According to statistics, theft of a mobile phone is one of the most common crimes for which criminal liability is provided.
The theft of a phone or tablet in modern legislation means the gratuitous secret seizure of a device from its owner.
A criminal act is always committed with direct intent. The motive most often is self-interest. The crime is considered completed from the moment the phone is actually confiscated from the owner. And by theft, according to the note, we mean a set of actions consisting of seizure and circulation in one’s own favor or in favor of third parties.
Important! If you are handling your own theft case, you should remember that:
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Responsibility under Article 158 of the Criminal Code of the Russian Federation begins at the age of 14. If a crime was committed by a person under this age, then he is registered with the Department for Minors, and a protocol is drawn up against the parents under Article 5.35 of the Code of Administrative Offenses of the Russian Federation “Improper performance of parental responsibilities,” which is considered by the Commission for Minors. In addition, victims in civil proceedings (Article 1073 of the Civil Code of the Russian Federation) can recover damages caused to them from the parents of a young child.
Concept and regulatory documents
Mobile theft should be understood as the gratuitous secret seizure of a device from its owner . Such actions are considered crimes of minor importance and are considered committed from the moment the attacker takes possession of the phone.
Before you find out what sentence an offender will receive for stealing a phone, you need to understand what legislation governs this process.
In this case we are talking about Article 158 of the Criminal Code of the Russian Federation. It consists of 3 parts, each of which describes the circumstances of the theft and the subsequent punishment.
Distinction from related crimes
From fraud
The difference between the two crimes is that theft is the appropriation of someone else's property, while fraud is both property and the right to it.
In addition, the first version of illegal actions involves secret entry , and the second involves the fact that the victim, through deception, personally transfers his property to the criminal;
From waste and appropriation
The difference is made regarding the distinctive characteristics of the subject.
This kind of subject is a person who legally owns one or another kind of property, which he got through a legal and civil contract, labor contract, etc., and the criminal uses these opportunities for his own benefit.
And during the theft, the subject is a person who in no way relates to the property that is stolen, and sometimes simply has access to it through his activities.
From robbery
In case of theft, the object (property) is taken secretly , and in case of robbery - openly.
In addition, there is a difference in the subjective reasons for this type of crime.
Types of punishment
The degree of responsibility of the offender and the type of punishment for phone theft depend on several factors:
- Amount of damage caused;
- The age of the person convicted of the crime (under 14 years old, from 14 to 16 years old or an adult);
- Does he have a criminal record;
- The number of participants in the theft.
Criminal liability for theft begins at the age of 14 . Persons under this age are registered with the Department of Juvenile Affairs.
At the same time, a protocol is opened against their parents under Article 5.35 of the Code of Administrative Offenses of the Russian Federation “Improper performance of parental responsibilities”, which is considered by the Commission on Minors' Affairs.
In addition, the injured party has the right to recover moral and material damage from the parents of a minor offender (Article 1073 of the Civil Code of the Russian Federation). They will also be fined from 100 to 500 rubles.
What is the penalty for stealing a mobile phone? The court may sentence the offender to the following types of punishment.
| Art. 158 of the Criminal Code of the Russian Federation | Circumstances of the theft | Punishment |
| Part 1 | “Simple” theft (the phone was pulled out of a backpack or taken from a desk at work while the owner was away) |
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| Part 2 |
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| Part 3 |
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Drawing up an application
How to write a report about the theft of a mobile phone? This document is drawn up in free form and contains the following information:
- Applicant details – full name, passport series and number, address and contact number (home or relative’s phone number);
- A detailed description of all the details of what happened;
- An indication of the estimated location and time of the incident (if you don’t know exactly, you can indicate the area);
- Description of the alleged criminal (full name or special characteristics of this person);
- Description of the mobile device – color, model, distinctive features (chips, cracks, decor, scratches, presence or absence of protective film or glass and case);
- IMEI is a 15-digit identification number that is assigned to each telephone and is written on the box. Upon completion of the case, this identifier will be proof that the found device belongs to you. An alternative to this number is a receipt, warranty card, technical data sheet of the product and other documents. In addition, using IMEI, the mobile operator will be able to accurately track where the criminal is located.
