What to do if property is stolen from a car

There are a huge number of situations when people lose their property in a car. Such crimes are recorded daily and number in the thousands. But quite a large number of thefts go unattended because the victims do not contact law enforcement agencies.

Theft from cars is extremely common. This is a serious problem that motorists themselves must combat.

To prevent such an incident, you need to carefully study the behavior of attackers, identify the most vulnerable things, take into account the moments when they can guard you and wait until access to personal valuables opens.

The situation with statistics

In fact, statistics regarding theft from cars are very difficult to collect. This is largely due to the fact that the victims themselves do not seek help, do not write statements to law enforcement agencies, and let everything take its course.

Also, such thefts are not considered a separate type of criminal activity. They are part of the so-called street crimes, or are classified according to other principles. Much depends on what was stolen, how much the stolen property is valued at, and whether anyone was harmed during the commission of the crime.

Theft from motor vehicles is divided into 2 categories:

• Theft. This is the process of removing any property or valuables from a car, which takes place without the presence of witnesses;
• Robbery. This is a slightly different version of theft, in which a person noticed the criminal, but was unable to influence him or stop him in any way.

The main thing is not to confuse robbery with robbery, when the attacker uses physical force or some type of weapon against the victim.

Background to the consideration of the complaint by the Supreme Court

photo: Unsplash

Thus, a certain citizen, who was accused of theft and sentenced to 3 years in prison, was detained directly at the scene of the crime by law enforcement officers.

However, as usual, the citizen caught red-handed claimed that he did not intend to steal the unlocked cars, but only wanted to bask in them (one of the common explanations of car thieves in the cold season).
But the evidence told a completely different story, as eyewitnesses and even police testified. see also

If the car is stolen along with its documents, the insurance company may not pay for the damage under CASCO.
The attacker opened two cars at once. The result of Polev’s short-lived activity was two cars with twisted locks and gutted wires, detention by the police and a criminal record.

But the conclusions from the cassation appeal filed with the Supreme Court can be drawn deeper than a statement of the fact that the punishment for the attempted theft was imposed fairly (this is the opinion of the Supreme Court, based on the study of the case materials).

How, strictly speaking, are the differences between unlawful taking of a vehicle without the intent of theft and theft, and why are these two articles enshrined in the Criminal Code?

Choice of time and place

In order to steal any property from cars, attackers do not always specifically choose the time and even the place. Sometimes the theft of automobile property located in the passenger compartment or trunk occurs completely spontaneously when the thief comes across a good moment that allows him to quickly steal something and escape from the place.

But there are also planned, well-thought-out thefts, in which the situation is assessed in advance and the optimal place and time are selected. Thieves prefer to target places where people leave their cars for a while. Therefore, most often crimes are committed in parking lots, courtyards, alleys, parking lots, etc.

As experts note, thefts most often occur at gas stations and near shopping centers in large parking areas. It's safe to say that criminals try to choose places where there are many distractions for the driver. This is where he loses his vigilance and gets distracted by something, as a result of which he leaves personal things without proper attention. Surprisingly, a thief sometimes only needs a few seconds to commit a theft, which the victim may not notice in the near future until he needs the stolen item.

When choosing gas stations, it is not the timing that plays a big role, but the ability to quickly escape. The main thing here is the presence of a clear road without traffic and traffic jams when leaving the gas station. Otherwise, criminals may be noticed and quickly detained.

Summary statistics show that near supermarkets and shopping centers, thefts most often occur during periods of greatest consumer activity. If we talk about the time of day, then it is late in the evening, after work. There are a lot of people in the stores, all tired after work, and their attention is scattered. And if you take into account the time of year, the days before major holidays are considered the most profitable for thieves. During this period they are most active.

How is the degree of attempt on life during theft determined?

How dangerous the violence was, the threat to the life and health of the victim, is determined by a forensic medical examination. The final decision is made by the court. As a rule, we are talking about minor harm, which means infliction of physical and psychological pain, confinement and other methods of influence that did not lead to short-term health problems.

Violence can be used against the owner, his relatives and even random witnesses. Mental violence consists of banal intimidation.

