If you become a victim of a theft charge, it is strongly recommended to remain calm and study the norms of domestic legislation, which will subsequently help you justify yourself and avoid punishment.
In this article we will tell you what types of theft exist and what legislative acts regulate them, what rights a person accused of theft has, who and how establishes the crime, what actions should be taken by a person who has been charged with theft.
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The legislative framework
Cases of false accusations of theft are found at every turn today: in a supermarket, in a cafe, at work, by a boss who wants to hide unplanned expenses by accusing one of his subordinates of theft.
In addition, accusations of theft can come from the most unexpected sources - from acquaintances, colleagues or even friends. Being confident of someone’s guilt, the citizen will send a complaint to the police, and after the fact of the complaint, an inspection will be carried out and, if the facts stated in it are confirmed, a charge of theft will be brought under Article 158 of the Criminal Code of the Russian Federation.
But if, during the verification of the theft application, it turns out that the accusation is fabricated, the applicant himself will be held accountable, but under Article 128.1 of the Criminal Code of the Russian Federation “On libel.”
It should be borne in mind that it is possible to falsify a theft charge in almost any situation. Example: a student saw a phone on a bench, who had forgotten one from the university stream, and took it so that no one would steal it and in order to ask fellow students who it belonged to. Subsequently, this action may be classified as theft.
New honorary title - “City of Military Glory”
Alekseev, S.P. Feat of Leningrad. 1941–1944: stories for children; [for Wednesdays school age] / Sergey Alekseev; artist A.
Therefore, the state assigned them monthly benefits, designed to remind them of the gratitude of the Government for the feats accomplished by the recipients of the funds.
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Sources
- Sergey Aleksandrovich Belolipetsky Management of apartment buildings. Theory and practice; Prospect - M., 1998. - 955 p.
- Kishenkova O. V. Social science. Preparation for the Unified State Exam in 2014. Diagnostic work; St. Petersburg [and others]: St. Petersburg - Moscow, 2014. - 203 p.
- Vitruk Nikolay General theory of legal liability; Russian State University for the Humanities - Moscow, 1990. - 265 p.
- Zakharova Tatyana Monetary and financial mechanism for transforming the Russian economy in the direction of its reorientation towards maximizing the synergetic effect; Dashkov and K - M., 2009. - 338 p.
- Goncharenko V. D. Institute of Humanitarian Intervention in Contemporary International Relations; Publishing solutions - M., 1988. - 209 p.
Rights of the accused
In accordance with Article 51 of the Constitution of the Russian Federation, any citizen of the Russian Federation has the right not to testify against himself or his loved ones, therefore, having received an accusation of theft, the falsity of which you have no doubt, you can safely remain silent until you contact a lawyer (or do not receive guaranteed free legal assistance).
You should also remember the presumption of innocence, according to which the accused person remains innocent until his guilt is proven 100%.
It does not matter who the accusation comes from - an individual or a legal entity. Until they provide sufficient evidence to prove your guilt, you will be considered innocent and will not be subject to arrest or other preventive measures.
A person who is unable to pay for the services of a private lawyer has the right to count on receiving free legal assistance from the state.
Every citizen who is confident that his legal rights and interests have been infringed has the right to protect himself by contacting one of the law enforcement or supervisory authorities on the basis of Article 128.1 of the Criminal Code of the Russian Federation or Article 152 of the Civil Code of the Russian Federation.
How to prove innocence?
If you are accused of theft, the fact of which is beyond doubt, you need to prove your innocence. In the absence of guilt, the criminal case must be terminated at any stage. To do this, the investigator, prosecutor or court are required to make a procedural decision.
The responsibility of proving the guilt of the suspect or accused lies with law enforcement and investigative agencies, but the outcome of the case will also depend on your actions. You must provide reliable information about your absence from the crime scene or an objective explanation of why your traces were found at the scene of the theft (for example, you visited this place for work, etc.). If stolen property is confiscated from you, you must prove that it was acquired in good faith (for example, a purchase and sale agreement).
In any case, if a criminal case has been opened against you, it is better to immediately seek help from our experienced lawyers.
Corpus delicti
In accordance with current legislation, the right to establish and confirm the corpus delicti is vested exclusively in law enforcement officials (police, prosecutor's office).
So, upon receiving a complaint about theft, police officers organize an investigative check in order to study the information provided in the statement. If the police refuse to carry out this event, the applicant has the right to apply again to a higher authority - the prosecutor's office.
Despite the fact that the jurisdiction of this supervisory authority does not include the consideration of civil petitions, its employees have the right to force law enforcement officers to focus on a specific civil petition.
As for applying to the judicial authorities with a claim for theft, it is advisable to do this only if the applicant has sufficient evidence of the commission of this crime.
