Sample of writing a statement to the police regarding theft of property in 2021

Who can contact the police and when?

Any individual or legal entity has the right to file a statement with the police if their property is stolen (things, equipment, mechanisms, money in this case are also considered property). In Art. 141 of the Code of Criminal Procedure of the Russian Federation specifies only one requirement for this document - the presence of the signature of the applicant, that is, it is impossible to anonymously report a crime to law enforcement agencies, such an appeal will not entail any legal consequences. The unified form is not approved by law; a citizen or representative of an organization independently decides what information to provide to the police.

The qualification of the act is not mandatory; the applicant may not know whether a theft has been committed (secret theft of property) or whether the crime had witnesses (in this case, the act is qualified as robbery).

How to write a statement about theft of property

The document will need to reflect the following information:

Full name of the police officer, rank, position (information is in the sample provided by the department employee);
information about the victim: full name or name of the organization in unabridged form, address, contact information - the application will not be accepted without providing personal information;
description of the circumstances under which the theft was committed: address, time (at least approximate), amount of damage, list of stolen items indicating the amount of each item, other circumstances;
a list of witnesses who can confirm what was said,
the requirement to find the culprit and bring him to justice;
signature of the victim, date.

An approximate police sample from an individual is posted at this link, and a ready-made application form can be found here.

A statement of theft can also be filed by a legal entity - for example, if goods were stolen in a store. A sample document is available at this link.

The victim is not required to understand the legal intricacies that relate to methods of theft. Investigative officers will independently determine aggravating circumstances - the presence of accomplices, the consequences of the theft, the intent of the criminals.

Perhaps the victim will indicate in the statement that his things were simply stolen, but later it turns out that they were stolen through a robbery. The only thing is that it is necessary to specifically describe the actions committed by the criminal.

Grounds for revocation

The revocation of a written or oral (enshrined in the protocol) appeal about a crime of the Criminal Procedure Code of the Russian Federation is not provided for. Staff checks are carried out on any report of facts containing signs of a crime. If the police come to the conclusion that the event did not occur or there are no signs of a crime, the initiation of a criminal case will be refused. In cases of private prosecution (infliction of minor bodily harm, battery, slander), termination of the case is allowed in connection with the reconciliation of the parties. Theft is not one of them, so it will not be possible to stop the case.

Additional features and nuances

The applicant must be completely sure that the item is actually stolen and not lost. If a person knowingly provides false information, he will face criminal liability. The applicant risks facing the same for denunciation.
The law prohibits the return of theft reports already in progress. If a person finds out that he has actually lost an item, then he will need to draw up a new statement - with a request to stop the criminal case or not to initiate it. If police officers threaten liability for denunciation, it is necessary to continue to assert that it was only a mistake.
Termination of a criminal case is allowed at the stage of its examination by a judicial authority. You will need to draw up a petition and indicate in the document that the parties have reconciled and that there are no complaints or demands from the injured person.

Sample statement of crime (fraud) 2021

, form

Sample

Report to the police about fraud by an individual
Report to the police about legal entity fraud
Collective statement to the police

Form

Report to the police about fraud by an individual
Report to the police about legal entity fraud
Collective statement to the police

Sample statement of crime against unscrupulous realtors

To the head of police department No. 5 of the Ministry of Internal Affairs of Russia in Samara

address: Samara st. Nikitinskaya 73a

From Lebedev Zakhar Sergeevich,

Born July 21, 1995 passport: 36 15 100875, issued by the department of the Federal Migration Service of Russia for the Samara region in the Kirov region of the mountains. Samara 08/11/2015, division code 630-006

Address for correspondence: 443080, Samara, Karl Marx Ave., 192, office. 619 Tel. +7-917-151-82-72

Statement

about a crime

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned ___________________________ Z.S. Lebedev

