Documents were stolen: what to do? Report of theft. Document recovery

If your apartment documents were stolen, do not panic. There are many unpleasant moments in life, and this situation is far from the rarest. Documents for a residential property are often stolen in order to later sell the property or pledge it. If you are the direct owner, you will need to take action to resolve the problem.

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Punishment for stealing documents

It’s worth starting by pointing out that the theft, damage, destruction or concealment of official documents is Article 325 of the Criminal Code of the Russian Federation. Such actions, as a rule, are of the nature of direct intent. They are carried out out of personal interest or self-interest. Have your documents been stolen? Got your driver's license stolen? These are truly criminal acts, which can result in the following types of punishment:

• fine up to 200 thousand rubles;
• a fine in the amount of the accused’s salary for up to 18 months;
• carrying out compulsory work for a period of up to 500 hours;
• carrying out corrective labor for a period of up to two years;
• forced labor for up to one year;
• imprisonment for up to a year;
• imprisonment for up to 4 months.

If the direct intent of a criminal act has been proven, then any of the presented punishments can be quite realistic. What is meant by direct intent? This is an idea of ​​possible negative consequences, an understanding that a crime is being committed. For example, robbers who stole a car, but did not realize that it contained documents for the car, will be convicted of stealing a car, but not for stealing documents.

Passport stolen: we go to the police station

What to do if the most important identification for a person, namely a passport, is stolen? It is necessary to contact the police as soon as possible. You really shouldn’t hesitate with this, otherwise quite serious problems may arise: for example, obtaining a loan using passport data or opening a fraudulent src=”https://businessman.ru/static/img/a/43355/313064/43003.jpg” class=”aligncenter” width=”700″ height=”382″[/img]

You must file a report of theft with the police. A sample is always available in the department. Everything needs to be stated on paper in as much detail as possible: when the theft was committed (or when the loss was discovered), what was stolen in addition to the passport, a possible description of the criminal, etc. The police, having accepted the application, will be required to issue a special notification card to register the incident.

Let's go to the Main Directorate of the Federal Migration Service

With the coupon that was issued at the police station, you will need to go to the local branch of the state administration of the Federal Migration Service (formerly FMS). In addition to the coupon, you will need to take with you the following documents to restore your passport:

• statement of theft (a sample is not needed here, the form can be free);
• application in 1-P format about the need to issue a new passport;
• a receipt for payment of the state fee of 1,500 rubles;
• 2 personal photos.

At the same time, GUFMS employees can also ask the citizen:

• military ID;
• birth certificate;
• Marriage certificate;
• document on registration at the place of residence and some other documents.

What can you say about the timing of passport production? As a rule, a new document must be produced within 10 days. However, if the applicant did not submit the application to the local GUFMS, or not all documents for passport restoration were submitted to the department, then the processing time may take up to 2 months.

The concept of theft and its proof

Theft in criminal law is understood as the illegal and illegal theft of other people's material assets, as well as money. In this case, the violator must have such signs as: the presence of malicious intent and selfish purpose.

Proving theft can be quite difficult, especially in situations where it involves secret theft. In this case, you can try to find the following evidence:

1. Witnesses. It is quite possible that the process of committing the crime was not so subtle. Strangers could see it, especially if the theft took place in a public place. In this case, the main evidence will be expressed in their testimony.
2. Video camera recordings. In today's world, these surveillance tools often help identify fraudsters, which means they can also provide serious evidence. If the theft was committed in a public place, for example, in a cinema or shopping center, you should definitely contact the administration and ask for the available records.
3. Special programs installed on phones and other means of communication. Modern devices and gadgets are often equipped with special programs that allow you to quickly determine their current location. If, for example, a phone has been stolen, using data from such a program as evidence will be very effective.

If the crime was expressed in the form of theft of funds, you should definitely remember and write down the denomination of the banknotes, as well as indicate the exact quantity. This information can also be confirmed by witnesses, if any.

Possible troubles

The mere fact that documents were stolen is already a big nuisance. However, the possible problems may not end there. Moreover, they will be created not by some criminal elements, but by servants of the law. What exactly are we talking about?

