What happens if you take someone else’s bike but then return it?

Bicycle theft is a secret form of taking someone else's property, one of the most common illegal acts.

Don't miss the return deadlines - otherwise it will be too late. It is better to check the information with a specialist.

You can almost always return an item!
The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️)

In order for an act to be recognized as theft, it must satisfy the following criteria:

• it must be theft;
• such theft of a bicycle must be secret;
• when committing the act, violence or the threat of its use was not used (for example, threats to security guards);
• there was no authority to dispose of the item of theft.

Important!

if the theft is carried out openly, then this entails much more serious consequences - urgently consult with a lawyer

Important!

Theft can be recognized as both a crime and a misdemeanor

Having decided what Bicycle Theft is, you should find out for yourself what the amount of the theft was, more or less than 2,000 rubles.

Important!

How correctly the bike is assessed will determine the choice - criminal or administrative liability awaits a person for such theft, so be sure to consult a professional lawyer.

You can almost always return an item!
The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️)

You can do this using this link, or in the form on this site at the bottom right.

Qualifying features

The main, and so far the only qualifying feature, is the commission of this crime by an organized group.
In this case, the responsibility will be shared.

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Theft is the taking of property against the will of the owner or its transportation to another place. Unauthorized taking is an action that can only be performed if there is direct intent. It is important to understand the differences between theft and theft. In the first case, the goal of the criminals is to take possession of the vehicle, in the second - to sell it and get money for it.

Criminal liability may arise under two articles:

• Art. 158 of the Criminal Code of the Russian Federation;
• Art. 166 of the Criminal Code of the Russian Federation.

If the theft was committed by one person, the punishment is determined by Part 1 of Art. 166 of the Criminal Code of the Russian Federation and may provide for several options for the development of events. The offender may be fined up to 120,000 rubles. Restriction of freedom or imprisonment for up to 5 years is possible.

As for theft, the degree of punishment here is determined based on the value of the stolen property.

If petty theft has occurred, an administrative sanction may be applied. At the same time, the Code of Administrative Offenses of the Russian Federation specifies different sanctions for thefts of up to 1000 and up to 2500. If the damage does not exceed 1000 rubles, the attacker faces a fine of up to five times the value of the stolen property, but not less than 1000 rubles, arrest for up to 15 days or compulsory work for up to 50 hours.

If the damage ranged from 1,000 to 2,500 rubles, one of the following penalties will be imposed: a fine of up to five times the value of the stolen property, but not less than 3,000 rubles, arrest from 10 to 15 days, or compulsory labor for up to 120 hours.

Conclusion

Attempted theft is a crime that essentially repeats theft, but is not completed. Therefore, it involves the appointment of preventive measures in a reduced amount. The sought approach demonstrates compliance with the principle of proportionality of punishment to the act committed by the person. If you are suddenly unfoundedly accused of this crime, you should take care to protect yourself and assist law enforcement officials in establishing the true state of affairs.

Concept

The concept of bicycle theft implies the unauthorized taking of a vehicle and its transportation by mechanical or automatic means to another place.

Of course, unauthorized taking is expressed in an action, which, by the way, can only be committed if there is direct intent.

Of course, when studying the concept of bicycle theft, you need to understand what a bicycle is in principle.

A bicycle is a two-wheeled vehicle that is propelled by mechanical force, in this case by the legs.

That is, it is impossible to commit a crime of this kind through inaction. This is what legal theorists emphasize.

It is also worth remembering that the theft of a bicycle is the starting point, the line between a criminal offense of moderate gravity and a serious one.

It all depends on whether the president approves this bill and whether amendments will be made to the articles.

What happens when a bike is stolen?

Stealing a bicycle is certainly an offence.

But for some reason the legislator has not yet taken any steps to reflect such a crime in the code.

That is why, when discussing the issues of bicycle theft, it is worth turning to such articles of the Criminal Code as theft, robbery, or robbery.

Accordingly, this is Article 158 of the Criminal Code of the Russian Federation, 161 of the Criminal Code of the Russian Federation, and 162 of the Criminal Code of the Russian Federation.

It is these articles that regulate such an act as theft of property, because a bicycle, in its essence, in relation to its direct owner, is movable property that is direct property, which means it can be stolen, abducted and appropriated in other ways.

