Self-service stores were originally created for the convenience of customers - you take what you like, and not what the seller slips you. In addition, there is a marketing ploy here - when the product is available, people buy more.
But such a system led to massive and regular thefts due to the same availability. Today we will tell you what the consequences of theft of up to 1000 rubles are.
Until a penalty of 90 days, the offer is carried out only in a qualified certificate. If this offer is exceeded, it can also be found in a simple certificate. If the convicted person is caught shoplifting again, it is very likely that freedom will be imposed. In addition to criminal measures taken by the judiciary, the affected transactions usually impose a one-year ban on the shop floor.
Shoplifting: Bad Cards When Buying Crime
The poor cards are those who are punished by the so-called "criminalization of procurement", since the prosecutor's office has a number of criminal offenses, such as a crime, since the accused enters the business for a specific purpose. This is mainly about combating the drug trade, which supports their livelihood and drug consumption through shoplifting.
Qualification of the crime
Before talking about the impending liability, you need to understand the qualifications of the crime, of which there are a great many in criminal and administrative legislation.
Additionally, the crime of domestic shooting may also be raised. More precisely, this means that first offenders who are prosecuted for procurement are usually given a prison sentence, which is usually not suspended. Despite serious legal penalties, shoplifting is one of the most frequently cited crimes in Germany. Youth offenders who have not yet completed their year of life enjoy special protection under the German criminal code.
Circumstances affecting the punishment for shoplifting
That is, they cannot be held responsible for their actions. Theft is regulated by the Criminal Code. The law provides for imprisonment of up to five years or a fine in case of total theft. Certain circumstances of the theft may increase the possible fine. If, for example, theft is theft, § 244 (1) no. 2 applies and only a prison sentence is possible. It then ranges from six months to ten years. Additionally, anyone who commits theft with a weapon must face a higher fine.
So, shoplifting up to 1000 rubles. belongs to the category of petty theft and is punishable in accordance with the norms of the Code of Administrative Offenses of the Russian Federation. But this is true for those cases when the crime was completed and the thief managed to dispose of the stolen property. What does it mean to dispose? This is if you stole, for example, a chocolate bar and managed to eat it by the time you were caught. If this did not happen and the thief was simply detained at the exit of the store with all the stolen goods, then the crime is classified as attempted petty theft.
Already a pocket knife. Sebastian Fibiger: Are you caught in the claws? Has your case gone to court? What punishment did you receive? Were you the first or repeated criminals? Write to us your experience, additions and questions - right in this article, in the comments. You also help other readers.
If you are accused of theft, you should not take responsibility. Criminal law for adults or adults? First, it is critical to determine whether juvenile law or adult criminal law applies. If you are over 21 years of age, adult law always applies. For people between 14 and 18 years of age, youth criminal law applies.
Theft of more than 1,000 rubles is already a criminal offense with serious punishment.
However, it is worth knowing that, based on the clarifications of the Supreme Court of the Russian Federation, the amount of damage is calculated based on the actual cost of the goods, determined in accordance with the purchase price or by involving experts. That is, the store markup is not taken into account here. For example, if you stole a couple of bottles of wine with a total cost of 1,200 rubles, but the store purchased them at a price of 450 rubles. per piece, then the crime relates to petty theft.
In the case of so-called teenagers, who are people between 18 and 21 years of age, the question applies to juvenile criminal law or adult criminal law. If a teenager is a young person of his personality, a young person or is a typical violation for youth, then, according to Jugendstrafracht. In practice, theft is usually used by juvenile offenders.
Typically, parents will know that the young person is being identified. Any letters from the police are sent to those entitled to education so that the procedure cannot be kept secret. Police representations - what to do? After the theft, you will either receive a written hearing from the police or be summoned to a hearing.
The new target is a SIM card
Hello! Inspired by telephone scammers. Nobody needs your stolen phone; most likely it has a PIN code and cannot be unlocked. Thieves are interested in your SIM card, since most likely the PIN code is disabled on it and you can insert it into any other phone and log in to the bank/broker application and do a lot of business, since authorization takes place via SMS. I can’t speak for all operators, but Megafon has a default PIN code of 0000.
Guys, set a PIN code on your SIM cards!
Responsibility
The Administrative Code does not provide for punishment for attempted petty theft. Therefore, if the stolen goods are confiscated when leaving the store or at the checkout, you can get away with an apology.
You are not obligated to pay damages or any fines to the store, although its employees will probably demand that you do so in order to “hush up” the matter. In fact, there is no case and cannot be if you acted alone.
On the hearing sheet, you must provide information about the person, i.e. name, address, date of birth, marital status, profession, etc. The matter itself - and should not express itself. You do not have to show up for questioning; this may not be disadvantageous for you either. As an accused, the right to remain silent is one of the most important rights you have to exercise.
If you have received a hearing sheet or subpoena, it is a good idea to have an attorney take care of the paperwork and discuss the procedure. With the supposedly crafty statement to the police, many clients have already shot at their target! Keep in mind that the defense at the preliminary investigation stage is better than after prosecution.