Objects

The more attractive things you have in the car, the higher the likelihood of your car being stolen. Therefore, it would not hurt to find out what exactly criminals react to most often, and what objects they are most inclined to.

It is fair to say that the most common objects targeted by thieves are purses and bags. It is in them that people usually keep documents, credit cards, wallets with money, phones and much more. All this costs a lot of money on the black market and can be used in the future for the purpose of obtaining ransom, blackmail, or even issuing loans in someone else’s name. Criminals can use documents, cards and phones in different ways.

The next most popular are electronic gadgets such as smartphones, tablets, cameras and laptops. But the likelihood that a thief from a car will want to steal clothes or some purchases from a grocery store is very small.

Considering the large number of thefts, recently people have learned not to leave expensive things, equipment and gadgets in their cars. And car thieves themselves do not risk opening the car for the sake of a radio.

Criminals are not particularly interested in documents themselves. It’s just that they often end up with other things in the same purse or handbag. It depends on the specific criminal. One will simply throw away the documents around the nearest corner so as not to have to deal with them. And the other will try to demand a ransom. But this is a rather risky undertaking, because only professionals and very confident attackers undertake conscious blackmail.

How is the amount of damage determined?

The amount of damage is determined depending on the results of an expert assessment of the value of the car at the time of theft. How this is done is a subject for a separate discussion.

In accordance with our legislation, damage from 250 thousand rubles is considered major, and especially large – from 1 million.

In other words, if the car is valued at less than a quarter of a million, it is still possible to reach an agreement with the owner, but if it is more, it is unlikely. Vehicle owners need to know that lost profits and other indirect losses are not taken into account in court. For the intentional destruction of someone else's property, liability is provided for in Article 167 of the Criminal Code.

Methods used

Theft can be accomplished in several different ways. The following are the most common options:

• Breaking glass and taking away valuables. The most simple and primitive method, where the basis is the high speed of actions performed and the effect of surprise;
• Using a scanner. These are special devices that are available to experienced and professional thieves. With their help, you can open the lock without damaging it and without triggering the alarm system;
• When a group of 2 or more people is operating, a whole scheme can be used in which one acts as a distraction while the others steal things. In this case, together with Article 158 (theft), Article 161 (robbery) or 162 (robbery) is applied;
• Screwdrivers and other tools. Also quite a barbaric method of car hacking. Moreover, criminals do not always pursue the goal of stealing a car. Sometimes they are only interested in the content.

Each method is used very actively and often. It cannot be said that cars are opened with a scanner more regularly than simply breaking down doors or breaking windows. It all depends on the specific circumstances and the attacker himself, as well as the chosen victim and his car.

What is the difference between car theft and theft?

The difference between vehicle theft and theft or other type of theft is that in the first case, the criminal who has taken possession of someone else’s car has no intention of appropriating it, and in the second, his goal is precisely the appropriation (theft) of the vehicle, that is, the unlawful taking of property in for personal gain, for example, for one’s own use or resale to another person.

Therefore, car theft for the purpose of theft will not be qualified under Art. 166 of the Criminal Code of the Russian Federation, and according to another, for example, under Art. 158 (theft), 161 (robbery) or 162 (robbery).

What to do in case of theft

This is the first time someone has encountered the loss of property from a car, while others have already experienced similar situations before.

It is important to understand how to act and what to do first.

First you need to consider the circumstances under which this happened:

• the loss was discovered after the fact;
• the crime was committed in front of the motorist.

Each situation requires separate consideration.

First situation

Here it is assumed that the theft occurs directly in front of the driver. He sees how the attacker is trying to remove some part, get inside the car and pull something out. Here you need to proceed as follows:

• close windows and doors, as the criminal may have a weapon;
• do not get out of the car until the attacker leaves;
• at the same time allow the police;
• if you lose control of the situation, it is better not to threaten or try to provide physical resistance;
• try to remember the signs and characteristics of the criminal for further description of them in the statement.

Think first of all about your own safety and your life. There is no need to show heroism where it is not necessary.

Second situation

This applies to cases where the loss from a car is discovered after the fact. Here experts give the following advice:

• do not get into a car if there are signs of breaking and entering;
• contact the police, describe the situation;
• wait for the order to arrive;
• while they are driving, inspect the car and determine what exactly was stolen;
• when filling out the protocol, indicate the name of all things that were not in the car;
• If you have insurance, call the company or your agent directly after contacting the police.