02/19/2019, at approximately 11:45 a.m. in the afternoon, I found an advertisement on the Internet in the VKontakte group entitled “Rent, Rental, Sell, Rent / Real Estate Samara” at the address: https://vk.com/samarako30? w=wall-68416526_118041 (a screenshot of the ad is attached to the application). This advertisement indicated a phone number that could be contacted to rent an apartment, namely +7-917-812-75-88. The apartment itself was located at the address: Samara, st. Pobeda, 8G. I called the number provided, and a girl answered the phone and introduced herself as Diana. I told her that I had found an advertisement on the Internet, I liked the apartment and would like to rent it. To this, Diana explained to me that for this I need to go to the address: Samara, st. Polevaya, 71. At 13:00 that day I found myself at this address and clarified where I needed to go. Diana said that I needed to go through the door of the office center, go up to the 2nd floor and go into office No. 206. As soon as I entered this office, where there were many people at their desks, I was called out by a girl sitting horizontally in the very in the far corner from the entrance, that is, to the left of the entrance and next to the window. She introduced herself as Diana and offered to conclude a subscription service agreement dated February 19, 2019 (attached to the application), according to which LLC1, hereinafter referred to as the “executor,” on the one hand and gr. Lebedev Zakhar Sergeevich, hereinafter referred to as the “customer”, on the other hand, entered into an agreement that the Contractor undertakes, on the instructions of the Customer, to provide information and reference services on a reimbursable basis to provide information (certificates) about the real estate leased out. The cost of this agreement was 4,000 rubles (four thousand rubles), which I transferred through the Sberbank Online application to the card account FULL NAME1 (the transfer receipt is attached to the application). The specified transfer of funds is also confirmed by the act of accepting the transfer of funds to the subscription service agreement dated February 19, 2019. Diana also informed me that now I need to meet with the owner of the apartment at the address: Samara, st. Pobeda 8G in order to conclude an apartment rental agreement with him. Diana also informed me that I would soon receive an SMS message to my mobile phone number with the login and password for the program, with which I can view the list of apartments available for rent, as well as an SMS message with the phone number of the owner of the premises, which I I wanted to take it off. In addition, Diana said that all subsequent calls must be made through their company’s hotline, namely the phone number: +7-917-142-ХХ-ХХ.

After some time, namely at 13:49, I received a call from the specified hotline number and a girl unknown to me said that the owner asked to reschedule the meeting for the evening, since he was not released from work. I was also informed that the owner’s phone number is sent in an SMS message only when the owner himself is at the address of the residential premises that are being rented. I asked the girl who was talking to me to send me the phone number of the owner so that I could discuss the time of the meeting with him, but the girl refused this request and asked me to tell her the time when it would be convenient for me to meet with the owner, and she would already agree with him herself. I said that it would be convenient for me at 18:30 that day. The girl said that she would inform the owner about this time and let me know in advance whether they were able to reach an agreement. At 5:33 pm that day, I called the hotline again and asked the same girl if the owner could meet me at 6:30 pm, that is, at the time that I asked the owner to know. The girl explained that the owner works until 18:00 and will call me when he leaves work. On the same day at 18:31 I called the specified hotline number again and the same girl answered. I pointed out that the owner had not called me and asked the girl to call him to remind him that he should call me. At 6:41 pm that day, I again made a call to the hotline and asked the same girl if she had called the owner. The girl said that she had not reached the owner and assumed that he was late at work. The girl also said that as soon as she gets through to the owner, she will immediately call me back. I have not received any more calls from the numbers provided. The owner also didn't call me. All telephone conversations were recorded on disk and attached to the application.

The actions of unidentified persons cannot be correctly classified without conducting a pre-investigation check, however, their actions may show signs of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, namely fraud committed by an organized group.

In the event that unidentified persons knew in advance that the apartment at the address: Samara, st. Pobeda 8G does not surrender or did not have contacts with the owner of the said apartment in principle, then their actions constitute a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, because by deception or abuse of trust they entered into a subscription service agreement with me dated February 19, 2019 and thus stole funds in the amount of 4,000 rubles (four thousand rubles). A sign of an organized group may be that individuals act for a long time according to a well-established scheme, clearly distributing roles and responsibilities.

In addition, I would like to add that, according to the extract from the Unified State Register of Legal Entities, the main and additional activities of LLC1 are everything related to vehicles. In this regard, the persons who entered into a subscription service agreement with me may have nothing to do with LLC1.

