A police report is a way for any citizen to report a crime and regain or protect their rights and sometimes their safety. A statement, including a statement of theft, is an official document. Its filing is a legally significant action that entails consequences not only for law enforcement agencies and the person against whom it was filed, but also for the applicant himself. Is it possible to withdraw a statement from the police after it has been filed about theft, and how to withdraw a statement from the police about theft, you need to know in advance.
Types of theft
Theft, according to the law, is the secret theft of someone else's property. That is, a criminal enters someone else’s home or pocket, remaining unnoticed by others and the owner. At the same time, he is driven by the desire for profit, and, in most cases, he is aware of the consequences of his actions.
Types of theft , according to the criminal code, can be divided into several categories:
- Simple theft . This category includes theft in shops and markets, pickpocketing in public transport. As a rule, the amount of damage caused in this case is small, although there are exceptions (expensive watches, jewelry, large sums of money).
- Qualified thefts . This method of taking property is usually associated with secret entry into the victim’s home, or into a store or product warehouse in the absence of the owners. They are called qualified because criminals use certain skills and tools to enter someone else's territory undetected (they know how to turn off an alarm or pick a lock).
- Highly skilled thefts . There are few such crimes committed, but they immediately end up in the news. These are thefts using advanced technologies and special devices.
In addition to types, there are also types of thefts, which, in turn, can be simple and skilled. These include burglaries, theft in transport and production, car theft, theft of wires and devices containing non-ferrous metals, illegal connection to electrical networks or gas distribution pipes, theft of funds from citizens’ credit cards.
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According to Article 158 of the Criminal Code of the Russian Federation, the fact of theft of someone else's property is recognized only if the attacker managed to take it out and benefit from the fruits of criminal actions (sold, exchanged, left for personal use). If the criminal is detained, the type of punishment will be considered by the court based on the total amount of the stolen goods.
Criminal liability arises if the amount of stolen items exceeds 5,000 rubles . If it is less, the offender will be brought to administrative responsibility. If the damage amounted to more than 250,000 rubles, this is theft on a large scale; after 1 million, the law considers the situation as theft on an especially large scale (the offender can go to jail for up to 10 years).
Robbery
Robbery is also theft, but committed in an open way. Robbery itself, in turn, is divided into simply open theft and theft committed with the use of harmless violence.
A clear example of robbery can be the so-called “children’s pranks” that feature film producers love so much. “Children's prank” is usually expressed in the fact that a group of teenagers puts pressure on a teenager who for some reason they do not like.
They push the boy, kick him, and in the end, tear off his completely unnecessary baseball cap from his head and leave with it. So the actions of teenagers are pure robbery with violence that is not life-threatening.
The elements of robbery tend to flow into other elements of the crime.
For example, if a boy’s collarbone is broken as a result of pushing and kicking, then the teenagers’ actions will escalate into a robbery.
If the jolt causes the boy to fall, hit his head on the curb and die, the robbery would be additionally charged as aggravated murder.
This is the basis for the qualification work of investigators - to determine the gradation of criminal actions that can determine the article of the Criminal Code and, as a consequence, the measure of punishment.
Where to write a report of theft
The first place citizens who have been robbed should contact is the nearest police station. You can also write a statement in the office of the district commissioner. It is also possible to report a crime orally, but a paper document registered at the duty station is more reliable.
If, in the opinion of the party injured at the hands of the attackers, the police are in no hurry to investigate the circumstances of the incident, you can write a statement to the prosecutor’s office. As the main supervisory government body, the prosecutor's office will monitor the progress of the current case and punish the perpetrators.
Ways to report theft to the police
There are several ways to file a claim regarding theft of property.
Russian Post
A document drawn up in accordance with all the rules can be sent by registered addressed to the head of the local police department.
Additional documents that may help the investigation must be attached to the letter, and an inventory must be made, which must be kept along with the postal receipt. They will be used to prove that the application was sent.
The only disadvantage of this method is that the application will be considered only after the correspondence is registered in the department office after its receipt.
Personal appeal
You can also submit a complaint to the police in person by contacting the duty department of the police station, or by making an appointment with the head of the local police department.
Experienced employees will help you correctly compose the text of the document and give the applicant a registered copy of it.
By email
You can also file a complaint with the police electronically by going to the website of the local department or the official website of the Ministry of Internal Affairs. To do this, you need to register and go to a special section that accepts applications from citizens. Select the desired structural unit of the internal affairs bodies and fill out the form provided. It should include your own email address if you plan to receive a response from the department electronically.
By phone
The easiest way to report a crime is to dial a short number from any phone 102.
The duty station will accept the application and explain the procedure for further action. If a burglary occurs, police officers and criminologists will come to the scene of the crime to conduct examinations and interview the victims.
In addition, you can use the all-Russian hotline number of the Ministry of Internal Affairs 8 , which is available around the clock.
