What to do if you find a phone on the street: how to avoid being accused of theft, what to build a legal defense on

Responsibility for theft is provided for in Art. 158 of the Criminal Code of the Russian Federation. The punishment under it is quite serious, therefore, if a person is unreasonably accused of theft, it is necessary to protect one’s rights. Let's figure out exactly how this is done.

In this article you will learn what to do if you are accused of theft and how to settle the case before trial.

Is finding a phone theft?

The line between theft and discovery is thin, often a person does not even notice how he crosses it. Many people are interested in what happens if they find a phone and don’t return it.

According to law enforcement statistics, a third of all property crimes committed are related to phone thefts.

If you contact the police about the theft or loss of a phone, the officers usually decide not to initiate criminal proceedings.

If you saw an ownerless item and picked it up, there is nothing illegal about it.

The situation is different with regard to computers and communications equipment, since these items are technically complex goods and are considered expensive.

If you did not return the phone to its owner and did not even try to do so, then you may be charged under Article 158 of the Criminal Code of the Russian Federation.

But can the discovery of a find really lead to criminal liability? To do this, you need to understand what is meant by theft and discovery.

The table will help us with this:

That is, theft is a criminal act, and discovery is a category of civil law relations.

A person who finds a phone and decides to keep it is not in danger, provided that the owner of the device has not contacted the police to report it as missing or stolen.

The difficulty is that all phones have contacts with which you can return the communication device back to the owner.

If you do not do this intentionally with the goal of stealing the phone, then this may well serve as a reason for being charged with theft.

In addition, it should be borne in mind that in modern times it is easy to establish the location of a gadget.

This can be done by finding the signal using IMEI or using a special application.

What should you do if found?

The grounds for acquiring property rights are described in detail in Chapter. 14 of the Civil Code of the Russian Federation, including for ownerless things. The law also regulates the procedure for detecting objects.

An abandoned item is different from something temporarily left unattended or lost. The character is determined by the appearance - useful consumer properties are lost, as well as by location - landfill, other waste receptacles.

In case of theft, robbery and robbery, property is stolen without the consent of the owner. In case of embezzlement and fraud, the owner himself transfers the items to the attacker. When someone else's property is found and appropriated, the lost item is reclaimed for one's own benefit.

If you find someone else's phone, consult our specialists on the algorithm for further actions by contacting them by phone or through the website.

What the law says

By picking up an ownerless item on the street, a person is not committing anything illegal. However, a clear distinction must be made between discovery and theft. If you pick up someone else's phone and do not try to return it to the owner, the police may accuse you of theft and prosecute you under Article 158 of the Criminal Code of the Russian Federation.

According to the law, you can be charged with cell phone theft in the following situations:

• the person who lost the device filed a police report about the theft;
• the person took the phone while the owner was temporarily away and will return soon;
• the finder knows who the device belongs to.

If a person is prosecuted, it will be very difficult to prove his innocence. Almost every phone has a contact list that helps identify the owner. Therefore, it is very difficult for the person who appropriated the find to find an excuse.

Article of the Criminal Code of the Russian Federation

The Criminal Code of the Russian Federation classifies theft as a criminal offense. In other words, this is a crime of varying severity - it can be either a minor sin or a rather serious charge.

Categories of thefts are distinguished from the total mass of reports by how much, what and how were stolen. However, the basic definition remains general. The theft is carried out secretly and is the deliberate theft of the property of another citizen of the Russian Federation.

If a citizen discovers a theft in the process of committing it, its name changes to outright robbery.

The differentiation of thefts by severity is specified in Article 158 of the Criminal Code of the Russian Federation. Let's look at the components of this legislative document in more detail.

Part one gives a comprehensive description of what theft is - it lists all the common (or standard) cases when an illegal act actually constitutes it.

The second part examines the concept of collective theft (committed by a team of people), and also examines the actions of pickpockets and theft from warehouses or offices (non-residential premises).

The third part separates from general thefts those that:

• Resulted in a major loss of the victim's property;
• Are made from apartments or residential buildings;
• They are related to the theft of the natural resources of the planet or country.

The fourth part describes the deliberate commission of thefts by criminal groups (organized gangs), as well as theft on an especially large scale.

Also, the article describes the penalties that apply to persons who have committed one or more of the above crimes. In addition to the type of theft and items, the punishment will depend on the method of committing the crime, aggravating or mitigating circumstances, and the value of what was stolen.

In this case, you will have to defend yourself using the same methods. It doesn’t matter whether you were accused of petty theft or a fairly serious crime.

What happens if you keep the item for yourself and don’t tell anyone?

I don't recommend doing this. You understand that money does not appear out of thin air. It’s good if someone carelessly dropped them from their pocket. It is much worse if criminals lost money when they robbed the nearest bank. Or the gopniks who stole a passerby’s phone and bag in a nearby alley. It is possible that the victim is already filing a statement with the police.

The police are obliged to solve crimes; this is stated in Article 12 of the Federal Law “On the Police”. But she is not obliged to look for lost things. Therefore, many citizens in such cases write a statement about theft - and let the police look for it.

A person who finds an item and simply keeps it for himself is very vulnerable: he risks becoming suspected of committing a crime. If you did not tell anyone about the find or try to find its owner, you may be accused of theft or embezzlement. You will have to look for a lawyer, pay him money and prove that you did not steal anything.

A common situation: a person forgot money at an ATM and the next customer took it. The next morning, detectives come to this client: “Citizen, let’s go to the investigator, he has already prepared a criminal case for you. Here is the video from the ATM camera. Sign your name, you are now the accused.” All because a person who forgot money at an ATM went to the police and wrote a statement about the theft.

Don't experiment with the criminal code. It's expensive and painful.

Even if you did not immediately report the find, it is better to do so later. There is no liability for late submission.

Legal consequences

If a person picked up an item on the street, his actions did not violate the law. However, it is necessary to understand the difference between discovery and theft.

When a citizen picks up someone else's mobile phone and makes no attempt to return it to the owner, law enforcement agencies may be charged with theft, and criminal liability may be applied in accordance with Article 158 of the Criminal Code of the Russian Federation.

According to the law, a person can be accused of stealing a mobile phone in the following cases:

• The owner submits a statement to law enforcement agencies in connection with the theft;
• The mobile phone was taken by a citizen at a time when the owner was away for a short time and was expected to return soon;
• The person who found the phone knew who its owner was.

