Documents were stolen: what to do? Report of theft. Document recovery

Theft is the most common type of crime in the Russian Federation, according to official data from the Ministry of Internal Affairs. They steal not only property (wallets, baby strollers, etc.), but also documents. The consequences of the theft of official papers often cause no less damage to their owner than the theft of, for example, a gold bracelet or an expensive car. Their disappearance could ruin a million-dollar deal, loans could be taken out for a stolen passport, etc. How does Russian criminal law classify paper theft, what to do if you become a victim, and which structures to contact? In this article you will find tips to help minimize the risks associated with document theft and recommendations on how to restore them.

Punishment for stealing documents

It’s worth starting by pointing out that the theft, damage, destruction or concealment of official documents is Article 325 of the Criminal Code of the Russian Federation. Such actions, as a rule, are of the nature of direct intent. They are carried out out of personal interest or self-interest. Have your documents been stolen? Got your driver's license stolen? These are truly criminal acts, which can result in the following types of punishment:

• fine up to 200 thousand rubles;
• a fine in the amount of the accused’s salary for up to 18 months;
• carrying out compulsory work for a period of up to 500 hours;
• carrying out corrective labor for a period of up to two years;
• forced labor for up to one year;
• imprisonment for up to a year;
• imprisonment for up to 4 months.

If the direct intent of a criminal act has been proven, then any of the presented punishments can be quite realistic. What is meant by direct intent? This is an idea of ​​possible negative consequences, an understanding that a crime is being committed. For example, robbers who stole a car, but did not realize that it contained documents for the car, will be convicted of stealing a car, but not for stealing documents.

Arbitrage practice

Most often in judicial practice, Part 2 of Article 325 is encountered. It is the personal documents of citizens that become the target of theft. Thus, a citizen of Yekaterinburg was convicted of passport theft under Article 325 of the Criminal Code of the Russian Federation. Using a document stolen from a neighbor, he was going to take out a loan from a microleasing organization. However, campaign staff became suspicious of a discrepancy in the document and called the police.

A fraudster from St. Petersburg stole a pension certificate from an elderly woman, from which she expected to receive a pension. The court sentenced her to arrest.

The most stolen documents also include a driver's license, title documents for a car and an apartment.

Passport stolen: we go to the police station

What to do if the most important identification for a person, namely a passport, is stolen? It is necessary to contact the police as soon as possible. You really shouldn’t hesitate with this, otherwise quite serious problems may arise: for example, obtaining a loan using passport data or opening a fraudulent src=”https://businessman.ru/static/img/a/43355/313064/43003.jpg” class=”aligncenter” width=”700″ height=”382″[/img]

You must file a report of theft with the police. A sample is always available in the department. Everything needs to be stated on paper in as much detail as possible: when the theft was committed (or when the loss was discovered), what was stolen in addition to the passport, a possible description of the criminal, etc. The police, having accepted the application, will be required to issue a special notification card to register the incident.

How a stolen passport can be used by scammers

If a passport is stolen or a person has lost it, there is a possibility that it will fall into the hands of fraudsters. This often happens in practice. In this situation, scammers can:

• use bank cards of a person whose passport was seized;
• take out a microloan using his document;
• re-register property;
• open an individual enterprise;
• use the document for entertainment.

Someone else's passport is used to take out loans. This is especially easy to do on the MFO website, when a person only needs a scan of their passport. Fraudsters also use other schemes. It is difficult to prove that a citizen is not involved in attracting him as a borrower for a loan. And this is done through the courts.

It is difficult to take out a loan in a person’s name using his passport. Large banks do not issue loans remotely. If they pre-approve them through an online application, the person will have to sign the documents. For example, a loan agreement in the office of a credit institution, or in the presence of a courier. It is difficult to present someone else's passport.

Let's go to the Main Directorate of the Federal Migration Service

With the coupon that was issued at the police station, you will need to go to the local branch of the state administration of the Federal Migration Service (formerly FMS). In addition to the coupon, you will need to take with you the following documents to restore your passport:

• statement of theft (a sample is not needed here, the form can be free);
• application in 1-P format about the need to issue a new passport;
• a receipt for payment of the state fee of 1,500 rubles;
• 2 personal photos.

  

At the same time, GUFMS employees can also ask the citizen:

• military ID;
• birth certificate;
• Marriage certificate;
• document on registration at the place of residence and some other documents.

What can you say about the timing of passport production? As a rule, a new document must be produced within 10 days. However, if the applicant did not submit the application to the local GUFMS, or not all documents for passport restoration were submitted to the department, then the processing time may take up to 2 months.

