What to do if your bike is stolen and how to find the culprit

What to do if you find your bike missing? Is it worth filing a police report or is it better to launch a campaign on social networks? How to behave if you meet a car thief in the city? At the request of The Village, “Bicycling in St. Petersburg” activist and lawyer Denis Bystrov compiled detailed instructions that will help you quickly find the missing bike.

What to do at a crime scene

The first step is to call the police and report the theft. While waiting for the order, try to find witnesses and write down their information. Find out if they saw the criminal. If so, can they tell us his signs?

Inspect all parked cars for the presence of dash cams. If you are lucky and there are such cars, write down the registration number and wait for the owner to watch the video together or at least get his contact information. As a last resort, leave a note on your windshield asking them to contact you.

The more unique features and documents you have for your bike at the time of theft, the better.

Look for security cameras placed on buildings, gates, poles and other similar places. If the camera is placed on a building, then you need to look for its owners. They will tell you who owns the equipment and how to extract information from it. There are also city and municipal cameras - it’s more difficult with them, most likely you will need official requests as part of a criminal case. Moreover, the information on such cameras is stored for no more than a month, so by the time the request is made, it will most likely have already been erased. The only thing that can be recommended in such a short time is to contact a lawyer. Addresses of city cameras can be found here. There is a special contact form on the same site, so persuade them to give you a recording without an official request.

Bicycle theft: Article 158 of the Criminal Code of the Russian Federation

Theft involves the secret, illegal appropriation of property belonging to another person . A bicycle can be stolen on the street, in a bicycle rack, in an administrative office, in an entrance or in a residential area.

At the same time, other persons may observe the actions of the criminal, but not even suspect that an offense is taking place. All issues related to theft and liability for it are regulated by Art. 158 of the Criminal Code of the Russian Federation.

Open theft of a bicycle will already be classified as robbery. If the owner is also injured, the act will be considered robbery.

Corpus delicti

The object of this crime is property relations. The objective side is the unlawful taking of a bicycle.

The subjective side is characterized by the deliberate, purposeful commission of an act. The subject is a capable and sane person over the age of 16 years.

What will bike theft be like in 2022?

The degree of liability for the theft of a bicycle will depend on the amount of damage caused, that is, on its value at the time of the theft.

Therefore, during the investigation, the applicant should provide the following documents to the police:

• confirmation of the value of the stolen bicycle at the time of purchase;
• market and actual value at the time of theft.

Based on the expert's assessment of the actual value of the stolen property, the crime will be classified.

Liability for the theft of a bicycle vehicle can be administrative or criminal.

Liability for administrative violations is regulated by the Administrative Code . Article 7.27 – “Petit theft” contains the following provisions:

• Petty theft of property, the value of which does not exceed 1,000 rubles in the absence of signs of acts provided for by the Criminal Code of the Russian Federation, entails a fine of up to 5 times the value of the stolen property, but not less than 1,000 rubles; or administrative arrest for up to 15 days; or compulsory work for up to 15 hours.
• Petty theft of someone else's property worth from 1000 to 2500 rubles entails a fine of up to 5 times the value of the stolen property, but not less than 3000 rubles; or administrative arrest for a period of 10 to 15 days; or up to 120 hours of compulsory work.

Criminal liability for theft of someone else's property, including a bicycle, is established by Art. 158 of the Criminal Code of the Russian Federation. Punishment options:

• a fine in the amount of up to 80,000 rubles or in the amount of the salary/income of the convicted person for a period of up to 6 months;
• compulsory work up to 360 hours;
• correctional labor for up to 1 year;
• restriction of freedom up to 2 years;
• forced labor for up to 2 years;
• arrest up to 4 months;
• imprisonment for up to 2 years.

The measure of liability increases if the theft of a bicycle is committed:

• a group of previously agreed persons;
• with illegal entry into the premises;
• causing significant damage.

In this case, the punishment may be as follows:

• fine up to 200,000 rubles. or in the amount of the convicted person’s salary/income for a period of up to 1.5 years;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• forced labor for up to 5 years with or without restriction of freedom for up to 1 year;
• up to 5 years of imprisonment + restriction of freedom for up to 1 year or without it.

