Trespassing on someone else's property is one of the most common crimes, which must be reported to law enforcement agencies as quickly as possible. If you have suffered from this offense, you must file a theft report with the police, a sample of which can be taken at the police station or downloaded on the Internet.
Sample application.
Types of theft
The Criminal Code explains theft as the hidden appropriation of property, as a result of which property damage is caused to the owner. Depending on the size of the losses incurred, thefts are:
- small: more than 1 thousand rubles;
- medium severity: from 5 thousand rubles;
- large: more than 250 thousand rubles;
- especially large sizes: from 1 million rubles.
In the first case, the offender receives an administrative fine equal to five times the value of the stolen property. If the damage exceeds 5 thousand rubles, the attacker will face criminal prosecution.
This offense has qualified characteristics, these include:
- theft carried out by several persons or planned;
- repeated theft;
- illegal entry into premises;
- causing significant loss to the property owner;
- secretly removing items from the victim’s bag or pockets.
The Criminal Code of the Russian Federation also provides for qualifying types of this crime:
- Attempted kidnapping. For example, the intention to take out the goods you like from the supermarket without paying the seller.
- Staging or simulating theft. The crime is committed in order to obtain insurance, hide the loss of documents, money, etc.
- Theft by deception: a person asks for a phone to make a call and does not return it.
- Misappropriation of personal belongings. Most often, police receive reports of the theft of money, mobile phones, valuables, cars, and license plates.
- Theft of government property and finances. A participant in a crime can be either an individual or a legal entity.
- Plagiarism of a logo, song, scientific developments, manuscripts - everything that represents the result of intellectual work. In this case, the victim will need to prove authorship using registration and other data.
- Theft on the Internet. The victims of virtual thieves and scammers are mainly elderly people and customers of online stores.
- Theft of oil and gas.
Phone theft.
Procedure in case of car theft
Car theft, called theft in the criminal code, is a fairly common type of crime in our time. After all, a vehicle is a fairly expensive property, which attracts dishonest citizens. No one is immune from such a nuisance, so you need to know what to do in such a situation. The procedure for the injured party should be as follows:
- The very first step that needs to be taken is to call the police duty station at number 02 from a landline phone or 112 from a mobile phone, and briefly state the essence of the crime that happened. In this case, you must provide the following information to the duty officer who received your call:
- state registration number of the stolen car;
- its color;
- distinctive features by which you can identify a stolen car (noticeable damage, stickers or the original color of the upholstery);
- if the car has an alarm system that allows you to monitor its movements via the Internet, you must immediately report this;
- that the car was not handed over to anyone for temporary management.
- If the car was insured, you need to call the insurer;
- Wait for the arrival of the investigation team to inspect the scene of the incident;
- Within two days, submit to law enforcement authorities a corresponding statement about the theft of a car, if it was not found in hot pursuit during Operation Interception, which is traditionally carried out in such cases.
Even before the police arrive, and then together with them, you need to go around the nearest yards and make sure that the thieves have not abandoned your car. After all, it could have been stolen for the purpose of driving.
How to correctly write a report of theft to the police
An application to the Ministry of Internal Affairs is drawn up on a special form. The text of the document should be clear, concise, consistent, and factual. Before writing a petition, a person who has become a victim of a crime is warned about liability for giving false testimony.
Document structure and sample
The header of the application states:
- name of the police authority;
- contact details and full name of the victim.
After which the victim agrees to tell only the truth.
The main component of the document is the descriptive part, which describes in detail the crime committed, indicates the time, place and object of the abduction, specifying its value and characteristics. When describing expensive equipment or a car, registration data from the warranty documents is entered. If the stolen property was of particular value to the victim: it was received as a gift or prize, he has the right to demand compensation for moral damage.
Deadlines for application and consideration
There are no regulated deadlines for submitting an application.
After registering the appeal, the decision to open a case or refuse to initiate it is made within up to 3 days. The time for consideration of the application may be extended for a period from 10 days to a month under the following circumstances:
- waiting for examination results;
- conducting interrogations;
- receiving documents upon request, etc.
