Theft can happen on the street , when a phone is unnoticed from your pocket; theft can happen at home, when criminals sneak into an open window in your absence.
You can steal any thing that fits the description of a movable item in its category and is in your property.
And instead of thinking with regret about the lost value , you need to urgently contact the police while it is possible to find the criminal without delay.
Read the full article 158 of the Criminal Code of the Russian Federation. Theft.
Statement of theft of property
Statement about theft of property
Current realities are such that you can become a victim of an offense interpreted by the Criminal Code as a crime against property at any time. According to statistics, the number of property thefts committed in the previous year increased by 12%. The subject of every third crime is a mobile phone, not the least of which are bicycles, motorcycles and other vehicles.
Points to consider before filing a theft report with the police
Before contacting law enforcement authorities with a statement of theft, you must familiarize yourself with information that is directly related to the procedure and rules for its consideration.
Checking devices
Not everyone has the opportunity to buy the desired phone model in a specialized store, which is why the secondary market for equipment is so active, where previously used devices are offered.
How can you make sure that the phone you purchased is not stolen? You need to do a number of simple operations:
- Find out IMEI - an international classifier, unique for each phone. It is usually indicated under the barcode located under the device's battery. In addition, you can find it by dialing the combination *#06#;
- Find a database on the Internet for checking IMEI codes. You can access it on sites that provide telephone databases (Online, for example);
- Enter the IMEI (Have) of your mobile phone in the search column and click the “Check” button (for theft). If the entered code is not found in the database, you can breathe easy - your phone is clean. Otherwise, information about the date of registration of the theft of this device will be displayed.
Next, we will tell you about a set of measures to prevent cell phone theft.
Possible consequences of filing an application
The statement of the injured person is the basis for opening criminal proceedings under Article 158 of the Criminal Code of the Russian Federation. The exception is for offenses with minor damage, for the commission of which the law provides for administrative liability.
Important! The insignificance of a criminal act is an assessment indicator that depends on the financial condition of the person affected by the theft. That is, the same amount may represent significant damage for one person, but minor damage for another.
In order for theft to be considered in criminal proceedings, it is necessary to prove that the stolen property was of great importance to the victim. There are frequent cases when law enforcement officials try to dissuade a theft victim from filing a report, convincing her that the damage caused is negligible, in particular, because “the phone was old,” “the coat was worn,” etc. However, you should not succumb to this, deliberately depriving yourself of the opportunity to return the property.
Additional Information! According to the results of prosecutorial checks, every fourth decision to refuse to open criminal proceedings due to minor damage caused by theft is considered illegal.
Prevention of theft
The most modern devices have a lot of programs that allow you to track the location of your phone. But while not everyone has such devices, you should follow a number of standard rules for protecting your phone from theft:
- Do not give your phone to people you don’t know or don’t know at all, especially when you are asked to make a call from your device on the street;
- If you often find yourself outside at night, it is advisable to set your phone to vibration mode so as not to attract the attention of intruders with the sound of a ringtone;
- When using public transport, place your phone in an inside pocket of your clothing or bag. A device hanging on a lanyard or sticking out of a back pocket attracts criminals due to its accessibility;
- In a cafe or bar, you should not leave the device on a table or counter.
- You should also have a conversation with your children, explaining to them that there is no need to show off a fashionable device, so as not to provoke someone to want to steal it.
Now that you know how to protect your cell phone from theft, we will tell you about the consequences and punishment for such an act.
We advise you to carefully watch the following video to avoid becoming a victim of mobile phone theft in a store:
Deadline
Deadline for reporting
If you discover a loss, you must report it to the police by calling law enforcement officers to the crime scene. This should be done immediately, since most of the evidence left by the criminal can only be discovered “hot on the trail.” Having arrived at the scene of a theft, the police have all the powers to interview citizens who have become accidental witnesses to the incident.
Of course, the victim himself can do this, but it is not a fact that these persons will want to assist in the search voluntarily. In addition, police officers have all the necessary powers to demand the provision of video materials, if any, from the owners of nearby establishments (cafes, restaurants), which cannot be said about the rights of the victim of theft.