The legislation recognizes significant damage as an amount from 5,000 to 250,000 rubles.

Both administrative and criminal liability arise when a person reaches 16 years of age. Under the Criminal Code of the Russian Federation, in case of theft, the age can be reduced to 14 years (Article 158).

If a crime is committed by a teenager under 14 years of age, the fine will be paid by the parents or his legal representatives, and educational and explanatory measures will be applied to the culprit.

How to write a missing person notice and where to place it

Most Russian cycling forums have a topic or an entire section dedicated to stolen bicycles (Velopiter, Dirt.ru, Velomania.ru, Veloroad.ru). First of all, place an ad on them. Also look for local forums and online communities. Add information to all databases of stolen bicycles (Velorozysk, Lostbike, Velootpusk, Velougon, Stolenbike, Veloid, Velobase and others). In the announcement of the theft, indicate under what circumstances the incident occurred (where exactly and at what time), attach a photograph, indicate the brand, color of the bicycle, year of manufacture and frame number.

Is the management company responsible for the safety of property?

First of all, the management company is responsible for the maintenance and maintenance of common property: elevator equipment, communications, attics, building elements and much more. But she will bear responsibility for the safety of the tenant’s property only if this is stipulated in the agreement with the residents of the house.

Therefore, I recommend raising all agreements with the management company and minutes of general meetings of owners. In these protocols, you need to see how your security is structured, what powers it has, what it protects, and whether the management company is responsible for the damage caused by the inaction of the security.

The responsibility of security can be established not only by contract, but also by laws and orders. For example, Article 25 of the law on departmental security provides for compensation for damage caused by the actions or inaction of security officers.

If your contract contains a clause on home security, the algorithm of actions is as follows:

1. Study the contract, see what the procedure for compensation is and how much you can claim.
2. Send a pre-trial claim to the Criminal Code. In it you indicate that your bicycle, which was kept in the entrance, was stolen. A criminal case has been opened regarding this fact, but the culprit has not been found. You believe that the theft was caused by the inaction of security personnel, and you ask for compensation for the damage.
3. If the Criminal Code refuses, you go to court with a claim for damages.

Claims against the management company regarding protection are not uncommon. But the courts primarily look not at the very fact of the presence of security, but at the contract for the provision of security services, if there is one at all. If it stipulates the protection of residents’ property, there is a chance for compensation. But if the management company stipulated in the contract only the protection of common property, it is responsible for the protection of only common property, but not for the protection of apartments or bicycles in the entrance.

Example: the claim of the famous actor Andrei Sokolov against his Criminal Code. He regularly paid for security, but this did not stop the thief from removing property worth 12 million rubles from the apartment. The guards did not interfere with the thief. The court of first instance ruled in favor of the victim, but the higher court overturned this decision. The contract with the private security company only stipulated the protection of common property, but it was not damaged. According to the same agreement, private security company employees did not protect the apartments and property of the residents - accordingly, compensation for damage cannot be recovered from them.

How to write a police report correctly

It is imperative to contact the police. But you should not expect that they will take at least some operational search actions to find your bicycle. The main purpose of the appeal is to legally record the fact of theft. Because if suddenly a bicycle is found, the law will allow you to legally seize it from any, even the most conscientious buyer. Even if many years have passed since the theft. But to do this you will have to prove that the bike is yours and that it was stolen. And this is where a criminal case will help.

What needs to be included in a theft report? First of all, carefully describe all the features that allow you to identify a stolen bicycle: make, year of manufacture, size, frame color and its unique number. Attach documents and photographs if you have them. Otherwise, refer to friends and relatives who are ready to confirm that the bicycle belonged to you. Describe how long you have owned the bike and how you acquired it. Tell us in detail how you lost your property.

Be sure to pay attention to the following points: the exact address and time of the incident, passport details and contacts of witnesses (find them out in advance), registration numbers of nearby cars (they could have DVRs installed), any information and signs of possible suspects.