In cases where a citizen is brought to criminal liability, the process of proving his innocence is significant.

Almost all devices provide a contact list, with which you can find out who owns the mobile phone. For this reason, it will not be easy to justify yourself in the event of misappropriation of a found phone.

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 is the difference between theft and an item found?

What to do if you find a phone on the street and don’t want to give it back, it’s worth understanding what’s special about a public act for which there is a penalty, since it happened with a deliberate unlawful commission.

Theft is characterized by:

• appropriation of someone else's property
• confiscation of an item from the owner, causing material harm to the owner
• the offenses were committed purposefully, intentionally

Any thing found is assessed as an act:

• with receipt of a product accidentally removed from the property of an unknown person
• did not cause special material damage, since the item was lost
• caused by unforeseen circumstances

Correctly establishing the boundary between thefts and finds leads to the validity of bringing to justice for violations of the rules of relationships between citizens or refusal to make a legal decision.

Found or stolen?

The law clearly distinguishes between the concepts of theft and discovery, although they also have common features. You need to understand the difference in order to decide what to do if you find a phone on the street, but there is either no desire or opportunity to return it to the owner.

Both in the case of theft and in the case of discovery, we are talking about the appropriation of someone else’s property, and if it is not returned, it is about causing material damage. But the stolen item is appropriated intentionally; perhaps the criminal thinks about the “operation” for a long time, calculates the options, and looks for opportunities to “do a deal.” When found, everything happens in a matter of seconds: you simply walk, for example, along an alley in a park and see a flickering smartphone. You do not intentionally cause moral harm to the owner: he can only complain about his own absent-mindedness.

The table will help you understand the similarities and differences:

Petty theft under Article 158 of the Criminal Code is punishable by 15 times the compensation of the stolen item (but not less than 1000 rubles) or arrest for 15 days. Therefore, you should think carefully before taking something that does not belong to you.

Assess the circumstances and potential for theft charges.

You will rightly be called a thief if:

• you took the phone while passing by the shop, while the owner went to the nearest kiosk to buy shawarma or coffee;
• you knew who owned the gadget and where the owner was at the time of the act;
• those around you provided information about the owner, but you ignored it and did not contact to return the find.

Possible liability for concealment

If we are talking specifically about a find, that is, someone accidentally dropped the gadget, left it in a cafe or public toilet, and another person found it.

This is how things are in theory.

In practice, it is necessary to answer a number of questions from representatives of the law , whether there was an announcement over the speakerphone or other channels about the discovery, whether the persons whose contacts are contained in the device’s memory were interviewed.

Often the matter ends with an unpleasant conversation, especially if the finder expresses a desire to give up the phone. If the mobile phone is expensive, and the owner has written a statement of theft to the police, you may have to answer in court.

Especially if it is proven that the owner did not lose the phone, but left it, for example, on a table in a cafe, and went to the toilet.

Act of a law-abiding citizen

For most of those who find a phone, it is important to know what to do legally.

If an item is left in a public place, for example, a restaurant or in a minibus, then until the owner shows up, it is the property of the owner of the premises or vehicle. That is why gadgets found in transport, at a train station, in a store or cafe should be given to the administrator. There is no alternative!

Important!

You definitely shouldn’t take a smartphone from a bag or backpack where other things are located - this will be an obvious theft.

What to do if a child finds a phone? The right thing to do would be to scroll through the phone book of your smartphone and dial several numbers, trying to determine the owner. After the return of the lost item, it is possible that there may be a financial reward for honesty, especially if the smartphone is expensive or contains important information.

And if you find a phone without a SIM card, what should you do then?

Or is there not a single number in memory, the device is locked and there is no way to contact the owner? You need to visit the nearest police station and write a statement about the value found (Articles 227-228 of the Civil Code). The statement must clearly describe all the circumstances and describe attempts to contact the owner of the found item.

Please note that a police officer does not have the right to confiscate a smartphone. He must only accept your application and write down the contact details. If after six months the owner of the smartphone does not show up, the gadget will legally become the property of the person who found it.

First, the theory

Money on the street most likely has an owner. Therefore, according to the law, the scattered 30 thousand rubles is a godsend.

The find can be banknotes, things, bags, phones - anything. If you see a bag with money lying on a bench or an ownerless iPhone, this does not mean that the owner has renounced ownership or automatically lost it at the time of loss. He could forget, lose, leave his things, but from the point of view of the law he did not cease to be their owner.

Therefore, the money found does not fall under the definition of treasure. Treasure is things that do not have an owner or cannot be identified.

A person who has found a lost item first has responsibilities, and only then rights. The main responsibility is to take all measures to return the find to the owner or his representative.

This means that if you find an item in a vehicle, you hand it over to the owner of the bus or his representative, the driver. If you find an item in a hotel or office, hand it over to the representative of the owner of the hotel or office.

Once you have handed over the find, the responsibility for returning the item passes from you to the person who accepted it.

If the owner of the loss was found immediately, then he receives his item without any additional requirements. The Civil Code does not provide for mandatory rewards for the return of finds, but does not prohibit incentives.

If the owner cannot be found immediately, the find must be reported to the police or local government, and their employees will be obliged to try to find the owner themselves.

Should I go to the police or not?

A visit to the police allows you to count on a bonus - a reward in the amount of 20% of the value of the lost item, but visiting the police station also has an unpleasant moment. If the owner reports the theft, you will have to prove that you did not steal the smartphone, but found it. As arguments, the owner of the loss can provide the following facts:

• the bag/backpack/pocket where the smartphone was located was cut;
• the place where he last held a smartphone in his hands was limited and there were acquaintances nearby who could easily explain whose phone it was;
• the phone was left for a short period of time (for example, as in the above-mentioned situation with the bench and a short trip to the kiosk for food).

The law does not provide for punishment for failure to report a found item or for failure to return it to the owner.

But even if you do not visit the police, and the owner of the smartphone files an application with a request to declare a search, if a “found item” is discovered on you, unpleasant proceedings cannot be avoided - and this is at a minimum.

If desired, an unintentional act can easily be reclassified as theft, especially if the stolen item remained with you, and you began to dispose of it at your own discretion, for example, you decided to sell, give, etc.

