Today, the mobile phone is the main device in most people's lives. For many of us, the greatest value is not the smartphone itself, but the information stored in it. We are talking about phone numbers, photographs and videos. Therefore, when a mobile phone goes missing, many people ask to return it for a reward.
Phone theft at school is a fairly rare occurrence. Today, every child has a smartphone, and therefore such actions are more likely to be committed out of hooligan motives than out of envy and the desire to get an inaccessible item. Below we will talk about what to do if a phone is stolen at school, and how to bring a minor to justice.
Who is responsible for the lost item and why?
The responsibility of the wardrobe for things lies with a legal entity, namely the owner of this establishment, regardless of the form of ownership (Article 924 of the Civil Code of the Russian Federation).
The custodian accepts things temporarily and must do everything to ensure that they remain safe and sound.
Similarly, this provision applies to specially designated places in the organization, if in fact there is no room for a wardrobe (hangers in the hall, corridor, etc.).
Ensuring safety is:
- Circumstances that should protect stored items from loss, damage or theft.
- According to the totality of Art. 401 and 901 of the Civil Code of the Russian Federation, a legal entity (custodian) is responsible for the item and is obliged to compensate its value in the event of theft, damage due to malicious intent or by accident (flood, fire in the wardrobe).
Important! The exception when “the administration is not responsible” occurs in force majeure circumstances, but in this case the legal entity was obliged to create all conditions for the safety of things.
For example: an attack by armed robbers, but at the entrance there was a guard, a “panic button” and video cameras. It’s not the administration’s fault if the raiders disabled the security and broke the cameras.
Is it possible to negotiate peacefully?
According to the norms of criminal law, theft belongs to the category of crimes of general prosecution, that is, the victim cannot withdraw the statement after the guilty person is identified. Thus, if the police are involved, it will no longer be possible to resolve the conflict peacefully. But there are a number of measures that need to be taken by representatives of a child who decides to steal a phone. Namely:
- compensation for material damage (if the mobile phone was damaged or faulty) will avoid additional claims from the victim;
- signing a settlement agreement by a notary, which is a mitigating circumstance;
- collection of positive characteristics about the child.
Such cases will definitely go to court, but if there are mitigating circumstances and full compensation for the damage caused, the punishment will be the minimum possible.
The only way to reach a peaceful agreement is to identify the offender before the police are involved.
Possible reasons for theft and who is to blame.
The well-known phrase from the times of the USSR “The administration is not responsible for the belongings of visitors” has no legal force, even if there is a postscript below and a document number drawn up by the administration itself.
Internal regulations cannot contradict the Civil Code of the Russian Federation.
The legal entity is not considered responsible and is not obliged to reimburse the cost of the stolen item if the visitor could not prove that the item was lost during the period between putting it in the wardrobe and receiving it.
Also, you cannot make a claim to the employee/owner of a cafe, clinic, theater if the visitor leaves a wallet, documents or other valuables in the pockets of his outerwear.
The law applies only to what the cloakroom attendant sees; he has no right to inspect pockets.
Important! The visitor's property is accepted into the wardrobe "as is", the employee can only visually assess its appearance. All hidden contents are inaccessible to him; he has no right to conduct inspections and examinations.
The liability of a legal entity arises if, upon presentation of the number in the wardrobe, the visitor could not be given his item.
Should the school pay damages?
Based on the analysis of the above norms, we can conclude that the school is responsible for the loss of things that were stored in the wardrobe and must reimburse the cost of the lost property to the student’s legal representatives.
The educational institution will be released from this liability only if it is proven that all possible security measures were taken in the given situation, but they did not help keep the property intact. To search for missing items, the school principal must contact the police.
An item has disappeared from the wardrobe: what to do?
Is the wardrobe responsible for things, incl. for their replacement? Often the cloakroom staff are too lazy to get up or are absent, and visitors themselves enter the room and take their property.