To contact law enforcement agencies, a special coupon is issued with the contacts and address of the police station, as well as a certificate of theft, if the object of the theft was a passport and other valuable documents.
Apartment theft.
Where can I apply?
Criminal cases of theft refer to cases of public prosecution , that is, the reason for initiating a criminal case can be not only the statement of the victim, but also any information about the theft (confession, report of the theft from the media, etc.).
In most cases, law enforcement agencies decide to initiate a criminal case for theft based on a statement. It is the correct determination of the law enforcement agency that will consider such a statement that influences the course of further investigation.
A statement about the theft of money or other property should be filed with the police, because according to the Federal Law “On Police”, one of its duties is to accept and register statements about crimes:
- the investigation of simple theft (Part 1 of Article 158 of the Criminal Code of the Russian Federation) will be carried out by investigators;
- investigation of theft with qualifying or especially qualifying features - investigators of internal affairs bodies (Article 152 of the Code of Criminal Procedure of the Russian Federation).
Of course, a statement of theft can be filed with other law enforcement agencies, but they will have to transfer this statement to the police.
Which department of the Ministry of Internal Affairs should I contact?
In accordance with Part 1 of Art. 141 of the Code of Criminal Procedure of the Russian Federation, a statement of theft can be made both orally and in writing. Moreover, such an application can be submitted to any territorial body of the Ministry of Internal Affairs of Russia, regardless of the place where the criminal act was committed (Order of the Ministry of Internal Affairs of Russia dated August 29, 2014 No. 736).
Let's assume that Sergey lives in the First District of the city, and the theft of his car occurred in the Second District of the city. Sergei can contact the police department in both the First and Second districts, but the choice of department will significantly affect the course of the investigation. Let's figure out why.
- Police department at the location of the theft
The Code of Criminal Procedure of the Russian Federation establishes the rule of territorial jurisdiction: pre-trial proceedings must be carried out at the place where the crime was committed.
That is, as a general rule, the investigation of the theft will be carried out by the police department whose powers extend to the area where it was committed. A similar rule is contained in Order of the Ministry of Internal Affairs of Russia No. 736 (clause 27).
Let's return to our example with Sergei. Since the car theft occurred in the Second District, he should contact the Second District police department.
When his application is accepted, the police will have to make a decision within 3 days: to initiate or not to initiate a criminal case. Once a decision is made to initiate a theft case, the police must immediately begin an investigation.
- Police department at the place of residence of the theft victim
Of course, the victim can contact the police department at his place of residence. However, Order of the Ministry of Internal Affairs of Russia No. 736 (clauses 27, 63.2, 63) states that his application in this case will be forwarded to the body of the Ministry of Internal Affairs on whose territory the criminal act was committed. In this case, the redirection of the application must be made within 7 days from the date of acceptance of the application from the victim.
Let's return to Sergei again. Let's imagine that he files a complaint with the First District Police Department. They take a report of theft from him. However, 7 days pass, and only after that his application from one department is redirected to another department.
Then the Second District department decides to initiate a criminal case, for which it is given 3 days. That is, in this case we see that the victim Sergei loses 10 days, since his application is checked again.
Theft is one of those crimes that must be investigated immediately in order to find the culprit as quickly as possible, before he manages to dispose of the stolen property.
Bottom line: it is best to report a theft to the police department located near the place where the theft occurred.
If this is not possible, then we recommend contacting the nearest police department, because in any case it will be redirected to the correct department.
What submission deadlines are there?
The law does not establish exact deadlines for filing a report of theft, since the crime can be discovered the next day or a year later. However, in criminal law there is such a concept as “the statute of limitations for criminal prosecution” (Article 78 of the Criminal Code of the Russian Federation).
Let's look at the statute of limitations for theft:
- Part 1 Art. 158 of the Criminal Code of the Russian Federation: the statute of limitations is 2 years from the date of the theft. That is, the victim can file a complaint with the police within two years after his property was stolen;
- Part 2, 3 Art. 158 of the Criminal Code of the Russian Federation: the statute of limitations is 10 years from the date of the theft;
- Part 4 Art. 158 of the Criminal Code of the Russian Federation: the statute of limitations is 15 years from the date of the theft.