Any attempt to use force to take away a bicycle will be considered an offense

When the statement is ready, go to the police station closest to the place of the theft (duty department) and get the statement accepted. Get ready for the fact that you will probably be refused and will have to show extraordinary persistence. Firstly, such crimes are solved extremely rarely. This means that the notorious indicators will worsen. Secondly, against the background of murders, rapes and other atrocities, such petty thefts are reacted with a grin. But remember that the employee on duty is obliged to accept your application and has no right to refuse you. Your appeal must be registered in the crime reporting book. In this case, the applicant is given a coupon - a notification with an incoming number.

If they refuse to accept the application, refer to the order of the Ministry of Internal Affairs of Russia dated March 1, 2012 No. 140. This will show your awareness and willingness to defend your rights. Demonstratively write down the last name, first name, patronymic of the person on duty who refused to accept the application, and threaten to file a complaint with the prosecutor's office. If this does not work, send the application by mail: telegram or valuable letter with a list of the contents. Be sure to include the local district prosecutor's office in the copy.

A few days after the application is accepted, start calling the police department from time to time and find out about his fate. The result should be the initiation of a criminal case: you will be given a resolution where you are listed as the victim. If a bicycle is found, it is this paper that will help you legally restore justice.

Theft from the entrance of a residential building

Practice shows that it is easier to prevent theft from an entrance than to catch a thief. However, if this does happen, you need to act according to an algorithm :

• to call the police;
• find witnesses;
• search for recordings from external surveillance cameras;
• write a statement about the theft of a bicycle to the police station;
• disseminate information about theft on social networks and specialized websites.

You will have to look for witnesses to the theft from among your neighbors - perhaps one of them heard something or saw something through the peephole of the door, or maybe even encountered the thief in the elevator. street cameras in courtyards, but they are sometimes installed above the entrance to the entrance. Sometimes intercom key panels are equipped with cameras - in this case you need to contact the management company.

Finding a bicycle stolen from a flight of stairs or a landing is very difficult - it may turn out that no one saw the intruder at all. Then all hope is that the loss will “pop up” during an attempt to sell it.

In any case, the inaction of the victim will definitely not lead to the capture of the thief - if the bicycle is expensive, you need to try to return it by all legal means.

How to behave if you see your bike in the city

Any attempt to use force to take away a bicycle will be considered an offence. And instead of the victim, you will become accused of robbery or battery. Try to stop the person and create a fuss around him, attract the attention of passers-by. Check the frame number and other features. If you are sure that the bike is yours, call the police and call the police department. A strong argument for detention will be a decision to initiate a criminal case and documents for the bicycle (at least in the form of a photocopy or scan on a smartphone).

Typical cases

A bicycle goes missing from a store. It is common for a beginner to buy a very impressive-looking lock and rely on the strength of the structure. To believe that a five-minute absence is not enough to commit a theft is a naive delusion. Some seemingly high-quality locks can be easily broken by an attacker with bare hands or a small bolt cutter. Moreover, the cameras are also unlikely to stop the thief.

Particular caution should be exercised when visiting a bike shop. In the summer, thieves often wait for visitors near sports shops to take away the bike.

An experienced swindler is capable of stealing a bicycle right from under your nose.

The bike went missing from the entrance. After getting caught in the pouring rain, they often leave the bike on the staircase to dry. The person leaves literally 10 minutes later, when the bicycle is immediately stolen from his own entrance, even with a concierge present. Such houses are of increased interest to criminals because they understand how much the residents rely on the concierge. As a result, the attacker manages to get a good jackpot. To get into the entrance, a thief just needs to use a fake key for the intercom.

What sites to monitor when looking for a bike

To search for a bicycle, you regularly browse the websites “Avito”, Slando, as well as numerous local online flea markets, forums and communities on social networks, small sports and bicycle shops, clothing markets and junk shops. But don't rely too much on this method. In large cities, possible sales locations number in the hundreds, and an advertisement may appear several months later.

Application of fastening grips

U-shaped locks, like chain locks, are resistant to sawing with a hacksaw and cutting with scissors. Its large bow does not allow the crowbar to be pressed against it, making any break-in attempt a failure.