The application is written in 2 copies - one is given to the police officer, the second (indicating the incoming number) must remain with you.
For each application, a special check is carried out, as a result of which law enforcement agencies either initiate a criminal case on the basis of theft, or issue a decision to refuse (for example, if there was no theft, and the applicant found the phone at home/in a bag/pocket, etc. .).
Many people ask, is there any point in writing a statement if a mobile phone is stolen? Of course it makes sense!
Moreover, in most cases, the successful outcome of the case depends precisely on the efficiency of the victim, because crimes of this kind are solved only without delay.
If you have a large amount of money on your mobile account, contact your mobile operator and ask to block the number. If the phone number is linked to a bank card, and you have lost your wallet along with the device, urgently call the bank and block the cards.
How to protect yourself from phone theft
Helpful advice
If you use an expensive communication device, then under no circumstances demonstrate it to unfamiliar company, try not to keep it in sight in the evening and at night, so as not to attract undue attention. Also, do not leave a loud ringer: it is better to switch the phone to “vibrate” mode.
The best protection against phone theft, i.e. To protect against unlawful removal of a mobile device from your property is careful, careful handling of your gadget, i.e. You should not leave it unattended in crowded places, and do not put it in pockets that are inconspicuous for easy access.
After purchasing a phone, be sure to write down the IMEI numbers of your gadget in a notebook or save the packaging that contains these numbers. As a rule, such crimes are most easily solved without delay, so if you have a unique number, the phone will be quickly entered into the database in order to track activation.
Where to apply?
Where should the victim go? A statement about the theft of a phone to the police is submitted to the department that is located at the place where the crime was allegedly committed. If the duty officer refuses to accept the document, write a complaint to the prosecutor's office.
Pre-investigation actions take about 30 days. During this time, the victim has the right to find out the name of the investigator, clarify information about the progress of the investigation on this application and find out what work has been done.
Such actions stimulate law enforcement officers to take active action, because practice shows that such crimes are not a priority.
Don't rely solely on law enforcement officials . Look for the phone yourself - go to thrift stores and pawn shops, look at the ads on websites with used items.
If you see your device, contact the investigator - he is obliged to legally seize the stolen item.
Actions in case of theft
What to do if your mobile phone is stolen? First of all, you need to immediately contact the police.
There you will need to write a statement. The application is written to the head of the police department. It is better to write it in two copies. Let the police take one copy, and on the other they will mark the acceptance of the application. The victim will take the document with the mark with him.
In the application you must indicate your personal data: full name, address, contacts, passport details. All the circumstances of the theft are described in detail: where the event occurred, on what day and at what time, how the crime was committed.
If the victim saw the criminal who stole the phone, then it is necessary to describe his appearance and special features in as much detail as possible.
The loss itself is also described in detail. You must indicate the brand and exact model of the phone, its year of manufacture, and color. Maybe the mobile phone had some special features, for example, chips or cracks.
The IMEI number will be very valuable information . This is the phone ID. It can be found on the box or in the documents from the phone. The presence of this number will allow you to prove who is the owner of the found mobile phone. Cellular companies can also use it to track the location of the loss.
After accepting the complaint, the police will investigate and initiate a criminal case. It is better for the victim to immediately find out who will handle his case and periodically find out the current situation.
It would also be a good idea to block your SIM card with your mobile operator. Especially if there was a large amount of money in the account. And if a bank card was also attached to the phone number, then it is also better to temporarily block it.
What to do if there is a criminal, but no phone?
If the person who committed the crime was detained, but did not have the stolen phone with him, the injured party can go to court demanding compensation for the damage caused to him (both material and moral).
The claim should indicate the approximate amount at which you estimate the inconvenience and suffering caused to you. However, the final amount of payment will be determined by the court.
According to the legislation in force in Russia in 2022, claims must be filed during investigative actions.
If the accused can pay the cost of the stolen device before sentencing, the court will take this into account and reduce the punishment. In this case, it is better to receive money from the criminal at the police station or in the presence of a third uninterested person.