A good insurance against accusations of theft would be an announcement of the find.

. Post a message on popular social networking sites, attach a copy of the information to your personal page, or, if you’re not too lazy, post notices in the vicinity of the place where you found a valuable item. Just don’t describe what you found in too much detail so that the responder names one of the features of the smartphone, for example, a scratch, a pink case with a cat, or a beautiful brunette on the screensaver. This way you will definitely understand that you are returning the item to the real owner, and not to a seeker of easy money.

When thinking about what to do if you find someone else’s phone, remember the folk wisdom: things obtained without labor do not bring happiness. Everyday practice has proven that what is found is followed by double or even triple losses, and not always, unfortunately, material ones. So if you are superstitious, make every effort to return what you found to its owner.

In order not to cause unnecessary headaches, it should be clear what to do if you find a lost phone. Return it to the owner as soon as possible.

After all, for returning what you lost, you can receive not only thanks, but also a reward, and if you keep the smartphone for yourself and do not take any steps to return it, you will receive a criminal offense. Do the right thing!

What to do if you find money or valuables

Don't touch anything. Contact the police.

Write a statement about the find. Indicate that you are claiming the find.

Receive a notification coupon from the duty station with the date of submission of the application.

Hand over valuables to the police or keep them in safe custody.

If what was found was kept by the police, come to the police station six months later and find out if the owner has been found. If you can’t find it, ask them to pass the find on to you.

If you have a question about personal finance, rights and laws, health or education, write. The magazine's experts will answer the most interesting questions.

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Finds on the street or indoors are not uncommon, and you don’t always want to part with them, especially if it’s a good and expensive phone. Someone is trying to find and return the phone, but other people decide to keep the find for themselves, taking the risk that it may be recognized as theft and then they will have to bear criminal liability. When picking up an item on the street, a person does not essentially commit illegal actions, but if you pick up someone else’s phone and do not try to return it, then the owner can accuse you of such an unpleasant crime as theft with further prosecution in accordance with the provisions of Article 158 of the Criminal Code Russian Federation.

The law can charge you with theft of a mobile phone in the following cases:

If brought to justice, it will be difficult to prove your innocence, so it is better, despite the temptation, to try to return the phone. If you find it on the premises, then you need to hand it over to the administration. If the phone is found on the street, you should contact law enforcement agencies and hand over the device.

The Criminal Code, in particular Article 158, classifies theft as a so-called criminal offense. At the same time, the line between the gradation of crimes is quite thin. For example, if a citizen discovered the fact of theft in the process of its direct commission, then the offense is changed to robbery and the punishment for this crime will be more severe. The line between discovery and theft is incredibly thin and a person may simply not notice how he crosses it.

The person who finds the phone will not be in any danger if the owner has not contacted the police, but you should not hope for this, especially if the device is clearly expensive and new.

As noted above, it is not difficult to distinguish a theft from a find. A mandatory component of theft is the fact that the material damage was caused to the victim intentionally. The loss of an item occurs due to forgetfulness or inattention of the owner when he loses the item. In the case of a telephone, the difficulty lies in the fact that all phones have not only contacts, but also the ability to accurately track, because it is enough to simply turn on the device, even changing or throwing out the SIM card, and law enforcement officers will find it.

As indicated above, an item found in a cafe, restaurant, medical clinic, or educational institution must be given to the administrator. If you see a forgotten bag and there is a phone in it, then you should not take it under any circumstances, as this will be considered an obvious theft of property. When you find a mobile phone, be sure to look through the phone book if it is not locked and try to call relatives or its owners. You can post advertisements in local city groups on social networks with conditions for donating a phone with a description of its brand, color, screensaver, case or other individual features.

But first of all, when the phone is locked or there is no SIM card in it, you need to contact law enforcement agencies. You need to give your phone away not just like that, but by writing a special statement about the valuable item you found. The statement itself requires you to describe all the circumstances of your find, telling about the attempts made to contact the owner of the found item, also indicating why in the end the phone was not handed over to him. Please note that a police officer does not have the right to forcibly confiscate your mobile phone. He must only accept your personal written statement and write down the coordinates for contacting you in the future. If after six months the owner of the mobile phone does not show up, then the gadget will legally become the property of the person who found it. This means that you can become its owner and nothing will happen to you according to the law.

If we talk about legislative acts, then in accordance with Articles 228 and 227 of the Civil Code of the Russian Federation, a discovery found on the street or indoors is subject to mandatory compensation to the owner. If the owner cannot be identified, then you need to contact law enforcement agencies or the administration of the institution where the find was discovered. But it is natural that going to law enforcement agencies is not the most pleasant experience. After all, the owner can file a complaint about the theft, but you obviously didn’t steal the phone.

As arguments, the owner can indicate the following things:

The law does not stipulate punishment if a person finds and does not report the found item, thereby ensuring its non-return to the owner. But if the owner contacted the police and wrote a statement about the theft, then you will definitely have problems with the found item, and they will find the phone if you try to turn it on at least once. Representatives of law enforcement agencies, if desired, can easily reclassify the act against you as theft, especially if you kept your mobile phone and decided to sell it or, for example, give it to a third party.

If you don’t want to return your mobile phone, then you need to be prepared for trouble with the police and, naturally, pangs of conscience. After all, the same child or one of the low-income citizens could have lost it, so it is better to try to return the gadget without hiding it. There are situations when a person is delayed with the phone. If this happened unreasonably, then be sure to complain to the leadership of the investigative authorities about the actions of your subordinate and contact the prosecutor’s office on the basis of Article 125 of the Criminal Procedure Code.

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Actions if you lose your phone

An owner who has lost a phone usually tries to return it. The information contained in the device’s memory is no less, and sometimes even more valuable.

In this case, three types of applications can be submitted to law enforcement agencies:

1. about the loss.

Sometimes finds are handed over to various government and private structures, and they can also be discovered during other events. If there is a device number, there is some probability that it will be returned to the owner. The police do not take active action on such statements, and they are reluctant to accept the statement itself;

1. about the loss.

In this case, the applicant does not directly claim theft, but does not exclude its possibility. Here the police are already obliged to take some actions to clarify the circumstances of the incident and initiate a criminal case if there are signs of a crime being committed. Such signs may be:

• cuts in the pockets of bags and packages where, according to the owner, the phone was located;
• disappearance of a phone in a specific small space;
• loss of a gadget left for a while. That is, the owner knows exactly where he left it, but did not find it upon his return;

1. about theft.