However, even if the victim did not contact the police immediately after the theft, he still has the right to file a corresponding statement after some time. Although in this case the likelihood of solving the crime is significantly reduced. The period during which one can expect to open a criminal case regarding theft cannot exceed that established by Art. 78 of the Criminal Code of the Russian Federation. The maximum statute of limitations after which the offender is released from criminal liability for committing theft is 6 years.
Additional questions
What can serve as evidence
As mentioned above, it is advisable to attach all possible evidence of the crime to the application. These include:
- Witness testimony presented in writing.
- Audio, video and photographic materials.
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:
- 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;
- You can find the number near the barcode (below). Another option is to dial the combination *#06#, the number will appear on the screen;
- Find a website on the Internet that contains an IMEI database;
- 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.
Is it possible to find it yourself?
This is possible, however, only in cases where special programs have been installed on the device in advance to protect the device from theft. Currently, there are a large number of such applications.
This is, for example, the iCloud program. This application is available for devices running on the iOS system.
The principle of operation of the program is that each device user has his own account in the system.
Using the application, a person can block a stolen phone through his personal account, and then track the location of the device through a geolocation system.
There are other, very effective applications. For example, if a phone is stolen, the application can activate the front camera, through which the thief’s face can be recognized.
The geolocation option will allow you to identify the location of the device and, accordingly, the person who currently has it.
Also read: What is meant by a large amount of damage under the Criminal Code of the Russian Federation, as is considered
However, it is important to remember that these applications and options must be installed on the phone in advance. Only in this case does the victim or police representatives have the opportunity to use them and facilitate the search process.
Can your telecom operator help?
You can contact your mobile operator to ask for help in finding your device, but don’t count on it too much. Firstly, the police will probably contact the operator, and secondly, in most cases the operator will only contact the Ministry of Internal Affairs on this issue.
Some (a few) companies have the ability to search for a phone number; it is better to contact the company immediately and find out if they can help you.
What to do if a loss is discovered
Having decided to file an application with law enforcement agencies, you need to clearly know that the property was stolen and not lost or transferred to a third party. In addition, when pointing out the alleged culprit, one must remember that knowingly giving false testimony is in itself a criminal offense. In simple words, before contacting the police you need to think carefully about the situation.
It often happens that after a certain period of time the applicant finds the missing item, for example, a telephone. In this regard, he has a question about how long it takes to withdraw a statement from the police. You need to understand that for quite some time in our country it has not been possible to revoke this document. If the missing item was discovered, you need to write a new appeal, asking to stop or not initiate a criminal case. The basis for filing it is the fact of a misconception about the theft.
As a rule, law enforcement officers treat such situations with understanding. But it also happens differently. Some investigators will insist that the applicant deliberately violated the law by misleading the investigation. In such a situation, you should insist on the mistake.
To avoid these problems, you need to think carefully about the situation before going to the police. Under no circumstances should you contact law enforcement while drunk. In most cases, things “stolen” while under the influence of alcohol are from friends or somewhere else. In such a situation, alcohol intoxication can serve as an aggravating circumstance when giving false testimony. It will be extremely difficult to prove a mistake in such a situation.
Is it possible to withdraw the application in case of reconciliation of the parties?
Reconciliation of the parties in life does not mean that it will be satisfied within the framework of the criminal process. This is largely explained by the provisions of the law, which clearly state when reconciliation is possible and when it is denied.
Special cases look like this:
- If the offense is related to slander, battery, or minor damage to the health of the victim, investigators cannot refuse to terminate criminal proceedings (irreversible).
- Copyright (patent) violations or sex crimes also include a refusal to take back a written document. This is explained by the irreversibility of committed acts.
In order to terminate a criminal investigation in connection with theft, not only the approval of the victim is required, but also the amount of damage factor. For example, an attacker stole jewelry totaling over 1 million rubles, but after initiating a case, he returned the stolen property and compensated for the material damage. Even if the victim has no claims against the criminal, the prosecutor does not have the right to stop the proceedings. Thus, the thief will suffer a well-deserved punishment under Art. 158 of the Criminal Code of the Russian Federation.
How to withdraw a statement of theft in the absence of corpus delicti
Sometimes life presents unexpected circumstances. For example, the owner of a car left it in the yard, but in the morning the vehicle was not there. Naturally, a report of theft will be filed and an investigation into the case will begin.