Evidence of robbery
In criminal proceedings, the presumption of innocence is at the forefront (Article 14 of the Code of Criminal Procedure of the Russian Federation). This means that a person who is accused of committing a crime is not considered guilty until it is proven. The accused person can be prosecuted and receive a well-deserved punishment for the crime committed if two conditions are met:
- the guilt of the criminal must be proven;
- The guilt of the criminal must be confirmed by the court with its verdict, which has entered into legal force.
A person suspected or accused is not required to prove his innocence. The prosecution is obliged to prove and refute the arguments of the lawyer of the suspect or accused. It is in the interests of the injured party to assist the investigation and provide all information that may be useful in establishing the guilt of the persons who committed the crime.
Important evidence in case of robbery is:
- testimony of the victim (the more minute details of the robbery he remembers, the easier it is to find the criminal, and therefore the stolen property);
- testimony (in finding witnesses, the testimony of the victim also plays a huge role if he remembers who was present during the robbery or could see the events taking place);
- testimony of a suspect accused of committing robbery;
- material evidence (for example, recordings of video cameras, lenses that were aimed at the scene of the unfolding actions, recordings from the dash cams of passing cars, etc.);
- expert opinions (for example, on examination of blood left by the criminal on the victim’s clothing);
- investigative protocols.
Note! The court will not punish a person if the accusation is based on assumptions. All existing doubts in the evidence base will be interpreted in favor of the defendant.
Even if a person himself admits his guilt, but there is no evidence that he committed a crime, a sincere confession is not the basis for a court to issue a guilty verdict (Resolution of the Plenum of the Supreme Court of the Russian Federation “On the Judicial Verdict” dated November 29, 2016 No. 55).
What to do with a found phone?
Can they go to jail or apply any other penalty if the device is found?
To protect yourself from big problems with the law, follow this scheme:
- If you find a phone in a vehicle or premises (shop, cinema, entertainment center, etc.), give it to the driver, seller, administrator, owner of the premises or other authorized person;
- If you stumble upon a find in the middle of the street, try to find the owner among passers-by (perhaps he did not have time to go too far or is looking for the loss himself) or call the numbers listed in the phone book.
The best option is to take the found device to the police and file a statement about the find.
Owner's threats
If you are talking with the owner of the phone and he throws accusations at you, do not be afraid of threats, just give him the device you found and advise him not to lose it again.
From this moment on, the owner loses all grounds for accusing you of theft.
Also read: What is theft: forms, elements of the crime, punishment
If you really found the device, but despite all your arguments, the owner of the property and the police insist on their own, write a statement of slander (Article 128. 1 of the Criminal Code). Understanding that it is easy to turn from an accuser into an accused person sobers up people who are intemperate in their language.
How to return a stolen phone - complete instructions:
Ways to protect your mobile device
How to protect your phone from theft? There is only one way out - keep it with you and carefully monitor your own things.
But in order to protect personal information and make using a stolen device almost impossible, there are many more ways:
- Remote blocking - invented by Apple, allows you to block phone functions even at long distances, you can download it in any application store;
- Fingerprints – used to unlock the device; the scanner recognizes only those fingerprints that are entered into its database;
- Sound alarm – downloaded from the app store, works even on cheap models;
- Password in the charger - does not accept someone else's charge, is one of the most radical ways to protect mobile phones from theft;
- Installing a bright green display backlight – gives the gadget the appearance of an old monochrome model that is no longer in demand;
- Registering the device with the telecom operator - in this case, the operator will start blocking the phone by imei after theft. This will make it inactive even after changing the SIM card. True, after blocking, not only the thief, but also the legal owner will not be able to use the mobile phone for its intended purpose;
- Blocking a phone number will make making calls and banking transactions problematic;
- Using a complex PIN and screen lock;
- Application of ultraviolet marks - done with special ink, makes mobile identification easier.
Now you know what the consequences of phone theft will be, and you will be able to protect your rights if they are violated. Be attentive to your own things and give up the idea of appropriating someone else’s!