It is not always possible to prove that a passport was actually stolen. In such cases, the police may pay attention to the provision of the Code of Administrative Offenses of the Russian Federation, which establishes liability for the loss of documents due to negligence (Article 19.16). Of course, the sanction here will be negligible: only 100-300 rubles (from 2 to 5 thousand rubles for living at the place of registration without a passport). However, we have to agree: to feel “guilty without guilt,” and even after a real theft, is a truly bleak situation. But so far no one has canceled the appeal procedure, which can be used at any time.

Issuance of a temporary identity card

In the same Main Directorate of the Federal Migration Service, after all the necessary documents have been submitted to restore the passport, you can request a temporary identity card. There shouldn't be any special problems here. The relevant paper will be issued immediately, maximum in 1-2 days. Difficulties may arise, perhaps, for citizens of the Russian Federation who are carrying out the procedure for obtaining a passport in a region other than their own. Due to additional checks, you will have to wait a little. Is it possible to somehow speed up the process in this case? Probably yes. To do this, you will have to give as many identification documents as possible to the migration department: registration, driver’s license, international passport, etc.

The temporary identity card is valid for two months. If necessary, it can be extended, but there will be little point in this: a new passport should definitely be issued within two months.

Is it possible to recover lost papers?

Loss of housing documents is a serious problem. In this case, the citizen is not able to fully dispose of his real estate, since he cannot prove the fact of ownership of it.

In addition, there is a risk that scammers will use the original papers to implement their fraudulent schemes. The problem of lost papers during various real estate transactions is especially acute.

For example, the purchase and sale of a house or apartment will not be possible if there is a lack of title, title and technical papers for the object. Fortunately, housing documents are being restored. But for this you will have to spend a certain amount of time and effort.

A request must be submitted to a government agency. Restoring papers will be accompanied by a number of difficulties. As a result, the citizen will be issued a duplicate of the lost or damaged document.

Things are easier if the original document is damaged, but the owner’s details and data are visible on it.​​​​ If the package of housing papers is lost, you will have to prove your right to own the real estate.

Driving documents stolen: what to do?

Losing your driver's license is not an easy situation. In many ways, it is even more complicated than passport theft. If your driving license has been stolen, then contacting the police will be somewhat pointless; unless the victim is eager to “revenge” and wants to find the thief as soon as possible.

It’s worth starting right away with the sad. If your driver's license was stolen, the entire restoration process will take a considerable amount of time. Unlike the situation when a passport is stolen, there is no need to rush headlong to get it restored. Perhaps someone will find the rights and try to return them - in the Internet era this is not a problem. You will immediately have to be prepared for the fact that obtaining a new ID is a long and difficult process.

The victim must go to the Interdistrict Technical Department. inspection of transport and examination work (MOTOTRER). There you need to write a statement about the loss of documents (even if they were stolen; believe me, a statement about the loss is a much better option than a statement about theft). What documents will have to be submitted to MOTOTRER?

What should you do if you are accused of theft of which you are guilty?

The only advice we can give you in this situation is to confess to the crime and try to resolve the issue peacefully. The fact is that the legislation of the Russian Federation provides for a process of reconciliation between citizens, which makes it possible to drop absolutely all charges against the person who committed the offense. However, achieving such reconciliation is not so simple - it will be necessary not only to return the stolen property and pay compensation in case of damage (both material and moral), but also to completely resolve all disputes with the injured party . Only in this case can we talk about the complete abolition of criminal liability.

Confession will also be useful in case of major thefts or the inability to reconcile with the injured party. It will not be possible to completely drop all charges in this way, and a criminal case will still be opened, however, self-appearance, cooperation with the investigation and full admission of guilt (as well as payment of compensation) can significantly mitigate even the most serious cases of theft.