Theft is a crime, and the police are obliged to initiate a criminal case and actively engage in search activities.

Typically, charges are brought against those who find the phone based on the last two types of statements.

○ Legal theft

“Theft is the secret theft of someone else’s property” - this is the interpretation given by the law in Art.
158 of the Criminal Code of the Russian Federation. Theft always causes material damage to the victim. When committing theft, the criminal has a specific goal - to enrich himself. He understands that he is committing illegal actions that are prohibited by law. He also realizes that he is stealing in secret from the victim and others. Even if the thief is noticed, but he does not guess about it, his actions will contain the elements of Art. 158 of the Criminal Code of the Russian Federation.

For committing an action provided for in Part 1 of this article, one of the following penalties is imposed:

1. Penalties not exceeding 80,000 rubles or within the limits of the convicted person’s certain income for six months.
2. Mandatory work within 360 hours.
3. Correctional work, lasting up to 12 months.
4. Freedom may be limited or forced labor imposed for up to 2 years.
5. Imprisonment for up to 4 months.
6. Imprisonment for up to 2 years.

A criminal case is initiated when the value of the stolen property exceeds 1,000 rubles, and there are no additional signs of theft in the actions of the offender.

Qualifying features of Art. 158 of the Criminal Code of the Russian Federation are reflected in three parts of this norm.

Liability under Part 2 of Art. 158 of the Criminal Code of the Russian Federation occurs if:

1. A group of people, that is, more than 2 people, is involved in the crime. At the same time, they must plan their actions in advance.
2. The citizen suffered significant damage. That is, the total cost of the stolen property must be at least 5,000 rubles. Speaking of significance, law enforcement agencies determine the financial situation of the applicant.
3. There is illegal entry into the premises or other storage place. It does not matter the method of entry - whether the door was opened or the lock was broken.
4. Property is stolen from clothes, bags or other luggage that are with the victim.

These actions entail the following penalties:

1. Penalties up to 200,000 rubles or a fine that is a multiple of the perpetrator’s other earnings for 1.6 years.
2. Up to 480 hours of mandatory work.
3. Correctional labor for up to 2 years.
4. Up to 5 years of forced labor with or without restriction of freedom for a year.
5. Detention for up to 5 years.

Separately, in Part 3 of Art. 158 of the Criminal Code of the Russian Federation, the legislator distinguishes the theft of property from someone else’s home; theft from an oil pipeline, oil product pipeline or gas pipeline; as well as theft in the amount of more than 250,000 rubles, which is regarded as large.

For this, the court may impose the following sanctions:

1. A fine of 100,000 rubles to half a million, or equal to any income of the convicted person ranging from one to 3 years.
2. Forced labor for a period of up to 5 years, in addition, restriction of freedom is allowed for 1.6 years;
3. imprisonment for a term of up to 6 years, together with a fine of up to 80,000 rubles or equal to the convicted person’s earnings for six months, as well as restriction of freedom for up to 1.6 years. The judge may refuse additional sanctions.

Part 4 art. 158 of the Criminal Code of the Russian Federation contains the following qualifying criteria: theft by an organized group or in the amount of more than 1,000,000 rubles, which is considered especially large. The offender can be imprisoned for up to 10 years. In addition, the presiding judge has the right to impose a fine of up to 1,000,000 rubles or a multiple of the income of the sentenced person for 5 years. In addition, a restriction of freedom is provided for within 2 years.

Information for those who find the phone

On the one hand, property that turns out to be ownerless, including a telephone, cannot be the subject of theft, and accordingly, charges cannot be brought against it. On the other hand, this property does not become the property of its finder. Art. 227 and art. 228 of the Civil Code of the Russian Federation establishes that the found thing is subject to transfer to the owner. If it is impossible to return the item, you must report it to local government authorities or the police. However, no deadline has been set for this.

To obtain ownership of the found item, such a report must be made. Six months are counted from the moment the information is transmitted to the police; if during this time the owner is not found, then the ownership rights are transferred to the finder. Until then, it cannot be sold, given away or disposed of in any other way. However, there is no provision for any liability for violation of these rules if the owner of the found property cannot be determined.

However, there are times when what you thought was a find is a 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.

What to do with a found phone?

In accordance with Art. 227-228 of the Civil Code of the Russian Federation, the discovered find is subject to transfer to its owner.

If it is not possible to identify the owner, the find should be reported to the police or local authorities. The legislation does not stipulate when this should be done.

The person who discovers the find has the right to keep it until the owner is found . He cannot manage or use the found phone.

If six months after reporting to the authorities the owner is not found, then the person who discovered the find acquires ownership of it.

A legal way to get a new gadget for anyone who is wondering what to do if you found a phone but don’t want to give it away.

It is worth noting that there is no liability for failure to report a find, its concealment or non-return.

Recommendations for people who have found someone else's property

What should I do if I found a phone on the street and want to return it? Even today, such questions arise.

In any case, if you have a multipolar desire, you need to imagine what detecting a mobile phone means:

• by law it is not considered theft if it is found on the road
• a smartphone was spotted on a bench in the park, the owner went away for a while and will return soon, its appropriation by a stranger is classified as theft
• a found item is considered a violation, while it is known who it belongs to and where the owner is, and at any time he can remember the place of his loss
• material assets left in a public place, restaurant, train station, bus are considered to belong to the owner of the vehicle or premises until they are claimed; they must be returned to them

In order not to attract problems, you should act prudently:

• give the mobile phone to the owner of the establishment or the driver of the transport if the device is found there
• there is no need to pick up an item that is with other items, knowing that the owner will return for them
• if the owner of the phone is known, it must be handed over to the owner
• the street find can be included and viewed in the address book of his close friends, call to arrange a meeting for the purpose of return

The use of all methods of returning those that did not lead to results leads to a single path of communication to the point of law and order.

The policeman should not confiscate the phone, but only accept the statement, since in six months it will rightfully belong to the person who found it, provided that the owner does not show up during this period.

Even when law enforcement is not actively searching for an item, this agency may receive a request:

• confirming the fact of a lost mobile phone
• about theft

There is no point in declaring a missing phone as stolen, as it will require signs of a criminal act, and only after that, they open a case with a criminal classification.