Now let's talk about theft in more detail. What is theft in principle as a crime{q}

This is an act that is committed secretly and this action represents the misappropriation of someone else's property.

To give an example, this is an invisible appropriation when the owner does not see or suspect that such an act is being committed.

Bicycle theft is the illegal appropriation of transport while it is out of sight of the owner, that is, secretly.

This can be done in the entrance, office, on the street or even from a living space.

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The article of theft is regulated in the Criminal Code in Article 158. It is in this article that not only the very essence of theft as a crime is revealed, but also the direct punishment for the crime is determined.

Theft

Who is a thief? {q} This is a person who systematically carries out thefts, that is, actions of appropriating someone else’s property.

Bicycle thief is not a very criminal title, but it prevents citizens from feeling confident leaving their property unattended for a moment.

A thief is, first of all, a criminal, who, as a rule, has previously been charged with similar charges.

What happens when a bicycle is stolen?

There is no doubt that stealing a bicycle is an offence. However, so far no steps have been taken at the legislative level to reflect this in the Criminal Code of the Russian Federation. Therefore, when considering the issue of the loss of a two-wheeler, you need to refer to the articles of the Criminal Code of the Russian Federation on theft, robbery or robbery - Art. Art. 158, 161 and 162 of the Criminal Code of the Russian Federation. They regulate issues of theft of property, and a bicycle is precisely movable property.

Let's look at this action in more detail. Theft itself is the secret and unlawful taking of property that belongs to another person. That is, the crime occurs without the knowledge of the owner. We are talking about appropriating a vehicle while the owner does not see, that is, secretly. This can happen on the street, in an office building or entrance, even in a residential building.

Since a bicycle is a fairly common form of transport, there are different types of its theft:

• from the bike rack;
• from the corridor;
• from the entrance.

All types of these crimes are quite common in the practice of the police and courts. It is worth noting that storing a bicycle in the entrance is not the best solution. Both residents of the house and criminals can enter any entrance, even a guarded entrance under video surveillance. Strollers, mopeds, bicycles and other movable property often disappear from there.

But these crimes are provoked by the owners themselves, who treat things negligently. Open theft of a vehicle is a different type of crime, which in most cases is classified as robbery. If the owner is injured, the act will be considered robbery. Therefore, you should not ride an expensive bicycle in dangerous areas and poorly lit streets.

How to collect evidence?

Traditionally, the search for evidence is the responsibility of the police, but what to do if the investigation is stalled and investigators are in no hurry to begin searching for missing property? You can significantly speed up the case if you try to collect as much information as possible about the circumstances of the bike theft

Law enforcement officers receive dozens of similar applications - there is no reason for them to pay increased attention to this particular crime

The best evidence in such cases is witness testimony and CCTV footage. The latter is not uncommon in hallways, and is one of the reasons why storing a bicycle and other personal items outside the apartment seems safe. Based on the image of the criminal on the camera, it is possible to create a composite photo and establish previously unknown circumstances of the crime.

A victim whose bicycle was stolen from the entrance can help the investigation by pointing out the presence of cameras in the house, but what to do if there is no video recording? Witness testimony is the oldest of the tools of evidence, which remains effective to this day. If several apartments are fenced with one common door, and the theft of a bicycle happened in a limited space, it makes sense to interview the neighbors - they might have seen the thief or heard exactly when it happened.

If the events were not recorded on film, people may find it difficult to pinpoint the exact time of the theft and may only remember the moment when their property was discovered missing, although the timing of the crime is of primary importance. The concierge is obliged to remember who passed by him, carrying a bicycle or heavy luggage - monitoring the situation and maintaining order in the entrance is his direct responsibility.

Corpus delicti

The object of this crime is property relations. They are the ones that are violated in the event of theft.

The objective side is understood as a certain kind of action, in our case – the unlawful taking of a two-wheeled vehicle.

The subjective side is expressed in motive and purpose. This is exactly what the criminal wanted when he committed the crime. That is, the crime can be considered targeted.

The subject of this crime is a person who has reached the age of sixteen and is fully sane and capable.

Punishment and responsibility

The object of such a crime is property relations. The objective side is a certain action, in our case the unlawful taking of a bicycle. The subjective side is the motive and goal. This is what the thief desires when committing the act. That is, theft is a targeted event. The subject can be a person over 16 years of age, fully capable and sane.

