The institution and termination of a criminal case often happens very differently than it is shown in television shows and films. The victim or witness cannot withdraw the criminal charge, since the case is dealt with by lawyers in public administration. However, you can take steps to convince prosecutors not to give the case a run by giving them new evidence or stating that you are not ready to cooperate. However, the final decision will not be made by you.
If you are charged, see “How to Get Rid of a Criminal Prosecution” instead of this article.
The content of the article
Anyone can face charges of theft. That is why it is necessary to know how to properly respond to public or private claims, where to go for legal protection.
Inhabitants call a criminal offense - theft, which is the secret possession of another's property or thing without the knowledge and / or consent of the owner (Article 158 of the Criminal Code of the Russian Federation). In many cases, the allegations are knowingly false or unfounded. It must be remembered that the presumption of innocence is valid, according to Art. 14 Code of Criminal Procedure. This means that a person is presumed innocent until proven otherwise.
Procedure if the tenant accuses theft
With public or behind-the-scenes charges of embezzlement, other unseemly acts, there is no need to panic. You should understand the grounds for the claims and the punishment that follows. For committing theft comes responsibility, which depends on the value of the stolen property:
- up to 2.5 thousand rubles - petty theft (Article 7.27 of the Administrative Code of the Russian Federation), for which an administrative fine or arrest for a term of 50-120 hours is assigned,
- from 5 thousand rubles - ordinary theft (part 1 of article 158 of the Criminal Code of the Russian Federation), criminal liability ensues,
- from 250 thousand rubles - a large size,
- from 1 million rubles - a particularly large size.
If the landlord accuses you of stealing his belongings, you need to contact a lawyer to draw up and file a lawsuit in the private prosecution under art. 129.1 of the Criminal Code (defamation) or a lawsuit to protect honor, dignity and business reputation (Article 152 of the Civil Code of the Russian Federation).
If you have been accused without proof, this cannot be left without punishment. Often, scammers use these methods to make money on citizens' fears. The prosecutor or the police may offer you a deal on the spot, but you do not need to agree. A verification of theft should be required.
The tenant accuses of theft of nonexistent things
When the victim contacts the police and there is no evidence of theft, law enforcement authorities refuse to initiate criminal proceedings. The injured must provide checks, receipts, passports for equipment. The groundlessness of the claims will immediately be revealed.
If the charge was knowingly false or erroneous, the victim or other person may be held liable for:
- dissemination of knowingly false information defaming the accused. According to Art. 129.1 of the Criminal Code of the Russian Federation punishable by a fine of 500 thousand rubles to 5 million rubles or mandatory work 160-480 hours,
- knowingly false denunciation of a crime under art. 306 of the Criminal Code is punishable in some cases by imprisonment for up to 2 years,
- illegal actions regarding the honor, dignity and business reputation of citizens (Article 152 of the Civil Code of the Russian Federation) are fraught with compensation for losses, for example, expenses for attracting lawyers, and compensation for moral damage.
How to remove the property theft charge?
The basis for the charge of theft of money or property are:
- testimonies of witnesses or victims,
- recording surveillance cameras,
- financial documents related to professional activities,
- material evidence - for example, the personal thing of the accused, forgotten by him at the crime scene, otherwise.
How to kick an unscrupulous tenant?
It is necessary to initially enter into lease agreements with the tenants. If the contract is oral, the tenant must leave the premises at the first request of the owner. But this happens extremely rarely. In case of refusal, the owner will have to contact the police, present a certificate of ownership of the apartment or extract from the Unified State Register of Legal Entities, and demand the eviction of illegal residents.
Note! If a lease is concluded between the owner of the apartment and the tenant, the conflict is resolved by the court, since eviction of the legal tenant is possible only by a court decision, in accordance with Art. 35 LCD RF.
On the initiative of the landlord, the contract is terminated in the cases stipulated by the Civil Code of the Russian Federation:
- non-payment of accommodation for 6 months. under a long-term 5-year contract or delay in payment more than 2 times under a contract concluded for a period of up to 1 year,
- non-payment of utilities, damage to property,
- constant violation of the interests of neighbors,
- renting out an apartment without the knowledge of the owner,
- misuse of housing.
