Algorithm of actions for theft of cell phones for children and parents

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.

What to do if your mobile phone is stolen

Even the most vigilant user is not immune from smartphone theft. Children and teenagers often do not pay special attention to their belongings. They often carry their phones in the back pocket of their jeans, leave it on the table, etc. And the child is unlikely to think that his mobile phone could be stolen by a classmate.

However, if the device is stolen, the child's parents should do the following:

  1. Call the class teacher. He should be asked to organize a meeting of students to clarify the circumstances of the theft. It is important to have a peaceful conversation with the children - perhaps the young attacker will want to voluntarily confess to what he has done and return the phone.
  2. Contact your mobile operator and ask them to block your SIM card. Such actions will allow you to save money in your account, preventing the thief from making calls.
  3. Contact law enforcement agencies. It is best to call the police and call a task force to the school.

After completing the above steps, parents should visit the school in person and find out the circumstances surrounding the theft of the smartphone. By this time, the teacher should have a conversation with the children. He is obliged to explain to them the consequences of the theft, offering to return the device voluntarily. The teacher should also call the students’ parents to notify them of what happened.

If a loss is discovered at the end of the school day, the class teacher does not have the right to detain children after school. In this case, they should be gathered during the day for a conversation.

Searching students' personal belongings is permitted only with their consent. If a child refuses such a procedure, the teacher has no right to insist. Also, school employees do not have the right to open the backpack and take things out of it on their own. The child must do this. Otherwise, teachers may be held accountable for exceeding official authority under Article 286 of the Criminal Code of the Russian Federation.

What to do if your phone is stolen at school

Even vigilant people who take all precautions cannot be sure of absolute protection against phone theft. Children and teenagers are even more vulnerable because they do not yet expect such consequences of their behavior and forget that they need to keep a close eye on their phone. Also, their classmates do not yet realize the illegality of theft and steal the phone not for profit, but wanting to own the same gadget that their classmates have.

As soon as parents learn that their child’s phone was stolen at school, they should:

  • Contact the class teacher and ask him to organize a meeting of all students in the class to clarify the circumstances of the theft and have a peaceful conversation.
  • Contact your mobile operator to block your SIM card. This will save money in the account, preventing the attacker from making calls at the expense of the phone owner.
  • Call the police at the school location. Ideally, you need to call a task force to the scene of the theft.

After completing these steps, parents must personally visit the school to determine the circumstances of the phone theft. By this time, the teacher is obliged to notify the parents of the students, as well as talk to them with the children, explaining to them the legal consequences of the theft and encouraging them to return the stolen device.

If a phone is discovered missing late in the evening, then they have no right to detain children at school. During the day they can be gathered for a conversation.

Inspection of students' personal belongings is possible only with their consent. At the same time, the teacher does not have the right to independently remove things from the backpack. This must be done by the student himself, demonstrating the contents of the portfolio.

If a student or his parents refuse to conduct a search, the school does not have the right to check the child’s personal belongings.

Where to go

Having noticed the loss of the phone, the child must inform the parent about it. It is important to make sure that the device was stolen and not forgotten in the classroom or gym. The parent first contacts the class teacher and then calls the police.

The teacher must be notified of the loss. Perhaps he will be able to convince the attacker to voluntarily return the device. Then it will be possible not to involve law enforcement officers in the incident. However, the school administration does not have the authority to search for the missing item. The maximum that the teacher can do is hold a meeting and try to appeal to the common sense of the young attacker.

The educational institution is not responsible for the safety of students' personal belongings. Parents are notified of this at the beginning of the school year against signature.

Only police can search for missing items. Therefore, they are involved in the consideration of the case if the conversation with the students did not give the expected results. The investigation begins after the parent writes a statement in which he sets out all the circumstances of the case known to him. The document is written according to a sample that can be taken from the duty station. Applications can also be submitted in free form.

It is important to include the following information in the document:

  • information about the police department;
  • details of the boss to whom the application is being submitted;
  • applicant details with phone number and address;
  • description of the circumstances of the theft, exact characteristics of the phone (model, external description, presence of distinctive features);
  • please return the phone and bring the thief to justice;
  • date of document preparation, applicant’s signature.

To report theft, a parent can proceed in two ways:

  1. Visit the branch in person. In this case, a police officer will help you file a statement.
  2. Call the task force to the school. This option is the most preferable, allowing you to quickly find the intruder. Law enforcement should be called on the day of the theft.

