One day not too pleasant evening on the phone Anna Mikhailovna came SMSka "At home all right? Nothing happened? "Number from which a message was sent, the woman was totally unfamiliar. First, a bit alarmed, but then calmed down - decided that the wrong number. Anything can happen. But an alarming worm still lodged in his heart. Especially because his son did not answer the phone and he did not come home at night. Night Anna woke up one more call - SMS again and again the question - if everything is OK at home. Will call overage turns reveals that is not thought to warn the household of his absence, did not succeed. Here too the nerves have not sustained. Unpleasant thoughts with terrible images stubbornly crept into his head to fall asleep until morning and failed. To top it all, jumped pressure and to work that morning the unfortunate victim of someone's evil came in raffle overwrought nerves and disgusting feeling.
In short, these stories have already accumulated enough, but still not quite clear - how to deal with such cases and whether to punish such a joker. After hearing stories about phone hooligans broke down and went to authorities, in order to answer the question.
Was smooth on paper, but forgotten about the ravines, the BAT WALK
The first step is to visit into the sales center of the native cellular operator; we have decided that just because they were damaged nerves, then they must also help. As it turned out, the campaign has been undertaken in vain. Administrator, cute smile, explained that any help I can not.
- You need to go to the police - said the girl - they are already conducting their review and find out: who and why you called.
So, step two - went to the duty of the municipal department of internal affairs. Explained the situation, and I'm popular to explain that statement of course, they will accept and carry out checks. However, the hope that the offender will be punished, especially not worth it. According to the laws of a police check can lead to three versions of events: a refusal to initiate criminal proceedings or the preparation of roofing on administrative violation or criminal action, or a protocol on administrative violation. But the last two cases are possible only if we can prove the crime or offense. And for that just need to install a criminal intent and the purpose for which it was done. It is clear that it was unlikely the phone prankster confesses that he wanted to bring someone to a heart attack or a married couple to divorce. In the best case would say that was only joking, but rather, stated that the elementary wrong number.
So the only option - is to file a claim in the Magistrate's Court. Only there, if he perceives a fact of causing physical, material or moral harm, the possibility of making a positive decision. And especially if you're lucky, a "pest" will receive compensation. For the same, to sue in the world court, is sufficient to take the police collected the materials and come with them to the secretariat of the court. There to help draw up an application, explain the rights, responsibilities and procedures.
Took note of the tips and suggestions went to the magistrate's court. I must say that, at least in this instance I have some hope. True, one of the difficulties that may lie in wait for an inexperienced claimant - an independent representation of cases in court. Alas, not all of us ended up law schools and are able to understand the intricacies of numerous laws. Even with the full support of the judges to collect evidence and write requests necessary to investigate instances. Because district judges recommended to insure and to seek assistance in some legal agency. Then the interests of the victim will be the concern of legally savvy representative who, in turn, would be beneficial to punish the bully - in the end depends on the size of his fee.
Well, it seems the finishing spurt to clarify - who can help and how to punish the offender. End Point - legal advice, and, without delay, I go there.
Counsel, in general, confirmed the recommendation of the magistrate, but added to the list of necessary cases a few items. The chief and main board went immediately, as soon as a problem, to conclude an agreement with a qualified attorney. He and a statement to police will help write, and correctly execute the necessary documents, and suggest in any instance handle.
In such cases, there are many pitfalls to understand that the average citizen simply can not. At the very least must be properly classified material. It is one thing, if I rest the insult, and quite another - if the text contained a threat of murder.
There is still danger of the consequences of the submitted claim, which many do not realize. People took the statement of claim, the court considered the materials and concluded that the evidence of guilt is only indirect and acquitted. But in this case, besides the annoyance of the fact that failed to punish the offender, in the accused's role may well prove himself the victim. If against him in court will go a counter claim for moral harm. And experience shows that in such cases, judges give a positive solution. As a result, the victim will get no compensation, but he will be forced to fork out. Experienced as a lawyer, a leading case, try to avoid such a turn.
However, that all has gone high-level best not to enter into a contract with the first counter a diploma of education in law. Better go to a proven advocate's office, and, making an agreement to negotiate even the smallest detail. So you protect yourself and the lawyer was forced to work conscientiously.
Finally, a few recommendations: what to do when you start to "get" on the phone.
First, do not defeat the message. They can be useful in the future. Better yet, do not delay, contact your cellular service provider and ask to connect you to the service, to save all calls. Then you'll not only have a printout of SMS, but also become the owner of the base of voice messages.
Second, immediately begin to seek support for witnesses. They will need in court. If as a result SMSnogo storm undermined the health of you and had to take sedative medication, be sure to save receipts from pharmacies. And not only cash but also trade. Try to take pills or drops in front of other people. If you call an ambulance, then take them a certificate of arrival. Remember, the more evidence you can provide in court, the greater the likelihood that the case you win.
In no case does not call back them to the number from which you have malicious messages. Otherwise, run the risk of serious "fly into" the money. The case can be banal: you call on a mobile from a pay phone provide sexual services, and you call back, trying to figure out - who's your unknown caller. And the more you yell "Hello", the more money goes from your account.
You can, of course, for your own peace of mind does turn your phone off or change the SIM-card. But not the fact that the subject of spiteful not gets your new number or can not find another way to spoil your nerves and mood.
And, perhaps most important. Do not rush to suspect relatives of people with treason and other nefarious deeds. It is better to think together - who can so you try to quarrel. Divorce is always easy, but re-establishes relations case is not simple. And try not to worry too, drawing in my thoughts all sorts of horrible pictures. Surely, your villain is this and is working. So it did not give him such joy.