It is necessary to prove the grounds, with their help the initiation of a case will follow:

• the place was cut, there was a stolen item in it, it could be a pocket, a bag
• the space where a smartphone could be stolen is limited and there were people there who were aware of its ownership
• the phone was left for a short period

The investigator will consider the reasons provided; if there are insufficient allegations of theft, the case will be refused. The person will be punished if the situation is assessed and the case can be reclassified as theft without believing the statements that he found the device.

The line between these different actions is thin, and depends on the intentions of the person who appropriated the phone, even after it is returned to the owner, it will be considered a crime if the signs of Article 158 of the Criminal Code are present.

This is because the criminal act is committed from the moment when someone else’s object was deliberately placed in the hands of someone else, and the person who stole it began to dispose of the property at his own discretion. It does not take into account what motive served as the driving force for the return, but the persecution with punishment may end if the parties agree peacefully. This is possible for persons who have not previously been found guilty of such offenses and who have no criminal record.

An innocent person, after submitting to law enforcement an incorrect assessment from the owner of the phone, who deliberately distorted the entire situation, will have to fight to clear his name of evil thoughts.

What should a person who finds a cell phone know?

If you find a phone, remember the following:

1. You can be located by signal (even when the device is turned off).
2. In no way can you consider a found mobile phone to be yours and do not have the right to appropriate it. The proverb “what falls is lost” will not work here. All things left by the owners on the premises of the establishments belong to the owners of these establishments. In all other cases, you are obliged to contact local authorities or the police station (Article 227 of the Civil Code). If you did not do this (even if you did not know about such a rule), what you found ceases to be just a find and turns into deliberately hidden property of someone else.
3. You face criminal liability , especially if the owner has already sounded the alarm and filed a report of theft.

The device, even if it is turned off, will be located and detected, even if it is already on sale.

If you file a statement with the police that you found a phone, you have the right not to give them what you found. The Ministry of Internal Affairs is not the owner of the phone. They also have no right to seize it .

Lecture material on the topic: “The difference between a discovery and theft in criminal proceedings

In practice, it is often difficult to distinguish between relations regulated by criminal or civil law.
the main difference is that the discovery does not constitute a criminal offense; this concept is a civil one.

The most acute problem is the relationship between the concepts of “ownerless thing”, “find” (relations associated with them are regulated by the Civil Code of the Russian Federation) and the concept of theft of property established by the Criminal Code of the Russian Federation.

In accordance with Art. 158 of the Criminal Code of the Russian Federation, theft is understood as the commission for mercenary purposes of an unlawful gratuitous seizure and (or) circulation of someone else’s property in favor of the perpetrator or other persons, causing damage to the owner or other holder of this property.

Theft in the Russian Criminal Code means:

1) actions committed for selfish purposes;

2) illegal actions;

3) gratuitous seizure and (or) circulation of someone else's property in favor of the offender or other persons;

4) causing damage to the owner or other holder of this property.

In order for an act to be recognized as theft (and a secret act, accordingly, theft), a combination of all these signs is necessary. If one of them is missing, then theft, and, as a consequence, such a crime as theft, is absent.

In practice, there is no doubt about the qualifications of the crime committed during the theft of linen hanging to dry in front of the house, a bicycle or stroller left in front of a store, boards stored near a fence, etc. In the absence of qualifying characteristics, depending on the value of the stolen property, criminal or administrative liability is provided.

In the life of every person there have been cases of finding abandoned, lost and unattended things. In this case, it is quite difficult to distinguish between the concepts of “find” and the concept of “theft” of someone else’s property. In this regard, when resolving the issue, you should understand the concept of ownership of property and the difference between a lost thing and a forgotten one.

Ownership in the legal sense is understood much more broadly than simply holding in one’s hands or directly using a thing. All property located in a premises, a special storage facility, or a vehicle (car, train compartment) is considered to be in the possession of the person who owns the premises or who has placed his things there.

Items left unattended in special places (train station, airport, etc.) are considered to be in the possession of the persons to whom they belong. Therefore, if a passenger left a suitcase unattended at the station for a while, going to the buffet, taking possession of this suitcase by an unauthorized person is classified as theft.

The forgotten item is located in a place known to the owner or possessor, and he has the opportunity to return for it or otherwise return it. If a passenger forgets his bag in a taxi, and the driver or subsequent passenger takes it with the intention of turning it to his advantage, he commits theft. If a citizen forgets his phone in the toilet of a medical (or other) institution, and the next person takes it with the intention of turning it to his advantage, he also commits theft.

The Supreme Court has confirmed that taking forgotten items is tantamount to theft.

Subsequently, in court, woman A’s defense tried to prove that the owner himself was to blame for leaving his belongings unattended. Referring to the fact that the phone was not stolen, but found. According to the lawyer, the woman did not have any direct intent to seize someone else’s property; she did not take any active steps to remove the phone from the victim’s possession. She did not dispose of the phone she found, but gave it up voluntarily when she was contacted about it. Simply put, the picture turned out like this: I saw an ownerless phone in a public place and put it in my pocket. And when they installed it, she calmly returned what she had taken. Without locking yourself away. Should we be punished for this?

Lower courts convicted the woman of theft and sentenced her to 100 hours of community service. The defense went all the way to the country's Supreme Court in an attempt to appeal the verdict. However, the Judicial Collegium for Criminal Cases of the Supreme Court of Russia recognized the decisions made as completely legal.

An item left unattended in a public place does not become anyone's property. Taking it is theft.

In its ruling, the Supreme Court indicated: the victim’s phone was not lost, but was left by him along with other things in the clinic premises in a place known to the owner.

Moreover, the owner was absent for a short time, and after discovering the loss, he tried to call his number.

Thus, the assignment of the find, i.e. lost item does not entail criminal liability.

Meanwhile, when you find things, you still need to think about the legality of your actions, as well as about avoiding criminal liability under Art. 158 of the Criminal Code of the Russian Federation, it is necessary to perform a number of simple actions that are enshrined in civil law.

