Before phones became smart, finding mobile phones was cool: consider there was no hope that someone would be able to return it. And I didn’t really want to return him to the police either. I had a similar story when a Sony Ericsson K750 turned up under my feet. Naturally, I didn’t return it, however, later the police on the street checked it and took it away, and they forced me to testify. Since then I have absolutely no desire to find equipment, although sometimes it still happens. I'm sure you've had similar situations too. We figured out what to do if you find someone else's phone.
What to do if you find your phone?
What the law says
In legal practice there is a clear distinction between the terms “theft” and “find”. Despite the fact that both concepts are spelled out, it is sometimes difficult to understand the line between them.
“Theft” involves taking someone else’s property intentionally with the intent to cause material damage. This is a criminal offense, the punishment for which is prescribed in Article 158 of the Criminal Code of the Russian Federation. If this fact is proven, the person faces an obligation to reimburse the cost (up to 15 times the amount) or imprisonment for 15 days.
"Find" is the unintentional possession of someone else's property. At the same time, if you take possession of the phone and use it at your own discretion without notifying the police, the event can easily be reclassified as “theft.”
The main indicators that you found the thing are that it was an accident, you did not want to cause moral or material harm, and the act was unintentional.
The fact of theft will be recognized in the following situations:
- the owner of the gadget walked away from the phone for a while and at that moment the attacker took it;
- you knew where the owner was, but did not return the item to him;
- There was an opportunity to return the device (and other people can confirm this), but you ignored it.
A cell phone has several degrees of protection, and the information stored on it is the most valuable resource. Therefore, the punishment for its theft is greatly increased. Remember that a mobile phone can be tracked, blocked by serial number, and lost if illegal use is detected.
The difference between a discovery and a theft
Determining the difference between an unattended item and a lost item is difficult. The significance of this difference affects the qualification of the actions of the person who discovered such an item and appropriated it for himself.
The above cases differ depending on the will of the owner. If an item is left unattended, the owner is to blame for being careless. In case of loss, the thing is removed from the owner’s possession against his will.
It is also necessary to use common sense to distinguish between discovery and theft. For example, if there is a bicycle near the store, this most likely means that it was left for storage rather than lost. If you explain to the investigator that you thought the bike was lost, they won’t believe you. It’s the same if a mobile phone is left near a cup of tea in a cafe. In this case, it becomes obvious that its owner will be looking for a forgotten item or something deliberately left for a while.
Let's list the cases when what you considered a find was theft:
- temporarily abandoned item. For example, a telephone lying on a bench at the entrance is not a find;
- precise knowledge of the owner or the ability to locate him. The found phone must be disabled and not have a SIM card, number or other signs that could identify the owner;
- all property found on the premises belongs to the owners of these premises;
- All property found in public transport must be transferred to employees of the carrier company.
I found my phone: what to do?
Keeping a phone found on the street is not the best solution. Despite the simplicity and harmlessness of this action, it can lead to serious consequences. Therefore, if you do not want to waste time and look for the owner, then it is better to pass by.
Big problems for the person who found the phone arise when the true owner contacts the police to search for the loss. If you did not take any action to return and acted differently from the law, liability may arise. Moreover, it is of a criminal nature. Let's look at a few examples below.
How to do the right thing and according to the law
Lawyers and barristers have a common expression: “Ignorance of the law does not exempt you from responsibility, but knowledge, sometimes, does.” We bring to your attention several situations related to the discovery of a cell phone.
- The smartphone was found in a public place. This could be a store, cafe, transport, etc. In the case where the owner is not identified, the device becomes the responsibility of the administration of this place. If you find something, you need to give the item to the administrator or company representative. Otherwise, if you just take your smartphone away. This will be perceived as theft.
- I saw the device in my bag or backpack and took it. This action is theft and requires punishment in accordance with the law.
- The gadget was brought home by a minor child. Said he found it while walking. Try turning on the device and dialing a few contacts to report the loss to the owner’s relatives. Usually, honesty can be rewarded. However, its size has not been approved and you have no right to demand anything.
- A phone was found without a SIM card and address book. Even then, simply appropriating the device is a risk. The Civil Code of Russia stipulates the following procedure (see articles 227-228): the person who found the phone contacts the nearest police station with a statement about the fact of the find. It describes attempts to contact the owner. Next, you indicate the coordinates for communication, while the phone remains with you (they do not have the right to confiscate it). The statute of limitations for such a case is six months. If the owner does not show up during this time, the smartphone remains in your possession legally.
The most problematic situation is when you took the gadget with good intentions, but the owner has already contacted the police to report the theft. Therefore, try not to delay the noble act if you decide to do it.