However, if it turns out that there was no theft, and the car was taken to the impound lot for illegal parking, you can take back the theft certificate. In order to do this, you need to visit the police station again and make a new statement. It should indicate that the criminal case does not contain a crime. The refusal will be satisfied, and the proceedings will be terminated.
If you pulled out the SIM card
What to do if your phone is stolen and turned off or your SIM card is taken out?
If immediately after the loss a person is unable to call his own number (the answering machine reports that the subscriber is switched off), this indicates that the thief has already managed to remove the SIM card.
In this case, there is every reason to believe that theft was committed, and not the loss of the device.
In this case, you must contact the police as soon as possible.
In this case, it is necessary to provide law enforcement officers with documents confirming that the stolen device belongs to the victim, as well as all the necessary information about the missing phone (model, IMEI).
After this, you need to contact your mobile operator with a request to block the SIM card and subsequently restore your number. To do this, you need to contact the nearest operator’s office with your passport.
Theft at school
Unfortunately, the theft of a mobile phone in educational institutions in Russia is a fairly common situation. Especially when it comes to expensive modern devices.
At the same time, the kidnapper is not always subject to criminal liability, for example, if at the time of the crime the child was not yet 14 years old.
In this case, before contacting law enforcement agencies, it is necessary to take a number of preliminary actions:
- Report the incident to the child’s teacher or class teacher, demand that he hold an unscheduled class meeting and a conversation with students (many children, afraid of the consequences, return the stolen property), in addition, it is necessary to notify the school principal about the fact of theft;
- Notify the mobile operator about the fact of the loss of the phone, fill out an application to block the SIM card;
- Notify the representative of the department for combating juvenile delinquency responsible for this educational institution.
How long does it take to withdraw an application?
Typical questions in this case: “Within what time can I withdraw my application?” or “How many days later can I cancel my testimony?”
There is only one answer: the sooner the better. Of course, as mentioned above, the severity of the crime is of great importance, but it is still possible to withdraw the application.
You must go to the place where the complaint was left, then write a refusal of the previously left statement, specifically explaining the reason for the withdrawal.
Application form
The law allows:
- Written form of appeal.
The document is drawn up directly by the applicant and contains a complete statement of the event that occurred. Information should be entered in a logical sequence, and care should be taken to avoid grammatical errors and inaccuracies. As for false information, liability is established by law for their provision, so you should not write something that actually did not happen in order to embellish what was stated. At the request of a person, he may be provided with a sample statement to the police about theft of property.
- Oral form of address.
The oral form involves a police officer presenting what happened from the words of the injured person. A statement written by an on-duty police officer on behalf of a crime victim must comply with established requirements. The applicant puts his signature under the text of the document, thereby confirming the correctness and reliability of the above.
Illegality of refusal to accept a statement of theft
According to Art. 144 of the Code of Criminal Procedure, a police officer does not have the right to refuse to accept a statement about a crime committed, regardless of the time and place of the complaint, as well as the amount of damage caused.
In accordance with job descriptions, the police officer on duty is obliged to accept the petition and register it.
Important! In case of refusal to accept an application for reasons such as insignificant damage, errors in the text of the document, absence of an available employee or violation of the rules of jurisdiction, the injured person has the right to complain to the prosecutor's office.
One of the functions of this law enforcement agency is control over the legality of the activities of police officers. Detection of violations in the work of a police officer is the basis for bringing the offender to administrative and sometimes criminal liability.
Procedure for consideration of the application
Consideration of a complaint to the police about theft takes place in several stages:
- Contacting law enforcement agencies, filing a petition;
- Making a decision regarding the submitted application.
According to procedural legislation, 3 days are allotted for issuing a decision to initiate a criminal case or refuse to open one. The expiration of the specified period begins from the moment of application. If there are circumstances provided by law, this period can be extended to 1 month. In case of refusal to initiate a criminal case, the victim has the right to challenge the decision;
- Criminal proceedings.