In accordance with Article 227 of the Civil Code of the Russian Federation, the person who finds a lost thing is obliged to immediately notify the person who lost it, the owner of the thing or any other person known to him who has the right to receive it, and return the found thing to this person. If an item is found on premises or in a vehicle, it must be handed over to the person representing the owner of this premises or vehicle. In this case, the person to whom the find is handed over acquires the rights and bears the responsibilities of the person who found the thing.

Clause 2 of this article states that if the person who has the right to demand the return of the found thing or his place of stay is unknown, the finder of the thing is obliged to report the find to the police or local government authority. In this case, the person who finds the thing has the right to keep it at home or deposit it with the police, local government authority or a person indicated by them.

What you should know when finding a phone

If you find a mobile phone, then you have only two options: return it to the owner or keep it for yourself. If your desire to do a good deed is great, then you can do the following:

• Write to the local newspaper about the find, but do not provide any details.
• You can call someone on the phone's contact list and say that you have the phone. In this case, you can ask for a small reward for your work.
• If the mobile phone turns out to be without a SIM card and numbers, then you have the right to take it to the police department, where you will have to write a statement about the discovery.
• After the application, you can leave your cell phone at the branch or keep it at home. After six months, if the owner is still not found, you have every right to keep the device.
• If the owner of the phone shows up, you have the right to demand a reward from him in the amount of 25 percent of the value of the item found.

If a child finds a phone

Children under 14 years of age cannot be prosecuted for theft. But that doesn't mean they don't steal. Make sure this doesn't happen in your case. Otherwise, the procedure for dealing with a phone found by your child is the same as if you had found it.

If you or someone you love has been accused of theft, contact an attorney immediately. Our lawyers will provide an initial consultation online.

How to keep your find

It’s better to do everything according to the law right away, even though this is an unpopular decision. If you find something, I recommend not touching the thing, but calling the police and filing a statement about the find. You can do without a statement, but it’s still more reliable.

In the statement, indicate the time, place and circumstances under which the item was found. Also write that you ask to transfer what you found to your property if the owner of the thing cannot be found.

It often happens that the police do not want to be held accountable for the thing they find, so they hand it over for safekeeping to the person who found it. This means that you must ensure the safety of the item and return it to the owner upon request.

If after 6 months the owner of the item is not found or is found but refuses it, the item will become yours. The period starts from the moment you reported the find to the police or local government authority.

If the find was kept in your safe custody, after 6 months the item is automatically considered yours, no need to go anywhere.

If the find was kept by the police, you need to come to the department with a notification coupon and say that, in accordance with the law, you want to take ownership of the found item. You may be asked to write an additional statement about this. If the documents are in order, the item will be returned.

If you did not report the find, then you are not entitled to ownership rights even after 6 months. The owner has the right to return the item at any time.

There is no need to pay finders tax.

If you don't want to return the phone

In this case the following is possible:

• Trouble with the police if the true owner filed a report about the theft of his mobile device. It is unlikely that your friend will be able to prove that he found the phone and did not steal it.
• Pangs of conscience. Perhaps the mobile phone was lost by a small child who lost it after school. Put yourself in the shoes of the baby's parents and the child himself, you are unlikely to be pleased. In addition, it is possible that one of the low-income citizens lost their mobile phone.
• If the former owner of the mobile phone did not write a statement about the loss of the device, then nothing will happen to the finder.

If you find a mobile phone and don’t know what to do, then think about what emotions you would have after the device went missing. Perhaps these thoughts will help you make the right decision.

Actions if you find a phone

Article 227 of the Civil Code of the Russian Federation determines the procedure for the actions of a person who finds a lost phone. If this happens indoors, you must return the device to the owner of the establishment. Failure to fulfill the obligation provided for in Art. 227 of the Civil Code of the Russian Federation, that is, appropriation of a find, is not theft. However, in order not to solve problems with law enforcement agencies, in our opinion, it is better to pass by the abandoned property. Judicial practice on the qualification of acts of citizens who appropriated a find is ambiguous.

But if you want to help the owner find the loss, it is better to hand the item over to an official or employee of the establishment where the find was made. You can try calling someone from your contact list and reporting what happened. You can also place an ad in your local newspaper. Do not describe the device in detail so as not to give it to a scammer.

Note!

To avoid being accused of appropriating someone else's property, you can take it to the police by writing a statement about the find. If the owner is not found, you can legally keep the phone.

If you do not return the gadget, then most likely you will have:

• troubles with law enforcement agencies if the owner writes a report of theft. Proving that the device was not stolen is not easy;
• pangs of conscience - a child could lose a mobile phone. If you put yourself in the shoes of the parents and the child himself, you are unlikely to feel good. It is also possible that low-income citizens lost their mobile phone.

There will be no trouble only if the former owner of the smartphone did not file a statement with the police.

I found a phone and was accused of theft: what should I do?

If you are charged with theft for concealing your phone, remain calm and try to convince the investigator that you have found the gadget. The owner was not around, you were afraid to give the find to other people and were looking for a way to transfer the phone to the owner.

Has the owner been found? Great, don’t let him lose his cell phone again. If there are no signs of theft, then a criminal case cannot be initiated, because there is no corpus delicti.

If the owner insists that you stole his phone, write a response statement of slander (Article 128.1 of the Criminal Code of the Russian Federation). The realization that he can turn from an accuser into an accused quickly sobers up people who do not watch their language.

If the case takes a turn for the worse, that is, you are detained and accused of theft, then it is advisable to seek help from a lawyer.

If you find a phone on the street, do not rush to rejoice. First, try to find the owner on your own. If you fail to do this, contact the police, but keep in mind that until the owner is found, you have the right to keep the phone with you.

If there is no positive result and the incident occurs for six months, ownership of the gadget is transferred to you.

You also need to remember that if the owner contacted the police with a report of a missing phone, and it was with you all this time and you do not plan to return it, then you can be legally prosecuted.

At the very beginning, the most important thing is to answer the question for yourself: are you guilty or not?

27 of the Code of Administrative Offenses (which talks about petty theft - the same theft, but when the value of the stolen property is less than 2,500 rubles), we can say the following: theft is a situation when someone else’s property was taken secretly and appropriated for oneself, and the owner was not given any in return compensation (monetary or other material). Therefore, a person who is accused of theft must understand for himself whether he really stole something or whether the accusations are false.