But, often, not yours. In practice, there are many cases when a sheepskin coat was exchanged for an old coat, and a mink hat for a self-knitting cap.
If a visitor discovers a substitution, what actions should be taken on his part and who will be responsible for this?
When an item has disappeared from your wardrobe or someone else’s property is in its place, you need to:
- Contact the employee and notify him orally about the incident.
- If there is a refusal with a quote about “irresponsibility of the administration,” you need to ensure that the refusal is drawn up in writing with the employee’s full name, date and signature.
- Witnesses are brought into the incident and their contact information is obtained.
You cannot leave silently; it will be impossible to present anything further to the organization. They call the director (administrative officer) on the spot, file a claim indicating the fact of delivery of the item, a description of it, and briefly what happened.
If the claim is not accepted, the document is sent by registered mail with notification. The response must be given within 30 days.
If the item was not returned and the lost was not compensated, then you can safely go to court with a claim against the organization demanding compensation for damage.
Trial.
The plaintiff must provide evidence to the court that this item was in his wardrobe. To do this, witnesses may be involved, receipts from the store, photos, videos showing the plaintiff in a coat, hat or boots may be provided.
Provide a written refusal to the administration of the establishment; you can use an audio recording of the conversation. The more facts are collected from the victim, the better.
Often the manager prefers not to bring the case to court, but reimburses the cost of the lost item.
Consumer protection: hotline.
What should you do if your child’s phone is stolen at school?
Theft of a personal mobile phone is always unexpected. No matter what precautions are taken, there is always a risk of becoming a victim of illegal activities. As for educational institutions, children have not yet developed a fear of the law enforcement structure, and also do not have a clear understanding of material values. Therefore, such crimes are not associated with the purpose of profit, but, most likely, with the desire to get what belongs to another classmate. Based on this, you need to plan your actions, and not be inactive.
Parents, upon learning that their child has had a theft at school, must take the following priority actions:
- a call to the class teacher, who, in turn, must organize a meeting of all children in the class for a peaceful conversation;
- informing the mobile operator about the crime that has occurred and generating an application to block the SIM card, which will avoid unauthorized use of funds from the balance;
- contacting the police department that serves the area where the educational institution is located (it is better if a telephone call is made and a task force is called).
Next, parents must go to school, where the teacher has already notified other parents that the phone was stolen. Depending on the time when the loss was discovered, all students may be gathered to talk with the victims. But if it is already late, then it is prohibited to detain children. If students need to be sent home, it is advisable for the teacher to talk to the students and ask them to return the mobile phone, telling them about the possible legal consequences.
Important! Inspection of students' personal belongings is allowed. But you cannot conduct an independent inspection. Students must retrieve their own things and put them back. Also, every minor, like his parents, can refuse to undergo the procedure.
Theft at school
If you want to show off so that other children will be jealous, you can get it. You have to pay for everything in this world.
But the son learned a lesson when showing off is appropriate, and when it is possible to be more modest.
The school is not responsible for theft by students and teachers.
With a very high probability no one will return or find anything. But let this incident be a lesson to the Author and others like him for whom show-off is important. I decided to add. Now my son is studying at a faculty where there are simply no beggars or those who are not particularly wealthy. Books and other materials cost a very decent amount every month (about half the average salary in the country). And no one is interested in the financial situation of students: if you go to this department, you are obliged to buy.
And here's what's interesting. Students, children of very wealthy parents, do not stand out from the crowd at all (although many can afford it). Responsibility for the theft of electricity in the Russian Federation in 2022? Unless at this faculty they study very seriously, so as not to drop out and not lose what they have already invested. From my own experience. My eldest also wanted a cool device, well, supposedly everyone at school wears it like that, it’s no worse than others. OK, I bought him what he needed.
In the second week, this device left for physical education from the SAFE for expensive things (these are locker rooms in Russia, there are still safes here). The police found the thief. I suggested that my son not wear an expensive device to school (not to tempt fate), but he resisted and again did not agree to a cheap one. In general, a month later, on the second attempt, the device left the same safe completely and irrevocably; both the police and the school management were powerless.