Based on the above, guided by Art. Art. 140, 144, 145 Code of Criminal Procedure of the Russian Federation,

ASK:

Conduct an investigation into the facts stated in this statement and initiate a criminal case if a crime is detected in the actions of unidentified persons.

Applications:

What should be in the application?

When filling out a fraud report form, you must follow the generally accepted structure of the document. To compile it correctly, it is recommended to use samples, which are usually placed on a stand at the police department. In this case, the application must contain the following information:

1) “Header” located in the upper right part of the sheet, which displays the details of the addressee where the applicant is submitting the document, and information about the applicant indicating:

FULL NAME.
Location addresses.
Contacts

2) Description of the event that occurred, listing the persons involved in the crime.

3) A petition expressing a request to investigate unlawful actions and initiate a criminal case under Art. 159 of the Criminal Code of the Russian Federation “Fraud” ...”.

4) Conclusion listing the attached documents, indicating the date of registration of the application and the signature of the applicant.

What documents should I attach to the application?

Documents confirming the fact of fraud must be attached to a written complaint about fraud. Such documents can be:

Receipts confirming non-cash transfers.
The contract turned out to be false.
Audio/video tapes confirming the deception.
Copies of printouts of telephone conversations and email correspondence.
Information about witnesses.
Other documents indicating that the applicant was misled or his trust was used.

Note : For giving false testimony, the applicant may be subject to liability under Art. 306 of the Criminal Code of the Russian Federation, regulating:

Fine up to 120,000 rubles or in the amount of annual income.
Correctional labor or imprisonment for up to 2 years.
If the informer fabricates evidence, then in this case he may be fined up to 300,000 rubles or imprisoned for up to 6 years.

How to file a report with the police about fraud through State Services?

A statement to the police through the State Services portal can only be sent to registered users. The registration procedure is simple and takes little time. To send an application, you need to follow the link and do the following:

Open the “Security and Law and Order” section
Then click on the “All services” button.

In the window that opens, you will need to select .
In the window that appears, perform the recommended actions.

The processing time for the application is 30 days from the date of registration of the application.

How to file a police report through the Ministry of Internal Affairs website?

To fill out the fraud form through the official website of the MFD, you need to follow the link:

1) In the window that opens, you will need to select the Ministry of Internal Affairs.

2) Then at the bottom of the page click on the “Continue” button.

3) Next, a page will open with text that you need to read and check the “Acquainted” box. This text provides detailed instructions for filling out the application form, as well as the deadline for its consideration.

4) After checking the box to read the instructions, you will need to click on the “Submit Appeal” button.

5) In the form that opens, you need to fill out all the fields according to the instructions you read and click on the “Send request” button.

6) After sending the completed form, the application is sent to the territorial department of the Ministry of Internal Affairs.

Note : The user is not notified that the application has been forwarded, so the applicant will need to clarify such information on their own. The result of consideration of the applicant's appeal will be communicated to the user within 30 days.

Time limits for considering a police complaint about fraud

An important factor necessary to consider a registered fraud complaint is the reason for the applicant's contact with the police. Typically, such a reason may be any violation of the legislative norms of the Russian Federation. In practice, most often, law enforcement services are faced with administrative offenses. Therefore, depending on the circumstances, the time frame for considering the application and taking action may vary.

For example, any application must be considered within 3 days from the date of its registration. However, one must understand that it is not always possible to objectively assess the situation during this period. After all, to study the application, it will be necessary to interview witnesses and make the right decision. Therefore, the time frame for considering citizens' appeals to the police can be changed upward on legal grounds, in accordance with Part 3 of Art. 144 of the Criminal Code of the Russian Federation. If the time frame for considering an application of an injured citizen increases, police officers must notify the applicant about this, indicating the reasons.

Reasons for changing the deadline for consideration of an application may be:

The need for additional time to interview witnesses.
Waiting for the results of the expert assessment.
Insufficient information about the event that occurred.

In some situations, the investigation is delayed for reasons beyond the control of law enforcement agencies. For example, if the results of the examination have not been received, or the person who committed the offense is wanted, then in this option the decision-making and response to the applicant can be delayed for a period of up to 30 days.