Attempted theft of less than 1,000 rubles, committed by a group of persons, falls under the norms of Part 3 of Article 30 of the Criminal Code of the Russian Federation. Here you “shine” no more than ¾ of the maximum possible sentence that you could be sentenced to for a completed crime. For example, if the article provides for the maximum possible punishment of 2 years in prison, then you will be given no more than 1.5 years.
Someone who has been punished for the first time can usually expect leniency. In case of theft, the procedure is often stopped or only a very low monetary penalty is imposed. But those who frequently “let go” should expect stiffer fines. Whether a charge is dropped or charged at trial depends on the circumstances of the individual case. In the case of theft of low value items in particular, settings are often set. Low-value goods are those whose value is below the limit established by case law.
If, nevertheless, a crime has taken place and the offense is recognized as completed, petty theft is punishable in accordance with Art. 7.27 Code of Administrative Offences:
- a fine in the amount of five times the value of the stolen property, but not less than 1000 rubles - the minimum punishment;
- arrest for up to 15 days is the maximum measure.
Theft in an amount exceeding 1000 rubles is classified as a criminal offense and is punishable in accordance with Art. 158 of the Criminal Code of the Russian Federation. The punishment for theft from 1000 rubles is as follows:
Theft of such low value items is carried out only at the request of the injured party, which is usually carried out by department stores and supermarkets. In the case of installation, method customization options are usually considered without restrictions or with restrictions in case of theft.
Often, the procedure for paying a financial obligation is terminated. You must agree to this form of relationship. If the prosecutor's office does not drop the proceedings against you, a penalty order will often be issued. This is a written solution to avoid major negotiations, especially in cases of massive fraud such as theft.
- a fine of up to 80 thousand rubles or imprisonment in a correctional institution for up to two years - in accordance with part 1 of the article (if the theft was committed alone);
- a fine of up to 80 thousand rubles or imprisonment for up to five years - in accordance with Part 2 of the article (if the theft was committed by a group of persons).
Cases of repeated criminal acts (both theft and petty theft) are punishable by the same articles of the Criminal Code. However, recidivism of crimes is a basis for awarding a more serious penalty. For example, if the first time the court imposed a fine of an insignificant amount, then a repeated crime may entail punishment in the amount of the maximum possible fine or imprisonment.
A fine of up to 360 days or imprisonment of up to one year may be imposed. You may object to your order within two weeks of the date of your notification. The result of the opposition is an oral hearing. In the main negotiations, a more severe penalty than in the offer may be applied.
Money or jail time. What kind of punishment you are facing specifically cannot be foreseen. Many factors are decisive, criminal prosecution, behavior after the crime, etc. if there is no criminal record, there will usually be a fine in the room. The fine will be based on the daily rates calculated by the court. The basis is the monthly net income, deductible service obligations, and the remainder is divided by 30. Once the decision is enforced, you will be prosecuted by the prosecutor for paying a fine.
A subscriber is not a subscriber: what to do if your phone is stolen
If your phone ends up in the hands of criminals, don't panic. We tell you how to protect your data.
Are you about to order pizza or call the office and suddenly realize that you don’t have a smartphone? Empty in your pocket, empty in your bag, didn’t your friend take it? The phone may have been stolen. But wait, panic. If you read our post on how to protect your smartphone and the data on it in case of theft, and followed all the advice, you can breathe out - your important information is safe, and you can restore it on your new phone. However, even if your smartphone ends up in the wrong hands unprepared, there are several ways to reduce the damage.
What you need to know about goods accounting
- Data is entered into the accounting service at each stage: acceptance, setting the retail price, sale, return and write-off.
- Accounting helps track the movement of goods from the supplier to the end consumer and control stock balances.
- The service increases business efficiency: with it, the store eliminates cashier theft, systematizes purchases, and does not “freeze” money in the warehouse.
- Taking into account the store does not need a storekeeper, merchandiser and manager. The accountant receives ready-made reports and spends less time.
- Goods accounting is similar to working with labeled products. The store has implemented accounting, which means it is ready for mandatory labeling.
Accounting for goods without accounting programs
The Dreamkas office helps cash register owners accept goods from suppliers, keep track of warehouse balances and monitor sales efficiency.
If a store sells labeled goods, the service has everything you need - from acceptance to write-off.
You are forced to leave your bag in the storage room
You are returning from a hike with a backpack and decide to go to the supermarket for bread. But the security says they won't let you in until you leave your bag in the storage room.
What to do
By inviting you to leave your bag in the locker, the supermarket offers you to enter into an agreement to store the item in exchange for a key with a number. And you can refuse the Civil Code of the Russian Federation Article 421 - no one has the right to force you.
If you are not allowed into a store with a bag, this violates your right to make a purchase. It is illegal for a supermarket to choose who to sell a product to and who not to sell it to, Article 426 of the Civil Code of the Russian Federation. A record of the violation should be left in the book of complaints and suggestions, photographed and contacted by Rospotrebnadzor.