The punishment for this crime includes imprisonment. It is assigned if the amount stolen is more than 2,500 rubles. The attacker faces up to two years in prison, and with aggravating factors - up to 10 years.

The main right and at the same time the duty of the victim who has lost his bicycle is to contact the competent authorities. The first thing to do is call the police. It is quite possible that without delay, law enforcement officers will be able to detain the thief. You need to contact the district police department with an already written statement about the theft.

For this crime, liability is provided in the form of material compensation, that is, a fine, as well as imprisonment.

The fine may be in the amount of several wages and this is at the discretion of the court.

Stealing bicycles carries a prison sentence. As a rule, it can reach two years in prison. A colony is usually a general regime colony or a settlement.

Illegal entry into a home and subsequent theft of property

The criminal legislation of the Russian Federation does not include the concept of hacking. Therefore, housebreaking and subsequent theft will be considered as illegal entry into someone else's property. Moreover, the fact of such penetration will be proven if there are characteristic signs, in particular:

1. Damage to windows and doors;
2. Broken locks;
3. Deliberate disconnection of premises from the electrical network;
4. Disabling alarms and CCTV cameras.

Although a break-in aggravates the crime, in reality the volume of property stolen will be of greater importance. The more damage caused to the owner, the more serious the liability for the criminals. However, if the case refers to such a concept as hacking, this will automatically entail an increase in the term of imprisonment and a significant increase in monetary compensation.

Bicycle theft report

You can write a statement yourself, using a sample from the Internet, or to the police. The main thing is to provide information about the loss, about you as the owner of the vehicle, as well as information about the theft - how and under what circumstances it happened.

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It doesn’t matter who’s bike was stolen - a teenager or an adult, you need to contact the police as quickly as possible, and if the thief is found, he will be punished. A criminal sentence can be imposed for the theft of an item worth more than 2,500 rubles, so if your child’s bicycle was stolen and you want to punish the offender, you should not delay in reporting the crime.

If the offender is a minor, liability depends on his age. If a child has committed petty theft but has not reached fourteen years of age, his parents will face sanctions. Most often, adults are forced to pay a fine, the amount of which is determined depending on the type of act and its severity. If the parents manage to reconcile with the other party, damages can be paid.

It is very easy to report a stolen bicycle.

You can compose it yourself on a special form, or you can compose it at home on an A4 sheet.

The application must contain information about you, the bicycle, and the circumstances of its theft.

Where to call{q}

If your bike is stolen, you need to call the nearest police station.

Perhaps, without delay, they will be able to apprehend the criminal.

Where to contact{q}

You must also contact your local police department. You need to come there with a previously prepared application and declare your rights to the vehicle.

It’s good if you have a receipt for the purchase of a bicycle or at least a passport. If you do not have such documents, invite witnesses who will confirm the fact that you have a bicycle.

How to write{q}

Writing such a statement is quite simple if you have the necessary documents with you.

The police department will help you with drawing up such a statement.

Your main responsibility is to correctly list all the facts.

It’s not a fact that your security is not a janitor according to documents

There is a high probability that your security does not exist on paper and is not specified in any contract. The fact is that security activities require a special license. Obtaining it is not so easy: the Federal Service of the National Guard Troops of the Russian Federation has very high requirements for private security companies.

Collecting money for protection is pleasant and profitable. But applying for a license, taking special courses for managers of security companies, hiring only licensed security guards and ensuring that they work in accordance with the law on private detective and security activities is difficult and troublesome. Moreover, residents may demand compensation for damage if a bicycle or baby stroller is suddenly stolen from the entrance.

As a result, management companies do not mention in any agreement that they provide security services. Most likely, the person in a jacket with the inscription “security” who is sitting in your entrance is not listed as a security guard, but as a watchman or even a janitor. And, accordingly, he is not responsible for anything. And the police, who arrived at your complaint about the theft of a bicycle, may not have been able to use recordings from CCTV cameras, because the Criminal Code bought the cheapest equipment and the recording on it was of such quality that the residents of the house would not recognize themselves in it. I even came across a situation where images from video cameras were displayed on security monitors, and they saved money on the video recorder. In fact, no video recording was made.

In this case, recovery of damages from the management company is almost hopeless. But I recommend thinking about the effectiveness of such protection. Perhaps, instead of monthly payments, it is easier to completely abandon conditional security services. To do this, you will have to organize a general meeting of owners and review the terms of provision of these services.