Having accepted the victim's statement, the police officer will issue him a registration card. It indicates the number of the appeal, the date and time of its acceptance, and the telephone number of the employee who will conduct the investigation into the crime.

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During the investigation, law enforcement officers must interrogate the victim child and his parent. To determine the location of the phone, the police will ask you to provide them with documents for the device.

Is it possible to negotiate with an attacker?

The best way out of such a situation for a young thief would be to admit what he did and voluntarily return the stolen item. This must be done before the victim’s parents file a statement with the police.

In accordance with the current legislation of the Russian Federation, theft is a crime of public prosecution. Therefore, the victim will not be able to withdraw the statement after the investigation of the crime has begun. Upon receiving a report of a theft, law enforcement officers conduct appropriate checks. If the fact of a crime is confirmed, a criminal case is opened.

To achieve leniency for a minor thief, his parents need to do the following:

  1. Compensate for material damage caused by theft. For example, if an attacker damages a phone, the parents of the injured child receive compensation.
  2. Conclude a settlement agreement with the parents of the victim. This document is signed by both parties and notarized.
  3. Start collecting positive characteristics about the child. This is especially important if this is the first time he has committed such a crime.

The above measures will not allow an attacker to avoid responsibility. A criminal case of theft cannot be terminated as a result of reconciliation of the parties. Therefore, the materials will still be submitted to the court. However, the judge may consider the above actions as mitigating circumstances. Accordingly, a juvenile offender will receive a minimum sentence.

An attacker can avoid a criminal record only if he returns the phone to the owner before filing a police report.

Is it possible to negotiate peacefully with a thief?

Since theft is a crime of public prosecution under Russian law, it will no longer be possible to withdraw a statement after it has been submitted to the police. Confirmation of the theft of a phone during an inspection is the basis for the mandatory initiation of a criminal case.

Despite this, the parents of the child who stole the phone need to take a number of actions:

  • Compensate for material damage from theft. If a mobile phone is damaged by their child, it is worth paying compensation to the parents of the victim.
  • Conclude a settlement agreement with the parents of the injured child. This document must be notarized.
  • Collect positive characteristics about the child.

These measures will not avoid criminal prosecution. The case will still go to court, but the court will take into account all of the above as mitigating circumstances and assign the minimum possible punishment.

You can only avoid criminal liability for phone theft if you identify the thief before filing a police report and resolve the problem peacefully with his parents.

Punishment for mobile theft

Since theft is a socially dangerous crime, the offender can be brought to criminal responsibility from the age of 14. The punishment is chosen by the court under Article 158 of the Criminal Code of the Russian Federation. The following preventive measures are possible:

  • up to 80 thousand rubles fine;
  • up to 12 months of correctional labor;
  • restriction of freedom for up to two years;
  • forced labor for up to two years;
  • up to four months of arrest;
  • up to two years in prison.

If a child takes someone else's phone from the table, he will most likely be fined. Payment of the penalty falls on the shoulders of the minor's parents. Other preventive measures are usually not used for such crimes.

In the case where the phone was taken from the victim’s pocket or backpack, the crime will have a qualified element. Then the punishment will be more severe:

  • up to 200 thousand rubles fine;
  • compulsory work for up to 480 hours;
  • up to two years of correctional labor;
  • up to five years of forced labor;
  • imprisonment for up to five years.

However, in this case, the juvenile offender will most likely be fined. If parents do not have the means to pay the fine, the punishment can be replaced with forced, corrective or compulsory labor.

If a smartphone was stolen by a young child, then law enforcement officers are required to conduct an educational conversation with him, registering the attacker with the Department of Juvenile Affairs. In this case, the parents of the juvenile offender will have to pay a fine of 100-500 rubles.

If the parents of an injured child want to receive compensation for moral and material damage, they have the right to file a claim in court on the basis of Article 1073 of the Civil Code of the Russian Federation.

Class hour “Prevention of cell phone thefts” material

CLASS HOUR PREVENTION OF CELL PHONE THEFT
Goal: Prevention of crimes related to the theft of cell phones and delinquency among minors.
Social teacher: Taidonova N.M.

Cell phone theft prevention

Goal: Prevention of crimes related to the theft of cell phones and delinquency among minors.

Tasks:

  • the formation of a stable internal position of non-acceptance of theft, the formation in students of an understanding that, by committing an offense, they not only violate the Law, but also cause pain to their relatives and other people, propaganda of legal knowledge;
  • developing the skills to independently make responsible decisions for one’s actions.