Tip 3. Find a lost item using a brownie

Ask for help from a brownie or brownie, as our grandmothers assure, who is a big fan of playing hide and seek with the residents. Contact him with a request to return, find the lost item and return it to you. The most popular phrase: “Brownie, brownie, play and give it back!” You can add something else on your own, like, I understand that you’re bored and lonely, but I really really need this little thing, and I’ll give it to you in return... Now is the time for you to take a break for 15-20 minutes. After the break, return to the search, and the loss will quickly be found. Psychologists will confirm: we only see what we want to see. Our worldview always stands between us and the world. Maybe you don’t see brownies only because you don’t believe in them? Make an exception this time and imagine that in front of you is some kind of unusual interlocutor, an invisible tenant of your house, who is usually called the Brownie.

Possible troubles

The mere fact that documents were stolen is already a big nuisance. However, the possible problems may not end there. Moreover, they will be created not by some criminal elements, but by servants of the law. What exactly are we talking about?

It is not always possible to prove that a passport was actually stolen. In such cases, the police may pay attention to the provision of the Code of Administrative Offenses of the Russian Federation, which establishes liability for the loss of documents due to negligence (Article 19.16). Of course, the sanction here will be negligible: only 100-300 rubles (from 2 to 5 thousand rubles for living at the place of registration without a passport). However, we have to agree: to feel “guilty without guilt,” and even after a real theft, is a truly bleak situation. But so far no one has canceled the appeal procedure, which can be used at any time.

Proving innocence of theft in court

When investigating thefts, investigative errors often occur when a person is accused of something he did not commit. The legislation strictly stipulates all aspects regarding defense and prosecution - Art. 14 Code of Criminal Procedure of the Russian Federation and Art. 49 of the Constitution of the Russian Federation:

• the accused remains innocent until his guilt is proven;
• all double confirmations and doubts are interpreted in favor of the guilty person;
• the suspect is not required to prove his innocence;
• the verdict on the charge cannot be based on assumptions.

If you are accused of theft, then you should take this situation seriously. The following actions need to be taken:

• hire an experienced lawyer who, by law, has the right to participate in the investigation, get acquainted with the materials on the case, present refutations and evidence of the innocence of the accused;
• provide all possible facts of your innocence - an alibi at the time of the crime, testimony of witnesses;
• file a petition during the investigation demanding operational search activities and investigative actions that will help confirm your innocence;
• appeal the decision of the investigator or inquiry officer.

If it is not possible to achieve justice at the preliminary investigation stage, then based on the case materials, you can competently build a line of defense in court and prepare new irrefutable evidence of non-involvement in theft:

• challenge the weight of the evidence presented by the prosecutor;
• invite witnesses for the defense;

• question the validity of the circumstances under which the evidence was discovered;
• challenge the court's decision.

The main thing is knowledge of the law and the competence of the defense representative.

Note!

The presumption of innocence is valid until the accused admits his own guilt, which is often used by investigators as a method of quickly exposing the criminal.

Issuance of a temporary identity card

In the same Main Directorate of the Federal Migration Service, after all the necessary documents have been submitted to restore the passport, you can request a temporary identity card. There shouldn't be any special problems here. The relevant paper will be issued immediately, maximum in 1-2 days. Difficulties may arise, perhaps, for citizens of the Russian Federation who are carrying out the procedure for obtaining a passport in a region other than their own. Due to additional checks, you will have to wait a little. Is it possible to somehow speed up the process in this case? Probably yes. To do this, you will have to give as many identification documents as possible to the migration department: registration, driver’s license, international passport, etc.

The temporary identity card is valid for two months. If necessary, it can be extended, but there will be little point in this: a new passport should definitely be issued within two months.

Is it possible to recover lost papers?

Loss of housing documents is a serious problem. In this case, the citizen is not able to fully dispose of his real estate, since he cannot prove the fact of ownership of it.

In addition, there is a risk that scammers will use the original papers to implement their fraudulent schemes. The problem of lost papers during various real estate transactions is especially acute.

For example, the purchase and sale of a house or apartment will not be possible if there is a lack of title, title and technical papers for the object. Fortunately, housing documents are being restored. But for this you will have to spend a certain amount of time and effort.

A request must be submitted to a government agency. Restoring papers will be accompanied by a number of difficulties. As a result, the citizen will be issued a duplicate of the lost or damaged document.

Things are easier if the original document is damaged, but the owner’s details and data are visible on it.​​​​ If the package of housing papers is lost, you will have to prove your right to own the real estate.

Driving documents stolen: what to do?

Losing your driver's license is not an easy situation. In many ways, it is even more complicated than passport theft. If your driving license has been stolen, then contacting the police will be somewhat pointless; unless the victim is eager to “revenge” and wants to find the thief as soon as possible.

