What to do if you lose your phone
After discovering your phone is lost, it is recommended to follow the following action plan:
- Try calling the number of the lost device. It is possible that a passer-by might have found it and wanted to return it to its owner. If no one answers you, this means that either the mobile phone has not yet been found, or they found it, but do not want to return it.
- If the likelihood that someone found the phone is low, try to look for it yourself.
- If you find out that the phone was found by a stranger who does not want to give it up, contact the police department.
- Call your number operator and, if there is a large amount of funds left on your phone account, ask to block the number. To do this, you need to confirm your identity. It is not recommended to block a SIM card if the amount is small. In addition, a fraudster may, through his carelessness, make a call through which his location can be tracked, and then the process of searching for a phone will speed up.
The operator can use the IMEI number to determine the location of the mobile phone. Almost all modern gadgets have this code consisting of 15 digits.
You can find it either on the phone box or on the back of the device - near the barcode or under the model name, like on the iPhone.
Often the IMEI code is located on the back of the phone.
But the operator has the opportunity to provide you with information about calls made and the location of the device only after submitting documents to the police and initiating criminal proceedings.
After a loss, it is recommended to wait approximately 2 hours before blocking a phone number.
Prevention of theft
Modern gadgets provide programs that allow you to track the location of your mobile device. But if this is not possible, then you can adhere to the basic rules:
- Do not give the phone to strangers who have asked to use the gadget;
- If you are on the street at night, do not attract the attention of passersby by the fact that you have a phone;
- When traveling on public transport, put your mobile phone in your bag pocket;
- In a restaurant or cafe, do not place your phone on the table;
- And etc.
How to write a police report correctly
It makes sense to go to law enforcement only when you are completely sure that the phone was stolen and not just lost by you.
Without presenting documents or copies thereof confirming that you are the owner of the gadget, contacting the police is useless.
Document structure and sample
The form of the document is almost identical to any other application to government agencies.
The document should have 4 main sections:
A cap
At the top of the sheet in the right corner you need to indicate the addressee - the full name of the government body, department of the Ministry of Internal Affairs to which you are applying. You should also write the position, title, and full name of the manager. If you don’t know the name of the boss, ask the person on duty, but even without this, the application will be accepted.
Below, please provide information proving your identity: full name, residence and registration address (if they are different from each other), passport details, contact phone number.
If the victim does not have the opportunity to tell about the crime committed, another legal entity or official, as well as, for example, a representative of a public organization, can report instead.
Detailed description of the situation
After the header, in the middle of the sheet, the word “Statement” is written, and below what happened is described. It is necessary to convey with utmost accuracy the events of the day of the disappearance, indicating all the details. Note when the theft occurred and when it was discovered.
List the external characteristics of the mobile phone (color, brand, scratches or cracks, if any), indicate a copy of the device’s passport, if available. Be sure to include the IMEI code, which can be used to quickly determine the location of the lost device.
Write where you discovered the loss and where you were during the day, indicate the witnesses of the incident, the possibility of recording the theft by CCTV cameras, and the name of the alleged thief.
Resolution
Here you express your request to review the document provided, provide assistance in searching for stolen property and initiate criminal proceedings in order to return the phone and capture the criminals.
You write that the thief’s actions caused you damage equal to the cost of the device.
Before signing, you will be asked to indicate that you have been informed of liability in the event of a knowingly false denunciation, which is punishable under Article 306 of the Criminal Code.
In addition, list all attached documents: phone passport, footage from surveillance cameras, etc.
Signature with transcript and date
Compose your appeal in several copies. Have the police officer sign each one.
An application for phone theft must be filled out in the prescribed or free form.
Deadlines for submission and review
The process of police work after filing an application is prescribed in Article 144 of the Code of Criminal Procedure .
It specifies the following deadlines for reviewing the document:
- Within 3 days, police officers must decide whether they will initiate criminal proceedings. However, this period can be extended to 10 days, and in exceptional cases to 30.
- If a criminal investigation is initiated, 2 months are given to conduct it, or a decision is made to refuse to initiate it. If the victim does not agree with a particular decision of law enforcement agencies, he has the right to appeal it.
It is recommended that you call regularly to check on the progress of your case. Law enforcement officers are required to work strictly according to prescribed procedures. If their actions cause you doubts or they do not answer you, you should contact the prosecutor's office.
On some grounds, the investigation may be extended for 1 month by the head of the police department.
