How to write a report about a missing phone to the police?

Features of the crime

Theft is the secret gratuitous alienation of property in favor of a criminal or a third party. If we are talking about a phone, then it can be confiscated from the victim in various ways, which falls under several articles of the Criminal Code (CC) of the Russian Federation.

The theft of a mobile device is a secret theft of property carried out unnoticed by the victim. Sign: causing significant damage to the person.

Attention: the subtleties of the procedure for solving a criminal offense are given in Article 144 of the Criminal Procedure Code (CPC) of the Russian Federation. In particular, the text indicates that the investigation is carried out by a territorial unit. Article 144 of the Criminal Procedure Code of the Russian Federation “Procedure for considering a report of a crime”

Who and when to apply

According to Art.
141 of the Code of Criminal Procedure, the victim must inform the police about the crime. The competence of this particular element of the law enforcement system includes the work of solving thefts. Moreover, the statement of the robbed person is the basis for starting criminal proceedings. No one will pursue the criminal without a complaint. Attention: not only the victim, but any other person can report a crime:

• physical;
• legal through the manager or founder;
• official;
• representative of a public organization and others.

Article 141 of the Criminal Procedure Code of the Russian Federation “Statement of a crime”

Deadlines

A citizen can inform law enforcement officers about the theft at any time. There are no legal grounds for refusing to accept an application. Even if the phone was taken by a thief several years ago, the appeal must be accepted and considered.
True, most likely, it will not be possible to find it due to the impossibility of collecting information. The procedure for handling complaints to the police is described in Art. 144 Code of Criminal Procedure. The deadlines in the text are as follows:

• three days are given to operatives to make a decision on initiating criminal proceedings;
• two more months to maintain it;
• The investigation may be extended by one month by the head of the department by order if there are grounds.

Important: if the appeal is transferred from the registered department to the precinct on a territorial basis, then the deadline is counted from the beginning (the case is delayed). Therefore, it is important to contact the Ministry of Internal Affairs unit located near the scene of the incident.

Can they refuse?

Police officers are prohibited from refusing to accept applications from citizens. That is, the duty officers are required to register any information. In the first paragraph of Art. 141 of the Code of Criminal Procedure states that a person can contact law enforcement officers:

• in writing;
• orally.

Hint: do not initiate criminal cases based solely on information provided anonymously.
This is registered and transferred to operatives for use in their work. In case of illegal refusal to register information, it is necessary to complain about the actions of the duty officers. To do this, the citizen must immediately go to the prosecutor's office. On the spot, a complaint is drawn up in two copies describing what happened:

• one remains to work in the prosecutor's office;
• the second one contains registration data (number and date of reception), it is transferred to the applicant.

Phone theft tips and statistics

The most active work to find a phone is usually carried out only for one month, so constantly inquire about the progress of the case, call the police and find out how the case is progressing. Check with your mobile operator to see if the device is online, and if not, ask to be notified when it is connected.

Not the last option would be to go to the markets near the crime scene where phones are sold, and perhaps you will find your device on the counter of a store and, with the help of the police, return it.

If your searches do not bring results within a month, you should leave your device data on special sites that store databases of stolen phones, which buyers often check with to make sure that they are not stolen.

If the new owner of the stolen item is found, but he claims that he purchased this device, he must provide documents confirming him as the owner.

If the documents were provided, the device will be left to him, and the seller who sold the device to this person will have to compensate you for the damage.

If no documents are presented, the phone is confiscated and returned to you.

Mobile thefts statistically lead the total number of crimes committed daily, and these numbers are constantly growing. The table shows approximate data on the commission of such offenses in different cities:

Losing a mobile phone is a stressful and very unpleasant situation. Photos, documents and other data stored on the device are lost along with it, and damage is caused, including moral damage. Quick and thoughtful actions, taking into account the recommendations in this article, can greatly help in trying to return the mobile device back into the hands of the owner.

Features of contacting the police

Law enforcement officers are required to fully follow the prescribed procedure. This means putting forward certain requirements to the applicant. They must be fulfilled. These include:

• disclosure of personal data (otherwise the application will be anonymous);
• familiarization with the norms of current legislation against signature;
• execution of procedural features.

The reason for opening criminal proceedings is an official statement of any authorized person. In order for a citizen to be identified, he must provide the following information:

• Full name;
• place and date of birth;
• registration and residence address (if they are different);
• contact phone number.

The above information is entered in the header of the document. In addition, the message begins by indicating the addressee:

• full name of the department of the Ministry of Internal Affairs;
• position, rank, surname and initials of the chief.

Citizens rarely know who runs the site. Therefore, information can be obtained from the duty officer. But even if they are absent, the application will be accepted and processed.

Is it possible to withdraw a submitted application?

