Theft of a mobile phone: corpus delicti, article of the Criminal Code of the Russian Federation

Phone theft, Article 158 of the Criminal Code of the Russian Federation, is the most common crime in recent years.
Almost everyone has encountered it in their life. Your device can be stolen at home, on the street, at school, on public transport, or at the workplace. Phones are often stolen from the most defenseless segments of the population - children and teenagers. To classify this crime, the Criminal (and not the Administrative) Code of the Russian Federation is used. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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The concept of “theft” according to the Criminal Code of the Russian Federation

Theft is the secret theft (appropriation) of other people's property. The charge for stealing a phone will be the same as for the theft of any property.

The offender may face:

fine;
forced labor;
arrest;
deprivation of liberty.

A crime committed by a child is processed by the juvenile department. Mainly the responsibility falls on the parents or their surrogates. They are ordered to pay damages and a fine. The child is registered.

The degree of liability will depend on many factors.

The most common are:

The age of the person who committed the offense (adult, teenager under 14 years old, from 14 to 16 years old).
The amount of damage caused.
Having a criminal record.
The number of participants in the theft.

It is worth remembering that persons under 14 years of age who steal a cell phone are not subject to criminal liability (they can only face spanking from their parents).

Is there a preventive measure in the law for this crime?

The Criminal Code does not focus specifically on phone theft. To seriously punish a criminal, it is enough to establish that he has suffered significant damage. The legislator considered that there was no need to separately spell out the word “telephone” in the law.

Thus, the theft of a “mobile phone” will be considered in accordance with Art. 158 of the Criminal Code of the Russian Federation, as theft.

Difference from robbery

It is very important to understand these differences, since the punishment depends on this and what exactly the attacker faces.

Theft, according to Art. 158 of the Criminal Code of the Russian Federation - committed secretly. That is, the owner of the property, during the commission of the crime, does not suspect that his phone was stolen and discovers the loss later. Or, he immediately discovers that there is no “mobile phone”, but does not know who committed the crime.

Robbery (Article 161 of the Criminal Code of the Russian Federation) is open theft. The victim sees the criminal and the crime being committed, but cannot stop him.

Example: a man on the street is talking on the phone, an attacker runs up to him, snatches the phone from the owner’s hands and runs away.

Difference between theft and discovery

It is important to distinguish these two things from each other. After all, if a person stole a phone, then he is recognized as a criminal, and the penalties established by the Criminal Code are applied to him. If someone found a phone, then such an act cannot be classified as a crime. But the line is very thin.

According to the norms of the Civil Code of the Russian Federation, in particular, Art. 227, who has found some thing must notify the owner of this fact. If this was not done, then we can say that theft was committed.

The Supreme Court of the Russian Federation proposes to focus on the subjective side of the act. Namely:

It is necessary to determine for what purpose the person took someone else’s phone. If this was done in order to transfer the property to the owner, then there can be no question of theft.
It is necessary to establish whether there was a mercenary motive: whether the person accused of committing a crime wanted to keep the mobile phone for himself or sell it, for example. If self-interest took place, then it is worth talking about theft.

It is important to pay attention to the objective side. Firstly, theft, according to the RF Armed Forces, is not necessarily some kind of active action aimed at removing an item from the owner’s possession.
It is not necessary to become a criminal by reaching into the victim’s pocket and pulling out the phone. If, for example, an item is lost by the owner somewhere in a shopping center, then the person who picks it up and keeps it for himself becomes a thief. The thing is that a telephone is an object whose owner is quite easy to identify. You just need to call several numbers available in the “Contacts” section of the device.

If, for example, a watch without any “identification marks” is found in the forest, then that’s a different matter. Although here you can advertise the find. A telephone or a car are things whose owner is easy to find.

Thus, in order to differentiate the theft of a cell phone from its discovery, it is necessary:

Find out what the intention of the person who found the “mobile phone” was, and how he wanted to dispose of the property.
Analyze what actions were performed by the person who found the phone.

This will allow us to draw clear conclusions.

Recommendations for detecting a phone are as follows:

Don't touch the thing. Of course, there is a risk that then someone else will see it and appropriate it for themselves.
Report the discovery to the police or, at a minimum, to the administration of the institution where the phone was found.
Try to contact the owner.

That is, to exclude those signs that theft has, in particular, theft.

Criminal liability for theft of a mobile phone

What happens if your phone is stolen? How much do they pay for stealing a phone? What will be the consequence? Phone theft - what is the punishment?

If an adult citizen has no previous convictions, then he faces:

payment of a fine in the amount of up to 18 minimum working salaries (from 135,000 to 200,000 rubles);
compulsory work up to 240 hours. These are public works to improve the territory of residence (city, village);
execution of up to two years or prison term. This measure is provided if the crime was premeditated and carefully planned.

The punishment will depend on the cost and circumstances of the offense. The essence of any punishment is to prevent a new crime.

If a person has a criminal record, he will be deprived of his liberty and will serve a prison sentence.

If the offender did not serve the entire sentence for a previously committed crime, but was released early, then the time of the unserved sentence will be added up to the time of imprisonment under the new sentence.