Notification coupon
In order to control the process of consideration of the application, when you first apply, you must ask the police officers to provide the following documents:
- Notification coupon. It contains information about the date of acceptance of the application, as well as the full name and position of the person who accepted it;
- Certificate of theft. Such a document is relevant in case of theft of documents, in particular identification documents.
How to correctly write a police report about theft
If the victim decides to write a statement on his own, it is necessary to adhere to the requirements established regarding the preparation of the document.
So, how to write a report of theft to the police (police):
- The document must have an addressee. As a rule, a statement of theft is addressed to the head of the police department, information about whom (full name, position, rank) is indicated in the upper right corner of the document, in the so-called “header”;
- Along with the recipient, in the “header” it is necessary to write the personal data of the applicant, as well as means of communication. Please note that anonymous applications will not be considered;
- The descriptive part must include detailed information about the incident (place of theft, time, object of the attack, as well as accompanying circumstances relevant to the case).
Important! It is not necessary to indicate the article of the Criminal Code of the Russian Federation, which, in the applicant’s opinion, classifies the committed act. The main thing is to describe in as much detail as possible the circumstances under which it happened: secretly or openly; with or without the use of force, with or without entry into a residential premises. It is imperative to indicate the significance of the damage in order to avoid reclassification of the offense from criminal to administrative.
- Confirmation of the applicant’s awareness of the provisions provided for in Art. 306 of the Criminal Code of liability for knowingly false denunciation;
- The pleading part. Here the victim states his demands: to initiate a criminal case into the commission of a crime, to hold the guilty person accountable;
- Applicant's signature;
- Date of the application.
Your phone was stolen: what to do and where to go
If a person was in a public place when he lost his mobile phone, first of all, you need to look around .
It is quite possible that the phone simply fell out of your pocket .
And this is correct, because buying a new device is an expensive undertaking, and timely and correct actions often allow you to find the loss and, accordingly, save your own money.
What should a citizen of the Russian Federation do if his passport was stolen? Read about it here.
geolocation option will allow you to identify the location of the device and, accordingly, the person who currently has it.
Sample statement to the police about phone theft
Application to the police about the theft of a phone
When contacting law enforcement agencies, a person affected by a crime can use a sample statement to the police about the theft, which can be found on specialized websites or at the police department.
If a phone is the object of theft, in addition to general information about the incident, you must:
- Describe the gadget in as much detail as possible;
- Point out its distinctive features, such as cracks or scratches on the device body;
- If possible, provide documents for the phone that contain information about the IMEI of the device.
Features of the crime
Thefts of mobile phones occur very often, because taking a small device without anyone noticing is not very difficult. Often, the owners themselves forget the device on a table in a cafe or on a desktop in the office. And thanks to the fact that phones have cameras, some citizens part with a fashionable gadget by asking an unscrupulous passerby to take a photo of them.
The theft of a mobile phone is regarded as secret theft of this item and is classified under Article 158 of the Criminal Code of the Russian Federation. Such a crime implies that someone secretly stole your phone - took it without your consent.
Theft should be distinguished from fraud and robbery.
- The scammer not only takes your phone, but also fraudulently tries to obtain rights to it. For example, you agreed to sell a phone, handed it over to the buyer along with documents for the product, but did not receive payment. Or they promised to give you a new one instead of your old device, but the scammers disappeared, and you were left with nothing.
- Robbery, unlike theft, is carried out openly and not secretly.
We will talk further about how to write a statement about the theft of a phone to the police using the sample.
Sample statement to the police about the theft of a bicycle
Statement to the police about the theft of a bicycle
When contacting law enforcement agencies in connection with the theft of a bicycle, you can use the standard sample statement to the police about the theft of property.
Additional information to be provided:
- Description of the bicycle indicating its distinctive features;
- Significance of damage;
- Moral damage if the object of the theft was of particular value to the victim (gift, reward for participation in a competition).
Having become a victim of a thief, you should not despair in advance, mentally saying goodbye to your property. The main reasons why crimes against property remain unsolved are citizens’ uncertainty about the effectiveness of the work of police officers, as a result of which many offenses become latent, as well as the failure of the victim to take actions to facilitate the search for stolen property.
It should be remembered that the efficiency of the crime victim, supported by the professionalism of the police, is the guarantee that the property will soon return to its rightful owner.