Good script
The thief received your phone locked, all the information on it is encrypted, and the SIM card is protected with a PIN code. In this case, what remains to be done is this:
We also recommend remaining vigilant after the theft. In the case of expensive smartphones, thieves often use the same backup number of a friend or relative to use phishing or social engineering to trick the owner of the stolen smartphone into giving them the password for their Google account or Apple ID. If they succeed, they will be able to unlink the device from their account, reset it and sell it at a higher price, instead of dismantling it for parts.
Here are two real stories about how this happens: with phishing SMS supposedly from Apple “your iPhone has been detected” and a call from a compassionate service center employee if the SMS did not work. In a word, we recommend treating all calls and SMS related to a stolen phone with the utmost suspicion and under no circumstances entering or sharing your Google account or Apple ID password.
Your bag was stolen from the storage room
You checked your backpack into the storage room and didn’t find it there when you returned. Security and store administration point to a sign that says that employees are not responsible for the contents of the cells, and refuse to talk.
What to do
Such signs are illegal: as soon as you place the bag in the storage room and take the key with the number, a legal relationship arises between you and the store. On this basis, the retail facility assumes the obligation to store the buyer’s item and return it safely.
Vladislav Varshavsky
managing partner of legal
The store must compensate the buyer for losses caused by the loss of the bag and its contents. The victim may also make a claim for compensation for moral damage caused.
Varshavsky also advises filing a criminal complaint regarding the theft with the police.
Accounting for write-off of goods
The store writes off goods when they cannot be sold: they are lost, spoiled, or have passed their expiration date. Accounting helps to identify shortages and update balances.
Inventory. To accurately know the balances, the store conducts an inventory. The responsible employee downloads the file from the accounting service, prints it and compares it with the actual quantity of goods. There were fewer goods - this is a shortage. The total quantity is correct, but there are not enough of some goods, and too many of others - this is mis-grading.
Documentation. The shortage or mis-grading must be recorded in a document and the reasons indicated.
Withdrawal from balance. The employee updates the actual balances in the store with the accounting service - they unload the current ones and load the actual ones.
The kefir in the dairy department has expired. At the end of the shift, store employees take inventory and write off the goods - draw up a report. Actual balances are uploaded to the accounting service.
Bad script
We've dealt with a relatively good option, now let's talk about a more unpleasant option: the smartphone is in the wrong hands, and it is not protected - maybe it doesn't even have a screen lock installed. In this case, you need to act quickly. The first thing you'll need is another phone that can make multiple calls. Ask to call at a store, cafe, or stop a taxi and borrow the phone from the driver.
Block your SIM card
The first call is to your mobile operator. Notify your operator's employee about the loss of your SIM card and ask for help blocking it. After successfully blocking the SIM card, the thief will not be able to impersonate you - call from your number or receive an SMS with a confirmation code to change your password or confirm any transaction.
Warn your loved ones
The second call is to one of your close friends or relatives. Calmly explain that the phone was stolen, but everything is fine with you. Ask them to warn their friends that you may receive messages or calls from strangers from your number with requests to send money or questions that should be ignored. It might also be worth asking them to post a warning on social media if you share the same circle of friends.
Lock your smartphone
To block a stolen smartphone, you will need the Internet. In addition, it is highly advisable to do this on a secure device, because you will have to enter a password. Therefore, get to home, work, or, if this will significantly save time, go to visit a friend who lives nearby.
First, sign in to your Google account or Apple ID. If you're doing this from someone else's device and you have two-factor authentication set up, this could be a problem. After all, for obvious reasons, you will not receive a confirmation code in an SMS or in an authenticator application - the phone was stolen. For Android devices, there is a procedure for changing the password without SMS. To do this, you will need to enter one of the backup codes that you received when setting up two-factor authentication. On iPhone, you can also restore access to your account by sending a verification code to a trusted phone number or device.
Once you have managed to log into your Google account or Apple ID, you need to do the following:
Untie the cards
Google and Apple may offer to do this when locking your smartphone using the Find My or Find Device , but if not, manually unlink your bank cards to the device in your account settings. There is no need to block the cards themselves - of course, unless they were stolen along with the phone.
For Android devices:
Add your smartphone to the stop list by IMEI
In some countries, you can not only block a SIM card, but also add a stolen phone to the stop list. To do this, the operator needs to provide IMEI - the device identification number. If you did not throw away the box in which the phone was sold, and you have it at hand, then this number can be found on it.
On Android you can also find it through the Phone Finder .
For iPhone, this can be done at appleid.apple.com:
In theory, after the operator blacklists the IMEI, the smartphone will not be able to connect to the mobile network even with a different SIM card. This service is available, for example, in the USA, UK, Turkey, Latvia and some Latin American countries. It is not available in Russia yet, but perhaps it will appear soon.