A “find announcement” will be a good help in cases where litigation is imminent. In fact, it is reporting a fact in any way possible. For example, a post on social networks, advertisements posted around the area. All these attempts to find the owner are taken into account during the review. At the same time, it’s also not worth giving the device to the first person you meet. Ask to indicate a feature, the location of chips, a picture on the desktop or a design on the case.
Is it worth going to the police?
Going to the police, or rather its necessity, is another critical moment. If you want to avoid this procedure, it is worth passing by the find. To protect yourself, you must definitely come to the police and write a statement.
In a situation where the owner is found based on your request, you can count on the due reward - 20% of the cost.
However, if a statement of theft was filed, you will have to prove your innocence.
Failure to report the find is also a violation and may result in liability.
The best course of action when found is to call the police hotline 102 or the unified service 112. They will tell you what to do and where the nearest police station is. This call will also allow you to gain time and prove that there was no theft.
A brief consultation with a lawyer on this issue is given in the video at the link
The sad experience of a Novosibirsk resident
A resident of Novosibirsk faces charges of stealing a mobile device. During a taxi ride, he found a forgotten phone on the seat and took it with him. The gadget turned out to be blocked, so the Novosibirsk resident pulled out the SIM card and sold the device for 6 thousand rubles.
The accused inserted the stolen SIM card into his phone, after which he discovered that a Sberbank account was linked to the number. When the device received a message about the transfer of 2,000 rubles, the young man sent it via SMS to the card of his deceased stepfather. He spent all the money transferred for his own needs.
Meanwhile, the owner of the smartphone filed a statement with the police. As a result, a 28-year-old Russian citizen was accused of two thefts and sentenced to 2 years of suspended imprisonment.
What happens if you don’t return a found phone?
When it comes to computers and communications, this situation can lead to problems. All because of that. That digital devices are considered expensive goods. Responsibility for inaction is Article 158 of the Criminal Code of the Russian Federation “Theft” with all the ensuing consequences. Among them:
- fine up to 80 thousand rubles;
- compulsory work up to 360 hours;
- correctional labor for up to 1 year;
- imprisonment for up to 2 years;
- forced labor – up to 2 years;
- arrest up to 4 months;
- restriction of movement;
- spoiled judicial history.
Considering the complexity of registration and the time costs, it is better to pass by the find or give it to the administrative staff for further proceedings.
Alexandra
I work in IT and device development. I believe that good instructions solve 90% of the problems. Open to questions and comments
Ask a Question
Question to the expert
What if you quietly steal a phone from a store whose owner has been gone for a long time?
This situation will be perceived as 100% theft. If the owner contacts the police, then, most likely, your actions will be determined based on camera recordings or eyewitness testimony. The risk is being found guilty under Article 158 of the Criminal Code of the Russian Federation for “secret theft of someone else’s property causing significant damage to a citizen.”
How to avoid criminal punishment in a situation where I wanted to help a person?
If a statement has been written and submitted to the police, the only way is to negotiate amicably with the complainant. In any case, this is a difficult and lengthy matter.
Give an example of real punishment from criminal practice?
Give an example of real punishment from criminal practice?
What other risks might there be?
Consider not only the value of the smartphone, but also the information contained in it. In particular, there may be banking applications. If funds are written off, the person who found the gadget may also be credited with it.
A statement about the fact of theft is a serious document for the owner of the gadget. If, after writing a statement, it is determined that the phone was lost due to carelessness, you may be liable for false reporting.
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Author
Alexandra
I work in IT and device development. I believe that good instructions solve 90% of the problems. Open to questions and comments
How can they find a phone without a SIM card?
I found the phone on a seat in the bus station waiting room. The smartphone was in the middle price category and looked good. I was at the station as a mourner and was already leaving when he caught my eye. I stood there, waited for about 20 minutes, no one came to pick up the phone, well, I thought, “Whatever is missing, I’ll take it.” On the way home, I threw away the SIM card, tinkered with it a little to check its functionality, and turned off the device.
We, ordinary users, naively believe that the location of a smartphone is revealed only by its geolocation, which we turn on with our own hands. Ha and ha ha again. The phone can be tracked even without a SIM card. Here's how they do it in the authorities:
- The cellular communication module inside the smartphone works even without SIM cards. This is needed to make emergency calls. Thus, both the type of equipment and the location of its connection will be known to the operator.
- Connecting your smartphone to Wi-Fi networks. The provider sees which devices are consuming the signal and where they are located.
In my case, it was more likely the latter that worked, since I foolishly connected to my home network to find out if the Internet was working on the lost device. And in addition, what dawned on me after the police called, I could just get caught on the station’s surveillance cameras.