Documents required to restore a driver's license

Restoration of documents giving the right to drive a particular vehicle is possible only if the following documents are submitted to MOTOTRER:

• An application that will have to be requested at the branch itself. You will have to pay several hundred rubles for it, depending on the region. An application will need to be completed.
• Passport or temporary identity card, officer's identity card - for a military person.
• Certificate of registration at the place of residence.
• Application for payment of state duty (cost: about 800 rubles).
• Explanatory note with the circumstances of the loss.
• Resolution refusing to initiate criminal proceedings.
• A certificate of completion of a driving course (most likely, it will not be needed, since in most regions all data is in an electronic database).

Thus, a considerable number of documents will have to be submitted to the department. However, if more than one document was stolen, then, alas, you will have to get used to the paperwork.

How to recover a lost document

Along with the application, you must attach additional documents: certificate of registration of marriage, birth of children, divorce.

There are three ways to recover lost documents:

• Contact the authorized government agency that previously issued them.
• Come to an appointment with specialists at the government center.
• Get a duplicate through the website gosuslugi.ru. When applying through the State Services website, applicants pay a fee with a reducing factor.

To search for documents, you can contact the Lost and Found Bureau. Often, when contacting the Lost and Found Office, it is possible to find evidence that was lost at a train station or airport.

My driver's license was stolen: where to go?

So, all the necessary documents have been collected, and you can already send them to the appropriate authority. As already mentioned, contacting the police even in case of theft is a risky business. You will have to spend a considerable amount of effort and time. Not only will the servants of the law force you to “wait” for several months, but the result will also be a formal refusal: the reason for this, of course, will be the lack of material value in the driver’s license.

There are two options left: go to the traffic police MREO or MOTOTRER. In one of these two authorities, having previously found out the opening hours, you will have to stand in line at the desired window. The documents are given to the inspector and the submitted application is filled out. An employee of the authority checks whether there was a deprivation of rights in court. After this, the citizen is sent to be photographed. On the same day, the applicant receives new rights.

How to prove the absence of intent to steal?

The very fact of the theft was not the person who was sick and it didn’t matter to him where to go to the toilet in the store or to the window or to the door. He is sick, dementia, senile dementia. He's not a thief. And an adult with the mind of a child. I have already written that with my grandfather, who is sick with dementia, this is senile dementia, a person with a child’s consciousness. His wife was there, at some point she was distracted from the grandfather and he, without any malicious intent, stomped towards the exit from the store. Later, his relatives extorted an answer from him why he went, he could not explain in any way, he only said that there was an earthquake. It is clear that this is his sick imagination. But what does grandma have to do with it? When she already saw him at the door, she called out, but it was too late. The guards ran after him. Now, thank God, the charges against him have been dropped. But not with grandma yet. She's having a jury trial. Let me make a reservation: this is not the Russian Federation. She's so worried. Not only does it take care of a sick grandfather for days, but it’s also a grief. What should a grandmother do? How can I prove to her that she had no intention? She herself will soon go crazy. I feel so sorry for her. What can you do to help? There may be witnesses in court who will say that, although the grandfather explained in fits and starts why he left the store, that it seemed like an earthquake to him. Or maybe forensic psychiatrists could explain to the court what kind of disease this is? So what should she do? Please advise.

Lawyer Lebedev Z.S.