The disadvantage of the U-grip is the inability to grasp a tree or pole. An iron fence is more suitable for this purpose. The bicycle is fastened to the bicycle frame mainly with the rear wheel secured. Considering that wheels are the most expensive components of a bicycle, it is highly undesirable to only engage them.

Plate locks have a contradictory characteristic - they are famous for their compactness, but are not considered the best option. When making frequent turns, the movable areas of fastening the plates gradually wear out, as a result of which the strength of the entire lock is lost. And since a bicycle lock made of plates can only be bent in a single plane, it is considered less convenient compared to a cable or chain.

How to make sure the bike you buy secondhand isn't stolen

When buying second hand, always ask for documents for the bike. Their absence does not mean that the bike is stolen, but it does give rise to additional inspection. Inspect the frame for wear or interruption of numbers. Check the number against all databases of stolen bicycles available on the Internet (Velorozysk, Lostbike, Velootpusk, Velougon, Stolenbike, Veloid, Velobase, etc.).

If you plan to travel abroad with a used bicycle, then if the seller does not have documents, it is better to refrain from purchasing it altogether. When crossing the border, the number can be checked and, if the bicycle is stolen, the visa will be canceled, and entry into the country will be limited for a long period or even banned altogether.

Photos: Shutterstock.com, Jesús Corrius, Lovro Rumiha

Ways to prevent theft

First of all, remember: you cannot leave your bike unattended! The most reliable place to store it is an apartment or your own private house. Entrances and flights of stairs do not guarantee any safety even for vehicles fastened to the railings. There are known cases when bicycles were stolen from the entrances of houses with a protected area.

The apartment sections on the floor that are locked with a key are relatively secure. However, they will not be able to protect the bike 100%. One of the neighbors will forget to lock the door, and this will become a temptation for a teenager who accidentally wanders onto the floor.

If a bicycle is the main means of transportation, for example, to school or work, and you have to leave it in a bicycle rack all day, it is important to remember that an ordinary cable will not become an obstacle for a thief who always has wire cutters with him.

In addition, such cables can be easily opened with a regular screwdriver. In some situations, a metal chain saves the situation , but sometimes attackers use bolt cutters.

When circumstances force you to leave your vehicle in bicycle parking areas, it is better to choose those that are under video surveillance . The chain should be passed through both wheels, the frame and the saddle - criminals do not disdain spare parts.

If you leave your bike for a short period of time (say, at a supermarket), you can get by with a regular bike lock, but it is important to pass the cable through all elements of the vehicle’s structure.

Is it possible to recover damages for theft from the management company?

If there is no security agreement with the management company, the matter is practically hopeless.

If so, it’s worth studying the security agreement. Often management companies do not write in contracts that they provide security services, since licensed specialists are very expensive. It’s easier to collect money for security and put a person on duty who, according to documents, is listed as a plumber or janitor. Or works without a contract at all.

In this case, trying to compensate for damages with the Criminal Code is a waste of time; the court will not side with the victim.

Tips for minimizing the risk of a lost bike

Bicycles have always been stolen. And they will continue to steal. Therefore, it depends only on you whether this disaster will affect you and your unit. Here are some tips on how to protect yourself from bike theft:

1. Do not leave your bike on either too busy or deserted streets. Pay attention to whether other cyclists are using the bike rack. Bad fame spreads quickly: if bicycles are constantly stolen from some parking lot, then few people will want to leave theirs there.
2. Install a bike lock: a cable lock with a key, a combination cable lock or a chain lock - the latter is considered the most reliable, because it is almost impossible to bite through it, and few thiefs would want to waste time cutting it with a hacksaw.
3. Install an alarm on your bike. The audible bicycle alarm has a remote control and works like a car alarm: the audible signal is triggered in response to touch or vibration.
4. An original way: make the bike noticeable from afar by decorating its frame with a bright color or hanging LEDs on the wheels, or creating something creative on the handlebars. It is unlikely that a thief will covet a bike that attracts the attention of others and will be easily found due to its special features.
5. If you leave your bike for a long time, remove the chain from it - you won’t ride it without a chain. True, for this you will need tools and some skill.