Thus, depending on the severity of the theft, the victim must file a complaint with law enforcement agencies within a time period not exceeding the statute of limitations for criminal prosecution.
If the victim files an application after the expiration of the established statute of limitations, this will be the basis for releasing the perpetrator from criminal liability.
That is why we recommend filing a complaint about the theft as quickly as possible, because this will also allow the police to conduct an investigation in the so-called hot pursuit.
Recommended reading:
Criminal legal characteristics of phone theft
Shoplifting qualification problems
Stealing money from a bank account
Unsubstantiated claim
It happens that after visiting the police station, the missing property is found. For example, a relative of the owner takes the item without informing the owner. But since the application has already been submitted, the case has moved forward. In such a situation, in order to avoid becoming a defendant in criminal proceedings for false denunciation, it is necessary to write a new appeal, in which it is necessary to explain that the previous one was drawn up in a state of error. Then, based on the submitted petition for reconciliation of the parties, the criminal case is terminated.
A right, not an obligation
It is worth noting that the employer is not at all obliged to fire an employee who is caught stealing or having a questionable deficiency. Dismissal due to loss of confidence (based on clause 7, part 1, article 81 of the Labor Code of the Russian Federation) and theft of other people’s property at the place of work (clause “d”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation) is a disciplinary measure penalties that the employer can apply to the employee (or not apply) at its own discretion.
Attention!
Only one disciplinary sanction can be applied for one disciplinary offense. This follows from Part 5 of Art. 193 of the Labor Code of the Russian Federation. If, for example, you catch an employee embezzling, reprimand him and immediately fire him, the court will reinstate him at work (decision of the Moscow Regional Court dated June 1, 2010 No. 33-10485, determination of the Leningrad Regional Court dated January 14, 2010 No. 33-92 /2010, ruling of the Nizhny Novgorod Regional Court dated September 29, 2009 No. 33‑7420/2009).
Even the very fact of a conviction or a decision imposing an administrative penalty against an employee does not mean that the employer is obliged to fire him. At the request of the manager, any other types of disciplinary action established by Art. 192 of the Labor Code of the Russian Federation (remark, reprimand).
And only if the employee is sentenced to imprisonment, the employer will be forced to fire him. If the employer has already applied another disciplinary sanction (for example, a reprimand) for the theft for which the employee was convicted, then the employee can be fired due to circumstances beyond the control of the parties. In particular, as one of such circumstances, the Labor Code names the conviction of an employee to serve a sentence that precludes the continuation of previous work in accordance with a court verdict that has entered into legal force (Clause 4, Part 1, Article 83 of the Labor Code of the Russian Federation).
Can they refuse?
Reluctance to register an application is a direct violation of job descriptions. The duty officer is obliged to listen to the citizen and draw up the appropriate document.
A police officer may try to refuse a citizen to report a theft, citing:
- amount of damage;
- workload of the department;
- long investigation;
- the futility of searching for the criminal.
In this case, the injured party must insist on its own. If the district police officer refused to fulfill his duties, you need to notify the prosecutor’s office about this, mentioning the name and surname of the officer who did not accept your application and the circumstances of the violation of the law. The employee faces disciplinary punishment and even criminal liability.
The only reason for the refusal is the department’s incompetence in this crime, then the materials must be redirected to other bodies of the Ministry of Internal Affairs: the operational service of the criminal police, etc.
Where to report a stolen car
Theft of a vehicle is always a psychological blow to its owner, leaving the owner of the car in shock and confusion. But if suddenly this happens to you, you need to know how to behave in such a situation, and where you can report the theft. By responding to such an unpleasant incident in a timely manner, you can make the task of law enforcement agencies easier and help them quickly find the stolen car.
Knowing the procedure to take when a car is stolen, the injured car owner should not panic. Here you need to act calmly and systematically, adhering to a certain algorithm for responding to the situation.
Theft prevention
To avoid becoming a victim of theft, the owner of a mobile phone must independently take preventive steps. They are:
- do not hand over the device to strangers who request an urgent connection for any reason;
- at night it is better to switch the mechanism to vibration mode so that the sounds do not attract thieves and robbers;
- in public transport it is better to put the phone in the inner pockets of a bag or clothing;
- do not leave the device unattended in cafes, bars, restaurants;
- hide away while shopping;
- conduct preventive conversations on this issue with minors.