It’s worth starting right away with the sad. If your driver's license was stolen, the entire restoration process will take a considerable amount of time. Unlike the situation when a passport is stolen, there is no need to rush headlong to get it restored. Perhaps someone will find the rights and try to return them - in the Internet era this is not a problem. You will immediately have to be prepared for the fact that obtaining a new ID is a long and difficult process.

The victim must go to the Interdistrict Technical Department. inspection of transport and examination work (MOTOTRER). There you need to write a statement about the loss of documents (even if they were stolen; believe me, a statement about the loss is a much better option than a statement about theft). What documents will have to be submitted to MOTOTRER?

Tip 8. A little patience

Just put off your search for a while, especially when you see that you are unsuccessfully moving in a vicious circle, returning to the same search places several times. If time is of the essence (you, of course, need the lost item, but not in a hurry), switch to some other matter. Violence is unproductive, including violence against oneself. Do what psychologists call “letting go.” Give yourself permission to stop searching for a while and return to it, say, tomorrow. And tomorrow the information you need will definitely pop up in your memory.

Documents required to restore a driver's license

Restoration of documents giving the right to drive a particular vehicle is possible only if the following documents are submitted to MOTOTRER:

• An application that will have to be requested at the branch itself. You will have to pay several hundred rubles for it, depending on the region. An application will need to be completed.
• Passport or temporary identity card, officer's identity card - for a military person.
• Certificate of registration at the place of residence.
• Application for payment of state duty (cost: about 800 rubles).
• Explanatory note with the circumstances of the loss.
• Resolution refusing to initiate criminal proceedings.
• A certificate of completion of a driving course (most likely, it will not be needed, since in most regions all data is in an electronic database).

Thus, a considerable number of documents will have to be submitted to the department. However, if more than one document was stolen, then, alas, you will have to get used to the paperwork.

My driver's license was stolen: where to go?

So, all the necessary documents have been collected, and you can already send them to the appropriate authority. As already mentioned, contacting the police even in case of theft is a risky business. You will have to spend a considerable amount of effort and time. Not only will the servants of the law force you to “wait” for several months, but the result will also be a formal refusal: the reason for this, of course, will be the lack of material value in the driver’s license.

There are two options left: go to the traffic police MREO or MOTOTRER. In one of these two authorities, having previously found out the opening hours, you will have to stand in line at the desired window. The documents are given to the inspector and the submitted application is filled out. An employee of the authority checks whether there was a deprivation of rights in court. After this, the citizen is sent to be photographed. On the same day, the applicant receives new rights.

How to prove the absence of intent to steal?

The very fact of the theft was not the person who was sick and it didn’t matter to him where to go to the toilet in the store or to the window or to the door. He is sick, dementia, senile dementia. He's not a thief. And an adult with the mind of a child. I have already written that with my grandfather, who is sick with dementia, this is senile dementia, a person with a child’s consciousness. His wife was there, at some point she was distracted from the grandfather and he, without any malicious intent, stomped towards the exit from the store. Later, his relatives extorted an answer from him why he went, he could not explain in any way, he only said that there was an earthquake. It is clear that this is his sick imagination. But what does grandma have to do with it? When she already saw him at the door, she called out, but it was too late. The guards ran after him. Now, thank God, the charges against him have been dropped. But not with grandma yet. She's having a jury trial. Let me make a reservation: this is not the Russian Federation. She's so worried. Not only does it take care of a sick grandfather for days, but it’s also a grief. What should a grandmother do? How can I prove to her that she had no intention? She herself will soon go crazy. I feel so sorry for her. What can you do to help? There may be witnesses in court who will say that, although the grandfather explained in fits and starts why he left the store, that it seemed like an earthquake to him. Or maybe forensic psychiatrists could explain to the court what kind of disease this is? So what should she do? Please advise.

Lawyer Lebedev Z.S.