For example, for stealing a mobile phone they gave 2 years in prison. Previously, the offender served his sentence and was released on parole 1 year before the end of his term, then the new term of imprisonment will be equal to three years. It is worth considering that for committing a recidivism, the punishment period will be from 1 year and 6 months. The duration of the crime in this case does not matter.

If the theft was committed by a group of persons, punishment will be incurred not only by those who directly participated in the theft, but also by those who contributed to the commission of the act. The perpetrator of this crime faces imprisonment for up to 5 years. If an adult attempts to commit an offense by inciting a minor, he faces up to 8 years in prison.

If the victim was seriously harmed during the crime, the sentence may range from five to eight years.

Ways to protect your mobile device

How to protect your phone from theft? There is only one way out - keep it with you and carefully monitor your own things.

But in order to protect personal information and make using a stolen device almost impossible, there are many more ways:

Remote blocking - invented by Apple, allows you to block phone functions even at long distances, you can download it in any application store;
Fingerprints – used to unlock the device; the scanner recognizes only those fingerprints that are entered into its database;
Sound alarm – downloaded from the app store, works even on cheap models;
Password in the charger - does not accept someone else's charge, is one of the most radical ways to protect mobile phones from theft;
Installing a bright green display backlight – gives the gadget the appearance of an old monochrome model that is no longer in demand;
Registering the device with the telecom operator - in this case, the operator will start blocking the phone by imei after theft. This will make it inactive even after changing the SIM card. True, after blocking, not only the thief, but also the legal owner will not be able to use the mobile phone for its intended purpose;
Blocking a phone number will make making calls and banking transactions problematic;
Using a complex PIN and screen lock;
Application of ultraviolet marks - done with special ink, makes mobile identification easier.

Now you know what the consequences of phone theft will be, and you will be able to protect your rights if they are violated. Be attentive to your own things and give up the idea of appropriating someone else’s!

What to do if you find a phone

If you accidentally find an ownerless phone, then you need to try to find the owner of the mobile phone.
To do this, you can turn on the phone and examine the list of contacts, select the most frequently used one, make a call, identify the owner and arrange for the return of the phone. If the phone was found in a public place (cafe, store, public transport), then you need to give the phone to the staff (salesperson, waiter, driver). In this case, it is worth writing down the first and last name of the person to whom you gave the cell phone, as well as the number of the bus or taxi where it was found.

Remember, by keeping the find for yourself, according to the law, you are committing a crime. This is already theft of a mobile phone.

Make every effort to:

find the owner;
return the item to him.

Or contact law enforcement authorities with a statement about the find. Then you will be able to avoid punishment for this act.

When your phone is stolen, it is not always possible to detect the loss immediately. If you notice a person who committed a crime, try to remember the signs of this person. If you are in a crowded place, draw the attention of others to the thief.

It will be better when several people remember the signs of the criminal.

Take contact information from all witnesses to the crime:

FULL NAME;
telephones.

Such actions will help the police.

What is considered attempted theft?

A crime such as theft is considered completed after the thief has not only received the property, but can also freely dispose of it, for example, sell, donate, use it himself, etc.

Helpful information

Attempted fraud (if proven) is criminally punishable only if the purpose of the crime was property on a large or especially large scale (over 250 thousand rubles).

The attempted theft is described in Article 30 of the Criminal Code of the Russian Federation. Attempt is understood as a situation where the criminal really intended to commit theft and had already taken certain actions in this direction, but did not complete the matter due to circumstances beyond his control. The most striking example is shoplifting, when the thief put the goods in his pocket, and at the checkout (or even already at the door of the store) was stopped by security officers.

An attempted theft can occur even when, in fact, the thief has not yet managed to take anything; for example, an attacker entered a house to steal, but did not have time to steal anything and was caught by the owners of the home.

Another option for an assassination attempt is a mistake in the subject of the theft. For example, a criminal took a thick envelope from a passenger’s pocket on a bus, assuming that it contained money, but it contained receipts for payment.

How to properly file a theft report

As soon as you discover that your mobile phone is missing, immediately contact the police with a statement.
The text of the statement itself is written in any form.

But there is a list of information that must be indicated:

Full Name;
registration and residence address (if they do not match, then indicate both);
contact numbers (mobile number of a loved one or your second number, home and work phone);
passport details (series, number, by whom and when it was issued);
the time the crime was committed (at least approximate), the place where it occurred (name and address of the store, cafe; street or area where you suspect your cell phone was stolen);
an accurate and detailed description of the device (dimensions, color, model, presence of chips, scratches or abrasions). If the documents for the phone are saved, then the IMEI is also saved. This will greatly facilitate and speed up the search;
If you saw a person who committed theft, be sure to indicate signs in the statement, describe his appearance and clothing.

It is better to prepare the application in two copies, indicating the number and date of registration on the second copy, which will remain with you.

Remember, the sooner you contact law enforcement, the more likely it is that your phone will be found.