What to do if yours is stolen?
So, you have discovered the loss .
It doesn't matter where this event happened.
Perhaps the theft happened in your apartment while you were away.
It is also likely that your wallet or other property of yours was taken out of your pocket while you were standing in line at a store or riding on public transport.
The first thing you should do is not panic.
Unfortunately, many victims begin to worry, start searching and thereby miss valuable time when the criminal has not yet sold the stolen items.
You need to clearly remember that you did not lose the item, but that it was stolen from you.
It's good if there is evidence of theft.
For example, this is a broken lock, a cut pocket, or so on.
If there are no visible signs of theft, but the item is missing, try to remember , perhaps you left the item somewhere or you lost it.
If there was no loss, then try to guess where the theft most likely occurred.
Perhaps someone was standing too close to you, or you felt some movement in your pockets or bag, or you saw some traces from your apartment where the theft occurred.
If any evidence is found, do not touch it with your hands .
If there is no evidence, but you remember where the theft could have occurred, this is an excellent clue for the police.
Now you must come to the police station in the area in which the theft occurred and write a statement .
They will tell you how to correctly compose this document.
When describing the events that happened to you, try to be as focused as possible and not write too emotionally.
Object, subject
The objective side of theft is represented by property relations of a certain form. The subjective side is other people's property and money.
At the same time, the object is the secret theft of property to which the attacker has no rights. The status of “secret” theft will be received in the following cases:
- If the theft of property occurred in the presence of its owner, but he did not notice it;
- If the theft process was recorded by several eyewitnesses, they did not realize what it was;
- If the theft of property occurred while its owner was absent;
- If the theft was witnessed by incapacitated persons who are unable to objectively perceive reality, i.e. have mental disorders, for example, suffer from schizophrenia, bipolar disorder, etc.;
- If the criminal act was witnessed by citizens who were aware of what was happening, but did nothing to prevent it.
The subjective side of this crime is direct intent, the motive is prudence.
Subject – a person over 14 years of age who has not lost legal capacity.
Actions of the accused party
Below we will present the most common situations - shoplifting and theft charges based on the fact of filing a statement.
In the shop
Approximate situation: you went to the grocery store, bought ingredients for dinner, paid at the checkout and headed towards the exit. Suddenly a security guard stops you and demands to show you the contents of the package. It should be borne in mind that from the point of view of the law, such requests are considered illegal, and therefore it is not worth responding to them with unquestioning obedience. First of all, you should ask what caused such an interrogation. If the security guard voices a sufficiently compelling reason, you need to inquire when law enforcement officers (police) will arrive at the inspection site, since, according to the law, only they have the right to conduct this event.
In addition, two witnesses must be invited to the inspection site, in whose presence, after examining the contents of the package, a corresponding report will be drawn up. It will reflect the results of the inspection.
If the inspection procedure is carried out with violations, the citizen against whom it was carried out has the right to seek material compensation for moral damage caused. To do this, you will need to draw up a statement of claim in the established form, and then submit it to the court in one of the possible ways.
Through statements
If you have been accused of theft, the first thing you should do is encourage the person accused to report it to the police by filing a police report. As a rule, in practice this rarely comes to this, since the accusing person does not want to incur liability for perjury, which is a criminal offense.
Example: a person nevertheless turned to the police to accuse you of committing a crime such as theft, testifying to this, and drawing up a corresponding statement. In turn, you can contact the police with a statement of slander, refuting the accusation.
Based on complaints received from citizens, investigative measures will be initiated, the results of which will be ready in 3-10 days.
If you are to blame
If you were caught red-handed, then the most correct thing in this situation would be a sincere admission of what you did, as well as an expression of the initiative to compensate for the damage caused to the person or organization that you robbed.
You can also attempt reconciliation with the injured party, but the likelihood that she will agree to a meeting is minimal.
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The total amount before deductions (“dirty”) is 150,700 rubles. Please note that the regular bonus under the employment contract was indexed along with the salary, and the regional coefficient was not applied to the one-time payment for the 50th anniversary and compensation for rental housing expenses.
Responsibility
If the accusation of theft is confirmed to be false, the person who initiated it will face an administrative fine or compulsory labor (Article 218.1 of the Criminal Code of the Russian Federation).
Giving false testimony is punishable under Article 307 of the Criminal Code of the Russian Federation, according to which the guilty person faces an administrative fine, compulsory or correctional labor, temporary imprisonment or imprisonment.
If the theft is confirmed, the nature and scale of punitive measures will depend on the amount of damage caused. If it is less than 5 thousand rubles, then the guilty party will be held accountable under Article 7.27 of the Code of Administrative Offenses of the Russian Federation, if more than 5 thousand rubles - under Article 158 of the Criminal Code of the Russian Federation.