The applicant is also presented with a number of demands that must be fulfilled. These include disclosure of personal data (anonymous applications are not accepted for consideration) and a signature confirming familiarization with the norms of the current legislation of the Russian Federation.
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: Peculiarities of criminal liability of minors: types of punishments and deferment
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.
Who and when to apply
According to Article 141 of the Code of Criminal Procedure, the injured person must tell law enforcement officials about the incident. This statement is considered the basis for initiating a criminal case.
It is better to submit the paper to the police department operating in the area where the crime was committed or close to your place of residence. The police are required to accept the application at any police station, but will then transfer it to the nearest one to your place of residence, and this will take some time. The period for consideration of the application from the moment it is received by the required authority will begin to be calculated anew, as a result of which the case will be delayed.
You can file a complaint about the theft of a gadget at any time. It is better, however, to do this as quickly as possible - then the likelihood of catching the criminal and returning the stolen mobile phone is higher.
Where to go and what to do if your phone is stolen? Detailed step-by-step instructions from experts
The application can be filled out in any form, but must necessarily contain the following items:
Of course, if the phone owner has a large amount of money in his account, it is better to block the SIM card right away to avoid theft.
You should immediately check all other places where it might be (other pockets, a bag, a desk, the establishment the owner was just in, and so on). In addition, using IMEI, the telecom operator can deactivate the device itself. Where to apply? To do this, it is better to use the website of the Ministry of Internal Affairs: https: //Ministry of Internal Affairs. rf/district.
Simply enter your current location, and the program will automatically indicate which address you need to contact.
Can they refuse?
They cannot refuse to accept your application , since there are no legal grounds for this.
Police officers are required to open a criminal case after an official statement from any person. The appeal must be considered, even if the device was stolen several years ago.
However, in this case, the chances of finding the information, phone and thief will be minimal.
Paragraph 1 of Article 141 of the Code of Criminal Procedure states that the victim can contact the police in 2 forms: in writing and orally. They have to help him. The application will not be accepted and criminal proceedings will not be opened if the information is provided by an anonymous source.
If you do receive a refusal, demand confirmation in writing and file a complaint against the actions of the police officers with the prosecutor's office. There you will be asked to draw up a complaint in 2 copies (one for the prosecutor, the second remains with you) outlining the situation.
Liability under the Criminal Code of the Russian Federation
Based on the circumstances under which the theft occurred, different articles are used to qualify the offense and impose sanctions.
For example, if there was a secret theft of property, Part 1 of Article 158 of the Criminal Code applies. If a thief entered the victim’s house and committed a crime there, Part 2 of the same article applies.
If a cell phone was confiscated from a victim as a result of an attack and robbery, the offense is qualified in accordance with Article 161 of the Criminal Code.
Robbery without causing physical harm to the victim is regulated by Part 1 of this article, robbery using violent acts - by Part 2, robbery committed by a group of persons (or in the presence of grave harm) - by Part 3.
Is it possible to withdraw the application?
Not a single law specifies actions or norms that allow the withdrawal of a complaint about a crime.
However, if the victim decides to complete the investigation into the case of the theft of a mobile phone, then there are 2 ways of development of events:
- It is possible to come to the police station with a new statement that the original document contained erroneous information. The application must indicate that the device was not stolen, but lost due to the fault of the applicant.
- You can negotiate with the thief in person, if you managed to find him, and report this to law enforcement agencies.
This will be considered a reason to terminate the criminal investigation.
Characteristics of the crime
Cell phone thefts happen quite often, as it is not difficult to steal a small item without anyone seeing. Often, the owners themselves forget the phone on the table in a restaurant or at the workplace in an office building.
And thanks to the fact that the devices contain cameras, some victims part with their phones, asking an unfriendly passerby to take their photo.
Important! The theft of a cell phone is regarded as the secret theft of an object, which is considered under Article 158 of the Criminal Code.
This type of crime involves someone stealing the phone unnoticed, that is, taking it without the owner's permission.
Theft must be distinguished from fraudulent actions and robbery by the following signs:
- The fraudster not only takes the phone, but also seeks, in a dishonest way, to obtain the rights to it. For example, if the victim agreed to sell the device, handed it over to the buyer along with the documentation, but no payment was forthcoming. Or if someone promised to give a new phone instead of the old one, but the scammer disappeared, and the owner was left with nothing;
- robbery, unlike theft, is carried out openly and not covertly.
Extortion of money and bribes: articles, nuances, punishment.
Is it possible to be released from criminal liability due to the reconciliation of the parties? Read here.
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