By getting into the car, you risk damaging evidence and depriving law enforcement of the ability to identify the criminal. So first it is better to wait for their arrival and then follow the instructions.

Personal and other people's property

There are fewer and fewer situations where a radio has been stolen from a car. Most often, criminals try to take possession of more valuable personal items. In this regard, criminals mainly steal a bag, purse or purse from a car. And if your personal belongings are stolen from you, you need to contact law enforcement agencies by phone or go to the nearest branch. Now act according to the situation.

There are also situations when the crime involves the theft of someone else's property. That is, the theft occurred from your car, but another person’s belongings were damaged.

Here the actions will be almost the same as in the case of theft of personal belongings. You will need to contact law enforcement agencies and write a statement. But when submitting it, do not take a special receipt confirming the fact that your application has been registered. Or you can ask to leave a signature along with the date and time on the second copy of the application, which must be given to the applicant.

At the same time, call the person whose property was stolen. Notify him about what happened, ask him to describe in detail everything that was stolen. The driver himself might not know this, since he was transporting things in a box or bag. And, accordingly, I didn’t look inside.

Wipers, wheels, mirrors, etc.

Regardless of what exactly the theft was committed, in any situation it is recommended to contact the police department, or call them by phone, asking them to send a squad.

The application should be written directly to the head of the unit. In this case, you can fill out the application in free form. But do not forget to indicate that we are talking about an offense under Article 158 of the current criminal code, that is, theft.

Attempted car theft

As mentioned above, theft is considered a completed crime from the moment the vehicle begins to move or moves from the place where it was located. If the attacker was unable or did not have time to do this, then this will be regarded as an attempted car theft, that is, an unfinished, but still a crime. For example, if attackers got into a car and tried to steal the car, but were unable to start the engine. An attempt to steal a car, including by minors, will be qualified by the court under Art. 166 of the Criminal Code of the Russian Federation, and the punishment was imposed taking into account the circumstances of the crime.

Possible punishment

In the case of theft from a car, the classification of the crime considers it as theft, that is, here we rely on Article 158 of the Criminal Code. What is being considered here is not theft specifically from a car, but the offense itself that falls under this definition. There is no separate article.

In many ways, the preventive measure depends on how much the stolen property is valued. If its value is less than 250 thousand rubles, the following sanctions apply:

• Money penalty. Its size does not exceed 80 thousand rubles. Either this is an amount equal to the income of the accused received over the period of the last 6 months;
• Correctional types of work. Here it is possible to apply up to 1 year of work, or no more than 360 hours of mandatory work;
• Restriction of freedom. The maximum period is 2 years;
• Arrest. In case of theft, the accused may be under arrest for no more than 4 months;
• For such a crime one is deprived of freedom for up to 2 years.

But the punishment becomes much more serious and can be qualified under other articles; the amount of damage caused exceeds 250 thousand rubles, and there are also some other aggravating circumstances.

Legislation

Car theft under Article 166 of the Criminal Code of the Russian Federation refers to crimes against property along with theft, fraud, robbery, robbery and other crimes (Chapter 21 of the Criminal Code of the Russian Federation). The corpus delicti under Art. 166 occurs when the following conditions are simultaneously met:

• unlawful conscious possession of a vehicle, that is, without the consent of its legal owner (driver);
• The hijacker’s goal is to drive a vehicle (move the vehicle) without the intention of appropriating it in whole or in parts.

Theft is a complete crime from the moment the vehicle begins to move or moves from the place where it was located (clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 No. 25).

Anti-theft measures

If you don’t want to become a victim of car thieves and criminals who want to steal something from your car, just follow a few rules and adhere to some recommendations.