You will have two options.

You can refuse such security services altogether. It won't get any worse: if the security is unable to ensure the safety of the bicycle, there is little hope for it. In a critical situation, it will most likely be useless.

Or you can revise the terms of the contract: stipulate responsibility for security guards, oblige the management company to obtain a license for security activities and provide services in accordance with the law, or engage a private security company for this. It may be more expensive, but security doesn't come cheap.

If the management company provides security services under a contract, you can demand compensation for damages from theft

Submit a pre-trial claim, and if refused, go to court. If the management company offers to sign a security agreement, pay attention to what exactly will be protected. If only common property is indicated, and not the property of residents, damage from residential theft cannot be compensated. If there is no protection agreement, it will be difficult to compensate for the damage.

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Bicycle theft from the entrance

If a bicycle is stolen from the entrance, you need to follow a certain algorithm:

• interview drivers of cars parked near the house, residents, and salespeople who work in stores nearby;
• if the entrance is under video surveillance, contact the security guard to see what the intruder looked like;
• Call the police.

It is unlikely that the thief will be identified. The attackers look like ordinary people; they do not stand out from the crowd. But bicycles have their own characteristics: color, tuning, noticeable defects, many small data that are specific to your vehicle.

After receiving information from witnesses to the theft, collect data from video recordings - they are evidence in court. Many entrances now have video surveillance, in addition, cameras are installed in offices, shops, entrances to bank buildings and administrative buildings. The only obstacle is the need to obtain the consent of the user or equipment owners. But this problem can be solved.

The outcome of the case depends on how actively you behave. In any case, you need to report it to the police, although this does not exclude your participation. You need to contact the police to legally record the fact of theft: if in the future the criminals resell your bicycle, you will need to prove that it is yours and is wanted.

You can post a report about a stolen bike on as many resources as possible. Distribute this information on social networks, ask friends and acquaintances for help in searching, talk about the problem on forums and specialized websites.

Be sure to indicate the special features of the bicycle, its color, model, and some features (for example, the presence of a grocery basket). Leave your contacts and, if desired, promise a financial reward for returning the vehicle safe and sound.

Independent actions

Many, after filing a statement with the police, sit back and wait for the result, but this is fundamentally wrong. Nowadays, when social networks and the Internet are tightly integrated into human life, it would be a big mistake not to use this resource. On social networks and simply on the Internet, there are specialized services for finding missing bicycles. Popular services are the sites “https://lostbike.ru” and “https://velorozisk.ru” - these are a kind of database of stolen bicycles. You just need to register on the site and enter the serial number and photo of your vehicle into the database; if there is a match or detection, you will be contacted and provided with the available information. There you can also find out about possible sales points.

Examples from judicial practice

Bicycle thefts occur in our country no less frequently than in Europe, where bicycles are the main method of transportation.

Case No. 1

An example of bicycle theft is an incident that occurred in Orel in 2012.

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The owner of the two-wheeler left his vehicle on the staircase, chaining the bicycle to the entrance grate.

But this did not stop the criminals from sawing off the metal chain and, while the owner lost his vigilance, leaving in an unknown direction.

Case No. 2

As for theft, another significant case occurred in Moscow.

In one of the forest parks, the attackers forcibly took away a bicycle from a couple walking in a remote area of ​​the capital and fled with it in an unknown direction.

All these examples are very indicative and teach owners of two-wheeled vehicles to be more careful, and also not to leave their property unattended, because this is fraught with various consequences that may not be very pleasant for your wallet and moral health.

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A typical case of bicycle theft occurred in Perm. Its owner left his vehicle in the entrance, on the staircase, tied with a chain to the bars. But the criminals cut down this chain and took away the vehicle. Thanks to the activity of the owner himself and the police, they were unable to complete their plan. The bicycle was found in a nearby garage, where it was about to be repainted. The robbers were fined 10,000 rubles.

A no less indicative case took place in Moscow. In a forest park, robbers took one of the vehicles from a couple who were walking with bicycles in one of the districts of the capital and disappeared. It was found on a for sale notice board. The police officers pretended to be buyers, arrived at the meeting and detained the criminals, who, as it turned out, were not the first to commit such theft. They were sent to prison for 3 months.