Good afternoon According to Article 73 of the Code of Criminal Procedure, during criminal proceedings the following must be proven: 1) the event of the crime (time, place, method and other circumstances of the commission of the crime); 2) the person’s guilt in committing a crime, the form of his guilt and motives; 3) circumstances characterizing the personality of the accused; 4) the nature and extent of the damage caused by the crime; 5) circumstances excluding criminality and punishability of the act; 6) circumstances mitigating and aggravating punishment; 7) circumstances that may entail release from criminal liability and punishment; circumstances confirming that the property subject to confiscation in accordance with Article 104.1 of the Criminal Code of the Russian Federation was obtained as a result of the commission of a crime or is proceeds from this property or was used or intended to be used as a weapon, equipment or other means of committing a crime or for financing terrorism , extremist activity (extremism), organized group, illegal armed group, criminal community (criminal organization). The circumstances that contributed to the commission of the crime must also be identified. According to Article 24 of the Criminal Procedure Code, a criminal case cannot be initiated, and an initiated criminal case is subject to termination on the following grounds: 1) the absence of a crime; 2) absence of corpus delicti in the act; 3) expiration of the statute of limitations for criminal prosecution; 4) death of a suspect or accused, except for cases when criminal proceedings are necessary for the rehabilitation of the deceased; 5) absence of a statement from the victim, if a criminal case can be initiated only at his request, except for the cases provided for in part four of Article 20 of this Code; 6) the absence of a court conclusion on the presence of signs of a crime in the actions of one of the persons specified in paragraphs 2 and 2.1 of part one of Article 448 of this Code, or the absence of consent, respectively, of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, the qualification board of judges to initiate a criminal case or bringing as an accused one of the persons specified in paragraphs 1 and 3 - 5 of part one of Article 448 of this Code. A criminal case is subject to termination on the grounds provided for in paragraph 2 of part one of this article in the case where, before the verdict entered into legal force, the criminality and punishability of this act were eliminated by a new criminal law. The termination of a criminal case entails the simultaneous termination of criminal prosecution. A criminal case is subject to termination if the criminal prosecution against all suspects or accused is terminated, with the exception of the cases provided for in paragraph 1 of part one of Article 27 of this Code. According to Article 96 of the Criminal Procedure Code, the appointment and conduct of a forensic examination is mandatory if it is necessary to establish: 1) the causes of death; 2) the nature and degree of harm caused to health; 3) the mental or physical state of the suspect, accused, when doubt arises about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings; 3.1) the mental state of a suspect accused of committing, at the age of over eighteen, a crime against the sexual integrity of a minor under the age of fourteen, to resolve the issue of the presence or absence of a disorder of sexual preference (pedophilia); 3.2) the mental or physical state of the suspect, accused, when there is reason to believe that he is a drug addict; 4) the mental or physical state of the victim, when doubt arises about his ability to correctly perceive the circumstances relevant to the criminal case and give evidence; 5) the age of the suspect, accused, victim, when this is important for the criminal case, and documents confirming his age are missing or are in doubt. Thus, in this case you need to apply for a forensic psychiatric examination.

Sincerely, lawyer Zakhar Lebedev, partner of the law firm Antonov and Partners.

Still have questions for your lawyer? Ask them right now here, or call us by phone in Moscow +7 (499) 288-34-32 or in Samara +7 (846) 212-99-71 (24 hours a day), or come to our office for a consultation (by pre-registration)!

Temporary driving permit

Does the applicant always receive a new driver's license on the same day of application? Unfortunately no. Sometimes the traffic police issues only a so-called temporary permit, and the full document will be provided only after 1-3 months (sometimes more).

Most often, a temporary certificate is obtained by a citizen who applies to the traffic police department of another region. The cost of a temporary certificate is 500 rubles. It will be considered valid only upon presentation of a passport. Contrary to popular belief, it is possible to drive a vehicle with a temporary suspension throughout Russia.

When a normal driver's license is issued, MOTOTRER or MREO traffic police will call the applicant. The citizen will have to pay another 800 rubles in state duty. Of course, no re-taking of exams is required. A very important point: if the old license was found, but the new one has already been issued, you must under no circumstances use the old ID! Otherwise, the motorist will face a fine of 15 thousand rubles.

From February 1, 2022, you can also obtain a driver’s license at the MFC.

Car documents were stolen

Along with the license, the registration documents for the car also disappeared. Have all your documents been stolen? What to do in such a situation? The procedure here is the same as in the case of restoring the right to drive a vehicle. The traffic police provides you with a passport, an application, and a purchase and sale agreement for a car (it’s unlikely that anyone will steal it, since no one carries such a document with them; if the contract is also stolen, it’s a bad thing). Having submitted all the papers to the traffic police, all that remains is to wait for further instructions.

Is it so sad when money and documents were stolen? As is already clear, there is nothing terrible in such a situation. Of course, there is little pleasure in the disappearance of important documents. However, today, restoring all the papers necessary for life is not such a difficult procedure.

Tip 10. Upside down cup

Turn the empty cup upside down and place it on the saucer. Let it turn out as if you saw your loss and caught it, covering it like a butterfly with a net. Oops! Now be careful - you will find her soon. Our fantasies can be as productive as real actions.

Play with the situation, look at it from different angles, fantasize, instead of getting angry at yourself or others for a seemingly ridiculous and random loss. Remember that any accident is just an unknown pattern.

Along with how to find a lost thing, they are often looking for how to find a lost thing, a conspiracy, how to find a lost thing in an apartment, how to find a lost thing at home, how to find a lost thing using magic, how to find a lost thing on the street, how to find a lost thing, a prayer.