A person accused of theft has two options:

1. If he really committed the theft, it is better for him to admit his guilt, return the stolen property or compensate for the damage in another way. In many cases, this may be the end of the incident, and the situation will not lead to the initiation of a criminal case.
2. If there was no theft, you should defend your rights both independently and by inviting a lawyer.

Next, you need to determine whether there is concrete evidence

One of the basic principles of justice in criminal cases is the presumption of innocence. It means that everyone is presumed innocent until proven otherwise. Therefore, in order to bring charges, it is necessary to have evidence.

The task of a person accused of theft is to find out on what basis the accusation was brought and what the investigation and the victim have against him. If the evidence is significant, you should look for an opportunity to resolve the case without trial by compensating the damage; if not, you should stand your ground.

And try to resolve the issue before the trial

If the accusations are not completely groundless, it is better to admit guilt and resolve the matter peacefully. To do this you need:

• Apologize.
• Fully compensate for the damage caused.

In this case, with the consent of the prosecutor or head of the investigation, the investigator or inquiry officer will have the right to terminate the criminal case in accordance with Art. 25 Code of Criminal Procedure of the Russian Federation.

Article 25 of the Code of Criminal Procedure of the Russian Federation. Termination of a criminal case due to reconciliation of the parties

The court, as well as the investigator with the consent of the head of the investigative body or the investigator with the consent of the prosecutor, have the right, on the basis of a statement from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, in cases provided for in Article 76 of the Criminal Code Russian Federation, if this person has reconciled with the victim and made amends for the harm caused to him.

Finally, if a criminal case is nevertheless initiated, you should seek the help of a lawyer.

The sooner this is done, the better: it is easier to get the case dismissed at the pre-trial stage than to get an acquittal in court. You can hire a lawyer yourself.

Cases from judicial practice

The found item should not be appropriated, as you may end up in an unpleasant situation. Semyon I. went on vacation with his family to a resort and found an Iphone 4S smartphone, but instead of reporting the find to the police, he kept it for himself, knowing that the owner would find the device using its IMEI number in a maximum of an hour. This frivolity led the man to a pre-trial detention center, where he was kept until trial, despite evidence that he did not steal the gadget, but only temporarily used someone else’s item and handed it over to the police upon request. The court found I. guilty and fined him 50 thousand rubles, taking into account the fact that the man had been in custody for 5 months.

This is a typical situation. One citizen lost his smartphone, another found it. If the latter had immediately announced the discovery, the story would have ended. But the man did not report to the police, look for the owner, or take any other steps, and later claimed that the gadget was turned off. Let's leave this question to his conscience, but by his action I. showed that he had no intention of returning the phone, since he began to use it himself, without trying to find the owner. The story looks like the phone was stolen. The situation suggests that the consequences of such behavior can be disastrous.

Investigators and prosecutors often classify the appropriation of found items as theft, despite the fact that this act was decriminalized in 1996.

The signs of theft are set out in Art. 158 of the Criminal Code of the Russian Federation:

• secret theft of someone else's property;
• turning someone else's thing into one's own favor.

Sometimes theft is committed without unlawfully taking property from the owner. This act is provided for in a separate article. 160 of the Criminal Code of the Russian Federation. The disposition of the norm indicates that misappropriation or embezzlement are methods of stealing property entrusted to the perpetrator. Confiscation of valuables does not occur, since they are legally in the possession of the culprit.

Illegality consists in the ways in which someone else's property is treated. If there is misappropriation, it turns in favor of the perpetrator, and in case of embezzlement, it turns in favor of other persons.

No one trusts a lost item, which means that it cannot be stolen through appropriation; such actions should not be regarded as theft. But in such a situation, civil liability for the use of someone else’s property may arise, and in some cases, administrative or criminal liability for arbitrariness.

As a positive example of judicial professionalism, one can cite the acquittal pronounced on November 29, 2011 by the Sholokhovsky District Court of the Rostov Region. Another positive example was published in a review of the judicial practice of the Moscow Regional Court. The conviction was overturned with the subsequent termination of the criminal case from the cassation ruling dated June 21, 2011 in case No. 22-4060.

On March 27, 2013, the Leningrad Regional Court overturned the verdict of the district court in case No. 22-614/2013 due to the lack of corpus delicti in the actions of the accused as provided for in paragraph 2 of Art. 158 of the Criminal Code of the Russian Federation, according to which the citizen was found guilty. The man was at the stadium and found a cell phone under the seat, from which he pulled out a SIM card and stole it. The victim, a member of the football team, could not say for sure whether he left the gadget in his clothes in the locker room or not. Despite the lack of evidence of the suspect’s guilt in confiscating the phone from the owner’s possession, the preliminary investigation authorities classified his actions under a criminal article. The prosecutor's office approved the indictment and sent the materials to the court. The defense, analyzing the history of legislation on criminal liability for misappropriation of finds, came to the conclusion that the man’s actions did not constitute any crime. The cassation court agreed with the defense's arguments and discontinued the proceedings.

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.

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.

If you are detained

Any decision of the investigator or inquiry officer may be canceled.

Complain to the leadership of the investigative agency about the actions of your subordinate. He has the right to cancel the decision.

Contact the prosecutor's office or judicial authority (Article 125 of the Code of Criminal Procedure).

In the process of challenging, contact the authorities as their competence increases: first to the local authority, then to a higher authority.

For example, before contacting the regional Department of the Ministry of Internal Affairs, resolve the issue at the level of the leadership of the Investigative Department of the Department of Internal Affairs of the Russian Federation. A complaint that has serious grounds will be satisfied. The charge will be dropped.

○ What to do if a criminal case has been opened?

Theft is a crime that is difficult to prove. To initiate a criminal case, it is enough to receive a statement and explanation from the victim about the event. Finding a mobile phone is not difficult for law enforcement agencies. In this case, the finder may become accused in a criminal case. If this situation affects you, then use all means to prove your innocence.

The law states that the burden of proof lies with the investigation, but in practice it is better to be proactive and defend your case. For this purpose:

1. Hire a lawyer to act as your advocate.
2. Provide the investigator or interrogator with all possible evidence of non-involvement. For example, independently contact the Administration of the shopping center where you were at the time of the theft and ask them for video recordings. But don't count on a positive response.
3. The decision to initiate a criminal case, as well as the decision to involve him as an accused or suspect, will necessarily contain information about the place and time of the crime. Using this information, find witnesses who will prove that you were with them at that particular time. Or who know what you were doing during this period of time.
4. Submit as many petitions as possible during the investigation, demand that those investigative actions and operational search activities be carried out that will confirm your alibi. If your request is denied, appeal the decision of the investigator or inquiry officer.