Equipment: Laptop, screen.

Progress of the event:

Nothing stands still, everything develops, changes, improves, tablets and cell phones have become available to us, every student at school has them, which differ in model, manufacturer (Samsung, iPhone, Nokia, Sony Ericsson, etc.), manufacturer (USA, China, Japan), year of manufacture, and most importantly cost (price, for example, iPhone 8-80 thousand rubles), which is the subject of criminal attacks, which can be easily taken away and sold.

Often you demand an expensive thing from your parents without realizing where the money comes from and without thinking that an expensive phone is an object of envy. Often you, the children, become victims of attackers. Guys, you often walk down the street with music on your phone or tablet, thereby exposing your phone, provoking thieves to take an easy way to steal your phone. Inside the school itself, thefts of phones and tablets have also become more frequent.

For example, analysis of the situation:

  1. A 7th grade student was in the locker room before a physical education lesson. After the call, everyone went to the gym, and Kezhik lingered and stole a cell phone from his classmate.

— What do you guys think, what offense did Kezhik commit?

Answer options: Prank, malicious act or crime.

Answer: the crime of stealing a cell phone is Article 158 of the Criminal Code of the Russian Federation, punishable by a fine of up to 80 thousand rubles, or imprisonment for up to 2 years.

At what age does responsibility for this offense begin?

Responsibility for an offense begins at the age of 14.

  1. At a break:

- Give me your phone, listen to music, otherwise I’ll get bored!

- I won’t give it to you, we just bought it new yesterday,

- Oh, you're sorry! Well, I haven't and you won't.

Throws away the phone.

How can this action be assessed?

Answer: In this case, the Civil Code of the Russian Federation, Article 1074, paragraph 2, applies: responsibility for harm caused to minors lies with their parents, who pay in full for the actions of their child. Damaging someone else's property is Art. 167 of the Criminal Code of the Russian Federation is punishable by a fine of 50 to 100 thousand rubles, or imprisonment for up to 5 years. And Article 1064 of the Civil Code of the Russian Federation also prescribes compensation for material damage in full by the person who caused the harm.

If it was not possible to avoid theft or loss, then you must immediately contact the police department at the place where the crime was committed, and if the place turned out to be a school, then immediately contact the class teacher. But before contacting the police about the theft of a cell phone, victims need to thoroughly make sure that the phone was actually stolen and not lost. If it is determined that the phone was lost and not stolen, the applicant may be prosecuted under Art. 306 of the Criminal Code of the Russian Federation for knowingly false denunciation. Slide 1 (feedback. Film about the theft of ST for 2 minutes).

In connection with the increasing cases of cell phones going missing in schools, as well as thefts and robberies of cell phones on the streets, entrances and other public places, the Social and Pedagogical Service of Gymnasium No. 5 appeals to you guys, be careful and attentive to your things, in particular cell phones .

Measures to prevent cell phone theft:

  1. Do not leave your things at school unattended on desks, in bags, in the pockets of coats and jackets.
  2. Don't carry expensive cell phones to school unless necessary.
  3. While on the street, in the entrances of houses, in minibuses, you don’t need to unnecessarily turn on and listen to music on your cell phone, especially when there are no parents or adults near you.
  4. Use a cell phone as a flashlight when entering dark entrances of houses, at night on the street, especially in deserted places where there is no lighting.
  5. Do not use a cell phone to listen to music or the radio during lessons or during breaks at school.
  6. Handing over your phone to strangers on the street who have asked you to call someone.
  7. Return home after class through crowded, illuminated streets or in a group with friends, classmates, and those you trust and know. Ask your parents and loved ones to meet you in the evening after school.

The school is not responsible if a cell phone is lost.

If your phone is lost, immediately contact your class teacher or call 02, the Juvenile Affairs Department of the Internal Affairs Directorate for Kyzyl, office. 104.

How to reduce the likelihood of your phone being stolen

Law enforcement officials advise schoolchildren to buy the simplest and cheapest smartphone models. In this case, classmates will not envy the child, and accordingly, the likelihood of theft will decrease. If a cheap phone is stolen or a child loses it, then this circumstance will not greatly affect the family budget.

A program that tracks its location will make it easier to find a stolen phone. Many parents use such applications to monitor their child's movements. In case of theft, the program will accurately identify the location of the phone.

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