For information: responsibility for theft begins at the age of 14. Minor thieves are also punished for such an act. Similar articles
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- Responsibility for violation of labor safety rules and regulations
- Rights of an administrative offender: everything you need to know!
- Theft of driver's license and car documents
Nuances that you need to pay attention to before writing an application
You must submit your appeal to the police department at the location of the property or to the nearest department. It is on the basis of this document that a criminal case can be initiated.
Note!
You need to contact the police as quickly as possible. By doing this, you will contribute to the speedy resolution of the criminal act.
There are two ways to submit an application: orally and in writing. If you come to the police station and, due to excitement, are not able to draw up a document on your own, the officer on duty must, according to your words, fill out a specially provided form. After carefully reading the paper, put your signature at the end and indicate that everything was written down correctly in your words.
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If your appeal, as a matter of jurisdiction, had to be submitted to another department, the employees of the department to which you applied must independently forward it to the appropriate unit of the Ministry of Internal Affairs, where they will deal with its further consideration.
Subtleties of contacting law enforcement officers
The average person has no idea how an investigation is conducted.
Therefore, victims face difficulties when contacting the police station. You must first spend a few minutes studying information about the rules for drawing up an application and its acceptance by officials. Police officers are required to accept all incoming letters . Messages are registered and undergo a special procedure. Its essence is to determine the method of further work with information. In case of theft, there can be two options:
- initiate criminal proceedings;
- refuse.
The last option is quite legal. They refuse to initiate a criminal case if the damage is small. Moreover, the value of the latter is an evaluative concept. Thus, paragraph 158 of the Criminal Code of the Russian Federation provides the definition of “significant damage”. This is recognized as a loss that is significant for the victim.
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Article 158 of the Criminal Code of the Russian Federation “Theft”
Hint: it makes sense to report theft if a person assesses the damage as significant and can prove it.
How to make compensation for material damage from a crime
How to properly compensate for material damage caused by theft? You will find the answer to this question below.
Here again everything will depend on the circumstances and consequences of the crime committed.
For example, if a person was brought to administrative responsibility, then he can return the stolen property to the injured party or reimburse its cost in court.
If an employee commits theft of company property, the administration has two options:
- initiate criminal proceedings against the employee;
- bring him to full financial responsibility with subsequent recovery of the amount of stolen goods in court.
When a criminal case has been initiated against the culprit, the recovery of damages for theft of property is carried out by filing a claim for compensation for damage caused by the crime. The question of its satisfaction will be decided in the court's verdict.
And if the convicted person serves his sentence, claims for damages will be paid from a portion of his earnings.
There are cases when a person is released by the court from serving a sentence, but is still considered guilty of committing theft.
In this case, a regular claim is filed against him to recover the damage caused. A normal civil case will take place here.
What to do if money is stolen from your card via the Internet?
In accordance with the current legislation of the Russian Federation, the bank is obliged to return the money to the cardholder if:
- the holder did not violate the rules for safe use of the card;
- the cardholder informed the bank about the unauthorized transaction as soon as possible (no more than one day from the date of receipt of the transaction notification from the bank).
It should be understood that it is impossible to cancel the operation itself, but it is possible to return the funds withdrawn from the account. To do this you need:
- If you discover theft of funds from a bank card, immediately report the theft to the bank and request that the card be blocked . You can block the card yourself via the Internet system or mobile application. Sometimes this is faster than calling a call center operator. However, it is still necessary to report the incident to the contact line operator.
- immediately after calling the bank, immediately report the theft to the police by phone 02. This will record the fact that the owner of the bank card has contacted you and will complicate the attempts of unscrupulous police officers to illegally deny you the right to file a statement about the crime committed.
- no later than the next day after receiving a notification from the bank about debiting funds from the account, come to the bank branch and submit a written statement about the theft of funds from the card and blocking the account. This will increase the likelihood of successful return of funds to the victim’s account.