If at the preliminary investigation stage it was not possible to terminate the criminal prosecution and the material is sent to court, do not despair. You will be given the opportunity to familiarize yourself with all the materials of the criminal case, you will be able to make photocopies of all documents. Based on the information received, you and your lawyer will be able to build a line of defense in court. You will have a new opportunity to prove your innocence and appeal the verdict, if it takes place.

This algorithm is suitable for innocent persons.

If you are involved in a crime, then actions should be aimed at mitigating the punishment or terminating the criminal case through reconciliation of the parties. Then proceed according to a different scheme:

1. Voluntarily write a confession, where you confess to committing the theft.
2. During interrogations, give truthful testimony and show that you repent.
3. Return the stolen property or help establish its location. For example, tell who the item was sold to and how to find a buyer.
4. Compensate for material damage caused and, if necessary, moral damage.

A full admission of guilt will mitigate the punishment. In addition, you will have the opportunity to make peace with the victim during the investigation or in court. Then the case will be dismissed pending reconciliation of the parties.

Recommendations for those who are confused

If you yourself have lost your means of communication, the first thing to do is contact the nearest mobile operator office and block all SIM cards . A lost phone can be found by IMEI or using a special application.

It’s better not to waste time going around buying up, it rarely ends in success . You can make an announcement on social networks, the media, ask the administration of the institution where the incident occurred to make an announcement over the speakerphone.

It is quite possible that someone has already found what was lost and is now intensively looking for you to give you your mobile phone.

After this, contact the police . To apply you need:

• general passport;
• receipt (cash and sales receipt) for the purchase of a gadget.

It may happen that the phone was found, but its owner claims that he bought a mobile phone . In this case, he is obliged to confirm the fact of purchase - a check or receipt. If it can’t, the device will be confiscated and returned to you as the rightful owner, subject to the prescribed procedures.

If a person actually bought a cell phone, for example, in a used goods store , where the thief had previously given it to him, it will be much more difficult, sometimes even impossible, to return the loss.

The best way to avoid being accused of stealing a found phone is to not give in to your own greed and take it.

But if this happens to you, and you are not to blame , immediately demand that you be given the opportunity to contact a lawyer.

The wife was accused of stealing from a candy store and was taken away for questioning by the police.

My wife was once accused of paying for an order at a local bakery with someone else's card. The cameras showed her purchasing a takeaway coffee at the checkout counter at the same time as a transaction made with another person's card.

The wife came to the candy store a few days later, suspecting nothing, and the employees called the police. The police have already looked into the case following a statement from the injured woman, who allegedly lost her card. The objection sounded like this: it must be you, we remember you, but according to the cameras, there was no one in our bakery after you!

The testimony of witnesses spoke rather in our favor. The cashier mistakenly pointed to my wife, payment for the order using the missing card was not recorded anywhere, payment for coffee and fraudulent transactions on this card did not coincide in time. There were four transactions in total on the missing card, and in the footage from the bakery you can clearly see my wife only once bringing her phone to the bank terminal to pay for coffee.

All in all, the allegations were clearly false and the case was “thinly veiled.” We consulted with lawyers and contacted the prosecutor's office. A month later, the police called us and, without any explanation, told us to “forget about this matter.”

But how could we forget about it now? This day worried our whole family for a whole month. Imagine that it was there that my wife, a mother with a four-month-old daughter in a stroller, was asked to “leave the baby with someone she knows” and was taken to the police station for a three-hour interrogation. During the interrogation, of course, they put moral pressure on me, persuaded me to write a witness statement, took away my phone and all the other “joys” of being in custody. And then for a month they continued to call me for a polygraph test (it was a lie detector test for several hours), convincing me to plead guilty again and not ruin my daughter’s life with my future article after the case was closed! This is a real failure! And the young nursing mother had to endure all this for a month.

The husband began to have health problems and was unable to feed his daughter due to a nervous breakdown. We invited all our friends and acquaintances, and our indignation was boundless. We were advised to get back on our feet and declare war on the dishonest staff and indifferent bakery management on social media through our friends, local bloggers and the media. We were also advised to sue this ill-fated establishment and demand generous punitive damages for false accusations, violation of consumer rights and everything else.

Dear Editor, could you please advise us what to do in our situation? How to properly file a claim? Should pastry shop owners who were aware of the situation but not take it seriously need to be notified in advance? Instead of dealing with the situation, carefully reviewing the camera footage and looking for scammers at the cash register, they simply gave up on the investigation and still don’t think about apologizing.

I would appreciate your answer.

Best regards, TJ fans.

It's great that the situation was successfully resolved. And you have the right to demand compensation - only if it is paid to you not by the cafe administration, but by the state.

If your spouse was suspected of criminal charges, he has the right to rehabilitation.

What actually happened

From what you tell me, a woman's bank card was stolen. She reported this to the police and they opened a criminal case.

Then this bank card was charged in a cafe where the wife was shopping. Cafe employees testified that she was the only one making payments during the debit period.

Therefore, based on this evidence, the police suspected that Mr. Wife made payments with a stolen bank card.

It follows that the cafe service does not accuse your wife of theft. It's unlikely that they were present at the theft and could point it out to someone else - look, we saw this person take the card out of his wallet and pay for it. They only indicate that your wife paid the card.

From the police's point of view, the woman whose card was stolen is the victim. Cafe employees are witnesses. And your spouse is suspicious. And evidence is not useful for a wife.

The cafe employees do not blame anyone, but say: “You were definitely there, they remembered you, and there was no one behind you on the cameras.” They say the police are likely. The investigation or investigator records their testimony in a report.

The police seem to be making up their minds - there is evidence. To support the position of the prosecutor's office, investigators take over the recording from industrial cameras - he thinks that this will definitely confirm the guilt of the spouse.

But it's the other way around - the records don't agree on the timing, number of transactions or method of payment - because the spouse paid for the phone with a phone instead of a card. And in this case, it is easy to check whether a bank card is associated with a specific phone and whose phone it is.

With this evidence the case cannot be made to the court - referee judge.