Statement to the police about theft of property (sample)
The police deal with issues related to thefts. You can contact any branch. To speed up the consideration of applications from individuals, it is recommended to submit the paper to an institution in the area of the incident. The police must consider a citizen’s appeal within 3 days.
After this, a search case is opened. If for any reason the procedure cannot be completed, a refusal will be issued. At the same time, the applicant is informed why the proceedings cannot be carried out.
It is a theft if the following conditions are met:
The amount of damage caused does not affect the determination of criminal intent.
The action can be qualified under various parts of Article 158 of the Criminal Code of the Russian Federation.
- information about the place, time and facts of what happened;
- data about the device, subscriber and operator number;
- The application is supplemented by a cash receipt and factory packaging, if it is preserved.
It is necessary to try to reconstruct the picture of the incident as accurately as possible. When searching for criminals, every fact becomes important. Their punishment depends on the nature of the incident.
So, it is important to find out the number of intruders, possession of weapons, the fact of entry into private territory or threats from them. When contacting the police with an initial complaint about theft, there is no need to raise the question of compensation for moral damage. The process is carried out by the consequence. The action is carried out at the time the situation is considered by the court. If you still haven’t found a solution, contact a lawyer for advice using the form on the right, or by calling the phone number listed below!
At the end of the application, write that you are aware of the responsibility for providing untrue testimony in accordance with Article 306 of the Criminal Code of Russia. The presence of this phrase gives confidence that the document will be accepted and reviewed by the police as soon as possible. Sign under the finished text, decipher your last name in brackets and sign the initials, the date of execution of the application. Sample application to the passport office about passport theft? Author's addition from 02.20.10 18:13:12 In the evening I arrived at school but didn’t find anyone.
No responsibility
At our school, we have drawn up a clear schedule of which teachers should be on duty during which breaks,” says Galina Keleinikova, director of Moscow school No. 1192. “They pay attention not only to corridors and staircases, but also to toilets. The fact is that about five years ago it was discovered that the school toilet was the most “evil,” so to speak, place: the main school fights took place there. But since visits from the duty teacher or administrator became regular, the situation has returned to normal.
Usually, in response to such questions, education officials quote the capital’s mayor: “Moscow is a peacefully warring city.”
And they explain: after terrorist attacks began to occur, schools turned into closed areas. Parents may come inside, but must call the teacher or principal in advance to do so.
But since, by order of the head of the capital’s education department, a new position was introduced in schools, less than a thousand people have completed the corresponding training (it is organized on the basis of the Moscow Institute of Open Education). - If parents are not too lazy to go to the police station and write a statement about theft, robbery or robbery (this is when criminals approached, hit and took away property), we will come to the school and conduct an investigation: we will talk with schoolchildren and staff, find out who was where at the time the crime occurred... Any theft can be investigated and the perpetrators punished, explains Vladimir Ogorodnikov. But in Novosibirsk schools there is no access system: “After the tragedy in Beslan,” explains the Novosibirsk Department of Education, “for some time we limited parents’ attendance at schools.
But today any mother or father has the right to freely visit any teacher. In extreme cases, if a visitor instills mistrust in the guards, a private security company employee will escort him to the desired office.”
Safety of students’ property, prevention of loss, theft and damage to property”
Safety of students’ property, prevention of loss, theft and damage to property.”
For harm caused to a minor under fourteen years of age (minor), his parents (adoptive parents) or guardians are responsible, unless they prove that the harm did not arise through their fault (Clause 1, Article 107 of the Civil Code of the Russian Federation).
- parents need to conduct explanatory conversations with children as often as possible about the safety rules for using expensive things in public and crowded places. - in public places, do not show the cell phone you have with you; - do not give your cell phones to anyone, even classmates ;