How to file a theft report to the police, sample
A report of theft to the police can be divided into 3 parts:
- The formal part is the “header” of the application, where the address of the police department and details of the official in whose name the document is drawn up are written. The formal part includes information about the applicant, his personal and contact information, the date of execution of the document, and the signature of the victim.
- The constructive part includes a description of the circumstances of the crime, details of what happened, information about the suspects, and a request to punish the perpetrators.
- Additional information . Separately, it is necessary to provide materials that can help the investigation, for example, footage of the alleged criminal from a home surveillance camera. Attach a list of witnesses in this case (if any) with contact phone numbers and residential addresses.
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Consumer Protection Lawyer
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The circumstances of the crime that occurred must be described in great detail, without emotional overtones. The information must be reliable, the applicant is warned of liability for giving false testimony.
Drawing up a refusal
During the investigation of a criminal case and trial, the victim, as well as his representative, have the right to file petitions, including to terminate the criminal case on various grounds.
The petition must be addressed to the person who is in charge of the criminal case at the time of filing the petition; either the name of the public authority or the full name should be indicated. and the position of the official.
In addition, the application must reflect:
- FULL NAME. and the procedural status of the applicant, as well as address and, preferably, telephone and email.
- Details of the case in which the petition is being submitted, full name. accused/suspect/defendant.
- The essence of the petition is the termination of a criminal case in connection with a certain reason: the absence of a crime - here it is advisable to draw up paragraph 1 of Part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, reconciliation of the parties - Art. 25 of the Code of Criminal Procedure of the Russian Federation and Art. 76 of the Criminal Code of the Russian Federation.
- Explanation: how the victim came to the conclusion that there was no event or how and under what conditions the parties came to reconciliation. In case of reconciliation, it is also necessary to indicate exactly how the perpetrator compensated for the damage caused.
- Date and signature of the applicant.
Algorithm for filing a theft report to the police
Depending on whether a citizen turns to the police for help, or the injured party is an organization, there are some differences in filing an application.
From an individual
A citizen who has suffered from the actions of thieves can report the crime by writing a statement to the police. You can do this without leaving your home, using the services of the Internet, telephone or Russian Post. But, it is best to draw up an appeal at the police department, where experienced law enforcement officers will tell you how to draw up the document correctly.
After sending the application, the addressee must wait for a response on the initiation of a criminal case, or on the refusal of such an action.
From a legal entity
The managers of a company whose property was stolen by attackers must, by order, appoint a responsible person who will represent the interests of the company during the investigation and trial.
A representative can act only on the basis of a power of attorney issued by a legal entity.
Otherwise, the procedure is no different from the rules for filing an application by an ordinary citizen.
What the victim needs to know
We have presented the basics of qualification in cases of theft of property of the owner in the most concise form and only for general information, since the victim does not necessarily need to understand these issues.
Let us repeat that the application does not have to contain qualifications. The application must contain information that will allow the investigation to conduct a qualification.
That is, in the application it is quite possible to write “My neighbor Mitya from apartment 5 robbed my apartment when my whole family was on vacation. I believe that this is my neighbor, since I heard from his drinking buddies that just during our vacation, the alcoholic Mitya had a plasma TV of the same brand that was stolen from me in his apartment.” Although it is clear from the text that a theft has occurred, the word “robbed” will not be considered an error.
Deadlines for consideration of applications
Police officers must consider an application for theft of property within 3 days from the date of registration of the document. During this period, a decision must be made to initiate criminal proceedings. But, for objective reasons, this period can be increased to 10-30 days. As a rule, this is done when it is necessary to collect additional information and evidence regarding this crime.
Law enforcement agencies must notify the applicant in writing within the time limits established by law about all changes relating to the current case.
Is it possible to withdraw a statement from the police?
If a theft complaint was registered at the police station, it will not be returned to the applicant. If a citizen for any reason (for example, if the criminal was a relative or acquaintance who repented of the offense and compensated for the damage) changes his mind about pressing charges, then he will have to write a written refusal . The document must justify the reason for the refusal and support it with specific data and arguments. Further events develop at the discretion of the investigator; he can, without regard to the refusal, continue the ongoing investigation.
The first thing a citizen should do when he discovers that his property is missing is to write a statement to the police. Most cases involving thefts are investigated without delay.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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Missing person
Everything is individual, so it is impossible to say exactly how long to wait under certain circumstances. Almost every situation has to be considered separately. Recently, more and more often, citizens are turning to the police with reports of missing loved ones or acquaintances. Typically the request is made on the 3rd day of the person's absence. Such statements are responded to very quickly.
Often the waiting period for action to begin is 1 day. But you shouldn’t really count on such a situation. As practice shows, the established waiting period is on average 3 days. This is how long you will have to wait to start searching for a person after reporting him missing.