The court procedure is as follows: 3 months before the alleged eviction, the owner of the apartment warns the tenant about the eviction by handing a receipt or sending a registered letter with a notice. The request shall indicate the period during which the person must vacate the apartment. If the tenant evades receiving the notification, as well as ignoring the owner’s requirements, the latter has the right to apply to the court to resolve the conflict.
While the trial is ongoing, an unscrupulous tenant uses the living quarters. After receiving a court decision, the bailiffs will be involved in eviction.
Do not open the locks, otherwise the tenant may accuse you of stealing jewelry, and it will be difficult to prove his innocence in the loss. The best solution to prevent this situation is the competent preparation of a contract of employment. If you want to consult with lawyers on this issue, we suggest contacting our experienced specialists by phone or through the form on the website.
What to do if the rape charge is false
If a man accused of committing forced sexual intercourse is innocent, he must make every effort to prove this. Solving a similar problem on your own, without relevant knowledge and experience will be very problematic. To help and develop a defense strategy, it is best to immediately contact a professional lawyer. When choosing a candidate, the following criteria are taken into account:
- qualification of a lawyer,
- experience and experience in conducting such matters,
- number of processes won
- reviews of persons who used his services.
The accused must not sit idly by. He needs to independently collect evidence of his innocence:
- testimonies of witnesses and eyewitnesses,
- photo and video materials with a woman who filed a complaint with the police,
- SMS messaging and social networks,
- records of telephone conversations containing information useful to the investigation, threats and demands by the applicant.
For false accusations of rape, responsibility will be assigned in accordance with the Criminal Code, article 306. A punishment will be imposed during the trial. Among the most commonly used types of punishment are:
- a public apology to the falsely accused man,
- pecuniary damage. The amount of payments will depend on the requirements of the accused and the evidence provided of the damage received.
Avoiding False Accusations
In order not to bring the conflict situation to trial, it is necessary to resolve all disputed issues with the sexual partner in advance. It is better to discuss the situation without accusations and ultimatums and find a compromise that will suit each side of the conflict.
Have a question for a lawyer? Ask now, call and get a free consultation from the leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.
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If a threat is raised in writing a police rape statement, it is necessary to clarify the possible consequences and responsibilities. The best way to avoid the false accusation of rape is to choose sexual partners you can fully trust.
How to hold a liar accountable
You can prosecute a woman who wrote a rape statement that did not exist. If the case has not yet been brought to court, but the man already knows that it is planned to file an application with respect to him, it is necessary to act in advance. You can file a police report, which consists of three parts:
- the full name of the police station to which the application is sent,
- address of the recipient,
- personal data and the title of the law enforcement officer to whom the application is sent,
- personal data of the citizen who wrote the application,
- applicant registration address
- contact information, e-mail, telephone of a citizen contacting the police.
- Main part
- personal data of the prosecutor and the accused,
- information on the nature of the allegations
- the request that the applicant makes to the law enforcement authorities,
- legal grounds to satisfy the above request.
- Final part
- list of documents attached to the application,
- personal signature of the applicant,
- date when the appeal was made.
If the application has already been submitted to the court or the police, it is first necessary to prove that the allegations of rape are false. Only after that can you write a statement for compensation for moral damages and consider the issue of holding liable for libel. The counterclaim form has some differences from contacting the police described above:
- Such a claim is sent to the court, so the recipient’s personal data is not indicated in the heading. But information about the defendant is added. (Name, contact details),
- the main part of the appeal indicates the number of the case, during the course of which it was proved that the allegations of rape were false. The full number of the criminal case must be indicated,
- the final part should contain a list of all the materials that were used in the consideration of the rape case
After receiving such a statement, the court takes it to work and sets the time for its consideration. During the trial, the applicant must provide evidence that the rape allegations were deliberately made for selfish purposes.