The law does not describe a rule allowing the withdrawal of information about a crime. If a person decides to drop the case of the theft of a mobile device, then there are two options:

1. Write a letter stating that the initial message was sent in error. No one stole the phone; it was found or lost due to the fault of the victim;
2. Reconcile with the kidnapper and notify law enforcement officers. Such a message is the basis for closing criminal proceedings.

Hint: reconciliation with the offender is possible during the trial.

Why is it impossible to pick up the document?

First, let's figure out why it is impossible to pick up the document. A statement is an official appeal from a citizen to government agencies, in this case to the police, in which information about any unlawful event is presented in writing. According to the law, this document is subject to mandatory registration at the time of filing, with further consideration and the adoption of an appropriate decision. This appeal is a report of a crime or incident that requires further investigation and one of the decisions:

• that a criminal case may be initiated;
• about refusal to open it;
• about transfer by process or to court.

Also read: What is the International Criminal Court in The Hague: what cases does it consider?

Since the Code of Criminal Procedure of the Russian Federation establishes only such a decision, others automatically become a violation, therefore, law enforcement officers will not be able to agree to this.

If you filed a statement with the police, then regardless of the reason for your decision, no one will give it back, because The law clearly provides for the procedure for working with this document.

What awaits a caught thief?

Punishments for theft are described in Article 158 of the Criminal Code (CC) of the Russian Federation. If the crime does not have qualifying characteristics, then the thief can be punished as follows:

• a fine of up to RUB 80,000.0;
• compulsory work up to 360 hours;
• correctional - up to a year;
• forced - up to two years;
• arrest for four months;
• imprisonment or restriction of freedom for up to two years.

For information: the maximum punishment for theft is imprisonment for a period of up to ten years and a fine of up to a million rubles. This is due for acts committed:

• organized group;
• in a particularly large amount (from 1 million rubles).

The found phone will be returned to the owner. If it is lost irretrievably, the victim can file a civil claim for compensation for damage as part of the judicial review of the theft case.

Download for viewing and printing:

Article 158 of the Criminal Code of the Russian Federation “Theft”

Video about Article 158 of the Criminal Code of the Russian Federation

How not to buy a stolen mobile device

Another danger for citizens is associated with the issue of phone theft.
Criminals steal devices not for themselves, but for sale. If the purchased device turns out to be stolen, it will be confiscated. Consequently, the funds will be lost forever. It is almost impossible to collect them from the criminal. In order not to suffer from acquiring stolen goods, you need to do the following:

1. A previously used phone should be checked before purchase. To do this, identification is carried out by IMEI - a unique individual code of the device;
2. You can find the number near the barcode (below). Another option is to dial the combination *#06#, the number will appear on the screen;
3. Find a website on the Internet that contains an IMEI database;
4. Enter the number in the search bar and press start. If the answer is no, then the device has never been stolen.

Hint: the above operation must be done before giving funds to the seller of a used phone.

iPhone theft

If your modern smartphone has been stolen, then the task of finding its location may be simplified. Modern smartphone manufacturers have a function to find the location of the device and control it remotely, using a special website or program.

Also, this functionality is provided by third-party software - specialized applications. This function allows you to view the route along which the attacker moved with the smartphone, what actions he performed, and, among other things, allows you to delete all data from the device.

The device can be blocked, or made to make sounds endlessly, which will definitely make the search easier if you are nearby. This is the first thing to do if an iPhone or smartphone with modern Android and Windows Phone operating systems is stolen.

However, the use of all these functions is possible only if the phone has been authorized in the account of the operating system manufacturer and is in the turned on state.

Moreover, if the criminal knows about this, he can quickly reflash the device or even change the IMEI code, then it will be impossible to find the device using these methods.

Theft prevention

To avoid becoming a victim of theft, the owner of a mobile phone must independently take preventive steps. They are:

• do not hand over the device to strangers who request an urgent connection for any reason;
• at night it is better to switch the mechanism to vibration mode so that the sounds do not attract thieves and robbers;
• in public transport it is better to put the phone in the inner pockets of a bag or clothing;
• do not leave the device unattended in cafes, bars, restaurants;
• hide away while shopping;
• conduct preventive conversations on this issue with minors.

For information: responsibility for theft begins at the age of 14.
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Detain yourself

So, a person’s mobile phone was stolen, what should the latter do in such a situation if the act occurred in a crowded place, but the thief still went unnoticed?

You can try to find the device yourself. Moreover, sometimes it happens that the attacker does not immediately turn off the phone and reset the SIM card. In this case, the chances of a search increase. Therefore, as soon as a person sees his phone missing, he needs to immediately ask one of the people to dial his SIM card number. It is possible that the mobile device has already been thrown away due to its low value, and it lies somewhere nearby. Although this is currently unlikely.