Drawing up an application

How to write a report about the theft of a mobile phone? This document is drawn up in free form and contains the following information:

Applicant details – full name, passport series and number, address and contact number (home or relative’s phone number);
A detailed description of all the details of what happened;
An indication of the estimated location and time of the incident (if you don’t know exactly, you can indicate the area);
Description of the alleged criminal (full name or special characteristics of this person);
Description of the mobile device – color, model, distinctive features (chips, cracks, decor, scratches, presence or absence of protective film or glass and case);
IMEI is a 15-digit identification number that is assigned to each telephone and is written on the box. Upon completion of the case, this identifier will be proof that the found device belongs to you. An alternative to this number is a receipt, warranty card, technical data sheet of the product and other documents. In addition, using IMEI, the mobile operator will be able to accurately track where the criminal is located.

The application is written in 2 copies - one is given to the police officer, the second (indicating the incoming number) must remain with you.

For each application, a special check is carried out, as a result of which law enforcement agencies either initiate a criminal case on the basis of theft, or issue a decision to refuse (for example, if there was no theft, and the applicant found the phone at home/in a bag/pocket, etc. .).

Many people ask, is there any point in writing a statement if a mobile phone is stolen? Of course it makes sense!

Moreover, in most cases, the successful outcome of the case depends precisely on the efficiency of the victim, because crimes of this kind are solved only without delay.

If you have a large amount of money on your mobile account, contact your mobile operator and ask to block the number. If the phone number is linked to a bank card, and you have lost your wallet along with the device, urgently call the bank and block the cards.

Where to file a report about a missing mobile phone?

If you are sure that your phone has been stolen, you need to contact law enforcement agencies (police). It is important to remember that the application is submitted not at the place of registration of the victim, but where the crime was committed.

Pre-investigation actions are carried out for a period of no more than 30 calendar days. During this time, you have the right to find out who will be conducting the investigation and to learn about the progress of the review of your application.

It is known that this kind of crime is not a priority and it is possible that law enforcement officials will not rush to clarify the circumstances.

You need:

monitor the progress of the event;
find out what work has been done.

Such actions will help solve the crime without delay.

If the criminal who committed the crime was detained, but does not have the stolen phone, then during the investigation you can:

file a claim in which you must indicate the amount of compensation for the damage caused to you;
file a claim in court for compensation for moral damage. Indicate the approximate amount at which you estimate the moral suffering caused to you. The final amount will be determined by the court.

If the accused manages to pay the cost of the stolen item before sentencing, the court takes this into account and softens the final decision. It is better to receive money from the defendant in the presence of a third disinterested person or at the police station.

Examples from judicial practice

In the Chelyabinsk region, the South Ural People's City Court convicted citizen Z. of theft.

He was found guilty of being drunk and, together with his friend, citizen M., on September 19, 1993, came directly to the premises, which he had previously visited with the permission of his friend, citizen L., and stole a mobile phone with a total value of 30,000 rubles.

This property belonged to the injured citizen G., who was the mother of citizen L.

A case was registered regarding this incident and during a detailed investigation, the phone was found by the police and handed over to its owner.

The thief received the appropriate fine , but since he was unable to pay it, he was forced to serve correctional labor.

Distinguishing theft from related crimes

It is worth remembering that theft is a non-violent crime, but the secret appropriation of property that does not belong to the thief for the purpose of profit and enrichment. And fraud is theft by deception or abuse of trust.
In case of theft, secret appropriation occurs without the consent of the victim. In fraud, the victim voluntarily transfers his property or the right to it.

If appropriation occurs from an incapacitated person, even with his voluntary consent, but fraudulently, then this is theft.

Discrimination from embezzlement and embezzlement - in this case, everything depends on the subject of the crime. If the subject is a person who is legally entrusted with property and the perpetrator uses it for personal gain, then this is embezzlement or misappropriation. In case of theft, a person has access to the property, but has nothing to do with it.

The distinction from robbery - it all depends on the method of theft. When the seizure is unnoticeable, secret, it is theft. If the crime is completely open, it is robbery.

The ultimate goal of theft is to enrich the criminal, i.e. he pursues selfish goals. Theft is the taking of property without a selfish goal, and even if it is present, it is satisfied in a completely different way than theft.

What is theft

In accordance with criminal law, theft refers to the secret theft of someone else's property. The key point in the definition is precisely the secret method of taking possession of a thing. The criminal must realize that no one is watching or aware of his criminal actions. For example, a thief carefully takes a wallet from the bag of an unwary tourist, while neither the victim himself nor the people around him see this.

This method of theft distinguishes theft from robbery, for example, when a drunken store visitor snatches a bottle from a display case and runs away. Even if the seller was distracted at that moment, but other buyers saw the thief, such actions will be regarded as robbery and not theft.
By the way, we will tell you more about theft in supermarkets here

It is worth noting that there are cases when, despite the fact that other people saw the theft, it will still be recognized as theft:

The witnesses are friends of the thief, and he knows for sure that they will keep the kidnapping a secret;
The thief himself does not realize that someone is watching his actions, for example, the criminal emptied the pockets of a man sleeping on a bench, and this was seen from the balcony by a tenant of a high-rise building.