Good afternoon According to Article 73 of the Code of Criminal Procedure, during criminal proceedings the following must be proven: 1) the event of the crime (time, place, method and other circumstances of the commission of the crime); 2) the person’s guilt in committing a crime, the form of his guilt and motives; 3) circumstances characterizing the personality of the accused; 4) the nature and extent of the damage caused by the crime; 5) circumstances excluding criminality and punishability of the act; 6) circumstances mitigating and aggravating punishment; 7) circumstances that may entail release from criminal liability and punishment; circumstances confirming that the property subject to confiscation in accordance with Article 104.1 of the Criminal Code of the Russian Federation was obtained as a result of the commission of a crime or is proceeds from this property or was used or intended to be used as a weapon, equipment or other means of committing a crime or for financing terrorism , extremist activity (extremism), organized group, illegal armed group, criminal community (criminal organization). The circumstances that contributed to the commission of the crime must also be identified. According to Article 24 of the Criminal Procedure Code, a criminal case cannot be initiated, and an initiated criminal case is subject to termination on the following grounds: 1) the absence of a crime; 2) absence of corpus delicti in the act; 3) expiration of the statute of limitations for criminal prosecution; 4) death of a suspect or accused, except for cases when criminal proceedings are necessary for the rehabilitation of the deceased; 5) absence of a statement from the victim, if a criminal case can be initiated only at his request, except for the cases provided for in part four of Article 20 of this Code; 6) the absence of a court conclusion on the presence of signs of a crime in the actions of one of the persons specified in paragraphs 2 and 2.1 of part one of Article 448 of this Code, or the absence of consent, respectively, of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, the qualification board of judges to initiate a criminal case or bringing as an accused one of the persons specified in paragraphs 1 and 3 - 5 of part one of Article 448 of this Code. A criminal case is subject to termination on the grounds provided for in paragraph 2 of part one of this article in the case where, before the verdict entered into legal force, the criminality and punishability of this act were eliminated by a new criminal law. The termination of a criminal case entails the simultaneous termination of criminal prosecution. A criminal case is subject to termination if the criminal prosecution against all suspects or accused is terminated, with the exception of the cases provided for in paragraph 1 of part one of Article 27 of this Code. According to Article 96 of the Criminal Procedure Code, the appointment and conduct of a forensic examination is mandatory if it is necessary to establish: 1) the causes of death; 2) the nature and degree of harm caused to health; 3) the mental or physical state of the suspect, accused, when doubt arises about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings; 3.1) the mental state of a suspect accused of committing, at the age of over eighteen, a crime against the sexual integrity of a minor under the age of fourteen, to resolve the issue of the presence or absence of a disorder of sexual preference (pedophilia); 3.2) the mental or physical state of the suspect, accused, when there is reason to believe that he is a drug addict; 4) the mental or physical state of the victim, when doubt arises about his ability to correctly perceive the circumstances relevant to the criminal case and give evidence; 5) the age of the suspect, accused, victim, when this is important for the criminal case, and documents confirming his age are missing or are in doubt. Thus, in this case you need to apply for a forensic psychiatric examination.

Sincerely, lawyer Zakhar Lebedev, partner of the law firm Antonov and Partners.

Still have questions for your lawyer? Ask them right now here, or call us by phone in Moscow +7 (499) 288-34-32 or in Samara +7 (846) 212-99-71 (24 hours a day), or come to our office for a consultation (by pre-registration)!

Temporary driving permit

Does the applicant always receive a new driver's license on the same day of application? Unfortunately no. Sometimes the traffic police issues only a so-called temporary permit, and the full document will be provided only after 1-3 months (sometimes more).

Most often, a temporary certificate is obtained by a citizen who applies to the traffic police department of another region. The cost of a temporary certificate is 500 rubles. It will be considered valid only upon presentation of a passport. Contrary to popular belief, it is possible to drive a vehicle with a temporary suspension throughout Russia.

When a normal driver's license is issued, MOTOTRER or MREO traffic police will call the applicant. The citizen will have to pay another 800 rubles in state duty. Of course, no re-taking of exams is required. A very important point: if the old license was found, but the new one has already been issued, you must under no circumstances use the old ID! Otherwise, the motorist will face a fine of 15 thousand rubles.

From February 1, 2021, you can also obtain a driver’s license at the MFC.

Car documents were stolen

Along with the license, the registration documents for the car also disappeared. Have all your documents been stolen? What to do in such a situation? The procedure here is the same as in the case of restoring the right to drive a vehicle. The traffic police provides you with a passport, an application, and a purchase and sale agreement for a car (it’s unlikely that anyone will steal it, since no one carries such a document with them; if the contract is also stolen, it’s a bad thing). Having submitted all the papers to the traffic police, all that remains is to wait for further instructions.

Is it so sad when money and documents were stolen? As is already clear, there is nothing terrible in such a situation. Of course, there is little pleasure in the disappearance of important documents. However, today, restoring all the papers necessary for life is not such a difficult procedure.