After the expiration of the 30-day period, the applicant must provide a response in which they must inform him about the satisfaction of his application or about the refusal to initiate criminal proceedings, indicating the reason for the refusal.

How can a citizen file a police report about theft?

The responsibility to receive and register statements and reports of crimes, administrative offenses and incidents is assigned to the police (clause 1, part 1, article 12 of the Law of 02/07/2011 N 3-FZ).

To draw up and submit a theft report to the police, we recommend following the following algorithm.

Step 1. Determine the amount of damage caused

If you discover that property has been stolen, determine what items were stolen and in what quantity, as well as their approximate value.

If the value of the stolen property is no more than 2,500 rubles, and there are no aggravating features, the illegal action is petty theft, for which administrative liability is provided. In other cases, criminal liability is established for theft (Article 7.27 of the Code of Administrative Offenses of the Russian Federation; Article 158 of the Criminal Code of the Russian Federation).

Step 2: Submit your application

The application may be made orally or in writing. The written application is drawn up in free form. It should indicate your full name. (patronymic name - if available), circumstances of the theft (estimated place and time), amount of damage caused with a description of the stolen items (it is advisable to indicate the distinctive features of the stolen property), date and signature (parts 1, 2 of Article 141 of the Code of Criminal Procedure of the Russian Federation).

An anonymous statement about a crime cannot serve as a reason to initiate a criminal case (Part 7 of Article 141 of the Code of Criminal Procedure of the Russian Federation).

Step 3: File a police report

You have the right to submit an application for theft at any time of the day to the operational duty officer or other authorized employee of any territorial body of the Ministry of Internal Affairs of Russia, regardless of the place and time of the crime (clauses 8, 9, 14 of the Instructions, approved by Order dated August 29, 2014 N 736 ; clause 13 of the Regulations, approved by Decree of the President of the Russian Federation of December 21, 2016 N 699).

When accepting a written application, you will be warned about criminal liability for knowingly false denunciation, about which a mark is made, certified by your signature (part 6 of article 141 of the Criminal Procedure Code of the Russian Federation; article 306 of the Criminal Code of the Russian Federation; paragraph 17 of the Instructions).

Step 4. Receive confirmation of filing a police report

When an application for theft is received at the duty station of the territorial body of the Ministry of Internal Affairs of Russia, the operational duty officer will issue you a notification coupon, in which he will indicate, in particular, his rank, full name, address and office telephone number, the date and time of receipt of the application, and will also sign.

Upon receipt of a notification coupon, you must sign the coupon stub, which remains in the duty station, and indicate the date and time of receipt of the notification coupon. You have the right to appeal a refusal to accept an application to the prosecutor or to the court (parts 4, 5 of Article 144 of the Code of Criminal Procedure of the Russian Federation; paragraphs 34, 35 of the Instructions).

A decision on a submitted complaint about theft is made within three days from the date of its receipt. When checking a report of theft, authorized employees have the right, in particular, to receive explanations and inspect the scene of the incident (Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation).

Assistant Prosecutor

Trusovsky district of Astrakhan Chaadaev A.O.

How to file a police report regarding online fraud?

The applicant does not always have the opportunity to personally visit the police department to serve a fraud report. This may result from:

The victim's stay in the hospital after the crime.
Fear for your life.
Other reasons beyond his control.

However, such a request can be sent to the police using the Internet, through the State Services portal or through the official website of the Ministry of Internal Affairs. This form of request to the police has its pros and cons.

The advantages include:

No connection to the regime of law enforcement services.
A homely environment that allows for a calm presentation of events.
If the applicant becomes ill.
Reduced time to submit an application.

The downside is:

The applicant must be registered, which may be difficult.
Problems with the functioning of the Internet portal.
No or poor internet connection.

What to do if they refuse to initiate a case?

It should be noted that law enforcement agencies in any case are required to register the application of the person who applied. Even if the injured person applies to the police department, which is not authorized to resolve such issues, his application must be accepted and independently forwarded to the desired department.

If the police department refuses to accept an application or receives a response refusing to initiate criminal proceedings, the applicant has the right to file a complaint with the prosecutor's office. If a refusal is received from the prosecutor’s office, then in this option you can go to court with a claim for the inaction of law enforcement officials.