1. Train yourself not to leave anything valuable or similar to valuables in the car. That is, it is better to take bags, personal belongings, electronic gadgets, phones and other similar items with you, or not to carry them in the car at all. Some people believe that if your bag or wallet is empty, you can leave it in the car, because there’s nothing there anyway. But the attacker does not know about this, so he will try to pick the lock or break the window. And these are extra repair costs.
2. Make sure doors are closed when you leave. Do not think that all thefts are planned, and the thieves wait a long time, trying to open the car for about an hour. Many people work relying on speed and the effect of surprise. It is not surprising that motorists often lose their belongings in a couple of minutes when they go to buy cigarettes, pay for gasoline at a gas station, or close the garage.
3. Choose outdoor parking spots that are easily visible. It is ideal to leave the car where the range of surveillance cameras falls.
4. When leaving the car, hide all potentially valuable items from prying eyes. These include tablets, navigators, radar detectors, video recorders, etc. Hide them under the seats, put them in the glove compartment, or simply cover them with a bag and place the device on the seat. The main thing here is that valuables do not catch the eye of criminals. It is unlikely that they will try to open a car, relying on luck or hoping that under some old bag they will suddenly find a tablet worth 100 thousand rubles or a wad of money.
5. Use an alarm. Moreover, it is better to install a fairly complex and multi-component security system. Not necessarily the most expensive.
6. Monitor the situation. Thieves often go unnoticed because they try to behave as inconspicuously as possible. But anyone who stops near a car, supposedly looking for something, or diverts your attention in every possible way should arouse suspicion.
7. Be vigilant at gas stations. When attempting to commit thefts at gas stations, thieves always follow the same pattern. She simply has no alternative. They leave their car in such a way that they can leave the gas station as quickly as possible. At the same time, the engine is running and there is someone behind the wheel.
8. Don't show that you have money or any expensive items. There is no need to ostentatiously count them, brag about your purchases, or carefully examine items purchased in elite boutiques. This will attract the attention of intruders. Even if you then remove the money or put away expensive items in a supposedly inconspicuous place, thieves will already know that there is something to profit from in the car.

No one can completely protect themselves from such situations. Attackers are coming up with new schemes and methods of deception, distracting the driver’s attention and methods of undetected entry into a car.

But if you follow all the above rules, you are unlikely to become an easy prey for criminals. They will prefer to bypass your car and look for easier prey.

Ways to steal from a car

Persons engaged in such activities may use several methods of theft from cars:

• breaking windows and taking away valuables - this is the simplest and most primitive way;
• use a scanner to open doors. The device hacks the car alarm and allows you to get inside;
• if the attacker does not act alone, the group can enact an entire scheme. When you need to lure the owner out of the car, one distracts the driver, and the other steals property. This crime can be reclassified under Art. 161 of the Criminal Code of the Russian Federation - robbery, if the owner of the car reveals the scheme, notices that he is being robbed, and tries to stop the attackers, or at Art. 162 of the Criminal Code of the Russian Federation - robbery, if criminals use force against the owner of the car;
• pick locks with a screwdriver.

How to report a theft, where to call

As soon as it becomes known that the car is missing, the owner must immediately notify the police so that employees can begin a search as quickly as possible. In addition, the police must verbally record the fact of the crime and do not necessarily have to come. It is necessary to provide the registration number, model, color of the car.

Next, the owner of the car must come to the police station and write a report of theft. Employees are required to inspect the crime scene and draw up a report.

In addition, the owner must confirm with documents his right to this car.

Statement to the police about car theft, sample

You can write a statement about the theft of a vehicle yourself and in advance, or you can follow a sample from the police.

To the head of the 17th police department of the Ministry of Internal Affairs

Sovetsky district in Novosibirsk

From full name, registration address,

address of the actual residence,

telephone for communication

Statement

I ask you to prosecute an unknown person or name the person (if known) who, on 01/07/2022, in the period from 22.00 to 6.00, stole my car (make, color, license plate, year of manufacture, VIN, body number, chassis, engine) from its place parking at: (exact address). The cost of the car is 100,000 (One million) rubles, which for me is a significant loss.

Warned of liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation signature / transcript /

The application was written by me personally.

01/08/2022 personal signature /Last name First name Patronymic/

The statement must indicate all that is important for the further investigation of the crime.

The investigator may ask for a car key, but must give a receipt in return. In addition, the investigators will provide a number through which the applicant will have access to the case and will be able to independently monitor its progress.

We recommend writing a statement using the template provided at your police station.