated due to the lack of reliable evidence of theft.
It’s quite possible to defend your case in court if you actively participate in the case. Otherwise, there is a risk of a conviction. The main key to success is the correct behavior during the meeting.
In life, a variety of situations and circumstances may arise in which a fully law-abiding citizen can be blamed for both some vices and crimes. Most often there are situations when a stranger is mistakenly (and sometimes consciously) accused of theft. And this is not surprising - the main feature of the theft is that the victim does not discover the loss immediately at the time the crime was committed, but only after the attacker has successfully disappeared.
It is because of this that proving guilt is difficult. But this does not mean that you do not need to defend yourself against a false accusation. In this article we will tell you how to remove suspicion of theft, get rid of the charge, and also tell you what you need to do after you are found not guilty.
To begin, consider the basic definitions. Theft is a felony of small and medium gravity (the severity depends on the damage and the method of theft itself). She means by herself secret theft of another's property. Moreover, it must necessarily take place without the knowledge of the owner of the property, otherwise it can be regarded as a robbery. The description of the theft is given in Article 158 of the Criminal Code of the Russian Federation. This article has 4 parts:
Part One of Article 158 of the Criminal Code gives a general concept of theft and addresses standard cases of theft. The punishment may be: fine up to 80,000 rubles, up to 360 hours compulsory work, until 1 year correctional work 2 years restrictions on freedom 4 months arrest or imprisonment for a term up to 2 years.
Part two of Article 158 of the Criminal Code considers theft committed by a group of persons, theft from clothes or theft from a non-residential premises (for example, a warehouse). As punishment can be used: fine up to 200,000 rubles, up to 480 hours of compulsory work, up to 2 years correctional labor, forced labor for a period up to 5 yearsterm of imprisonment up to 5 years.
In the third part of Article 158 of the Criminal Code Large-scale thefts, theft of natural resources, or theft from a dwelling are considered. The guilty party is facing the following types of punishment: a fine up to 500,000 rubles, forced labor for up to 5 years, term of imprisonment up to 6 years followed by a fine up to 80,000 rubles.
In the last one, the fourth part of Article 158 of the Criminal Code considered thefts committed by an organized criminal group, as well as theft in an especially large amount. The punishment will be imprisonment. up to 10 years followed by a fine up to a million.
As you can see, theft is a very versatile crime, and the amount of punishment for it depends both on the presence of aggravating circumstances and on the value of the stolen property. However, this does not affect the methods of defense in case of false accusation of secret theft - they will all be the same both when charged with a small crime (for example, pickpocketing), and with a large theft.
Before talking about protecting our own interests, we recall that The basic principle of criminal proceedings in Russia is the presumption of innocence. It implies that a person cannot be accused of a crime until his guilt is proved. So you neither individuals nor legal entities can bring formal charges without evidence. And even public services must necessarily find at least some evidence before making charges.
In connection with the foregoing, we can conclude that if you have been accused of theft, you are not obliged by law to prove or explain anything, since this is the prosecutor’s task. However, this does not mean that the best tactic is to do nothing at all and follow the development of events from the outside. The most effective first step is to call the police yourself. If you are accused with malicious intent, then this will not only knock down the intruder’s plans, but will also make it easier for you to prove his bad intentions in the future. If you are mistakenly accused, then you will help to quickly find the culprit and relieve yourself of suspicion. Anyway, your task will be to explain to the police that you are accused of theft illegally, and that you are ready to help everyone you can.
The second step is also very important - you will need to prove that it was you who did not steal. Doing this is easy enough if you have witnesses who will provide you with an alibi. Of course, the presence of witnesses is the most ideal option, but if they are not, then will have to look for alternative methods. For example, if the theft occurred on the street, you can search for surveillance cameras and ask the owners of the recording.
The third step isto properly prepare your defense in the event that you are charged and the case goes to court. In this case, it is better to trust professionals and hire an experienced lawyer specializing in the Criminal Code of the Russian Federation. He will help to properly organize the conduct of the case, conduct the necessary expertise, collect evidence. If you really have nothing to do with theft, then it will be easy for him to do this.
What to do after you prove your innocence?
And your innocence is proved, and you have a decision of the police or the court that you have no relation to the theft, and the charges against you are false. In this case you have two options: either forget about this case and reconcile with the prosecutor, or file a counterclaim with accusation of defamation. Defamation is a criminal offense, the essence of which is the willful accusation of a person of an act, discrediting his honor and dignity. So if you are sure that the charges were brought against you with malicious intent, then feel free to file a lawsuit.
In order to start a libel proceeding, you will need to either file a complaint with the police or a lawsuit in court. Their shape is almost identical: they will need to indicate when, by whom and how the false accusation was made, as well as point to evidence that these accusations had malicious intent. The trial itself is of a very specific nature, since it will not be necessary to prove the crime itself (it has already been proved by a decision of the police or the court), but to find reasons to consider a lie intentional. Doing it yourself is extremely difficult, so we, again, recommend that you find a lawyer.
What to do if you are accused of the theft of which you are guilty?
The only advice we can give you in this situation is confess to crime and try to resolve the issue peacefully. The fact is that the legislation of the Russian Federation provides for a process of reconciliation between citizens, which allows you to remove absolutely all charges from the offender. However, achieving such a reconciliation is not so simple - it will be necessary not only to return the stolen and to pay compensation in case of damage (both material and moral), but also fully resolve all disputes with the injured party. Only in this case can we talk about the complete abolition of criminal liability.
Appearance will also be useful in the event of major thefts or inability to reconcile with the affected party. It will not be possible to remove all the charges in this way, and the criminal case will still be opened, however independent appearance, cooperation with the investigation and full admission of guilt (as well as payment of compensation) can significantly mitigate even the most severe cases of theft.
Criminal Lawyer. Experience in this area since 2006.
Any theft is illegal. It entails criminal or administrative liability.
But no one is immune from allegations of theft. Proving your innocence is not as easy as it seems.
What if you were accused of theft, although you did not commit anything illegal? We will analyze how to act in such a situation and defend our rights.
Accusations of theft can follow at the most unexpected moment - when leaving the store or public transport, when calling the police for interrogation. This does not mean that you were deliberately recorded as criminals and will be prosecuted.
You can be blamed:
Often these are claims from other citizens, store employees, security guards, and police officers. They will not entail serious consequences, and most conflicts can be settled on the spot.
Here the matter is already "smells of kerosene." A written theft statement filed with the police is a basis for verification. You may be called for interrogation as a witness or suspect.
- In a criminal case
Such serious charges are made according to the testimony of the victim, evidence from the place of theft, etc.
If you were unfoundedly called a thief, then you should not be afraid of prison. Oral claims still need to be proved.
Although the responsibility for proving guilty of theft lies with law enforcement,