Theft charge: without evidence and when it is present

Thefts can vary from minor household thefts to serious thefts, and the value of the stolen property can exceed millions of rubles.
If, after all, you have become a victim of a crime such as theft, you should never despair .

There is a clear algorithm of actions that must be followed if such a misfortune happens to you.

We will clearly describe in this article how to behave correctly in a situation resulting from theft.

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.

Punishment under the article

Petty theft (up to 1000 rubles) is punishable according to Art. 7.27 Code of Administrative Offenses of the Russian Federation:

  • a fine, which is five times the price of the stolen property, but cannot be less than 1 thousand rubles;
  • administrative arrest (15 days);
  • community service up to 50 hours.

If the value of the stolen property is within 2,500 rubles, then the fine will be at least 3 thousand rubles, and community service will be up to 120 hours.

An option is possible in which petty theft is aggravated by a number of circumstances - penetration into a room or home, theft from clothing or a bag, conspiracy, etc. Such an action will be considered a criminal offense and punishable under Art. 158 of the Criminal Code.

The role of a lawyer is important in the investigation and trial of theft cases. It often depends on his experience and qualifications whether the punishment will result in a real sentence, or whether the culprit will get off with a fine and a suspended sentence. To learn more about your rights in such a situation, contact our lawyers by phone or online.

Proof

In order to prove theft , you need to know what was stolen.

If you are the victim of a theft, then depending on what you lost, you can draw up a line of evidence.

Money


How to prove the theft of money?

Cash theft is one of the most common.

They can be pulled out of your pocket, out of your bag, or stolen right with your wallet while you are distracted by something.

There can be many variations of theft.

In order to prove the fact of theft of money, it is necessary to remember exactly which bills were stolen, namely the denomination .

Also, you need to remember where you were at the time of the theft, analyze where the crime against you most likely could have occurred.

Evidence of the theft of money may include witness statements, as well as CCTV footage.

Very often, such thefts occur at store checkouts.

Today, there are video cameras in front of the cash registers that record events taking place at the cash register.

Money in the apartment


How to prove the theft of money in an apartment ?

The theft of money from an apartment is theft, which has such a qualifying circumstance as penetration into the apartment, that is, into the living space.

Agree, the circumstance is not the most pleasant.

How to prove that money was stolen from home?

The fact that money was stolen from an apartment can be evidenced by numerous evidence left behind by the criminals.

So, for example, someone else close to you should know that there was money in the apartment, who could confirm this fact in court.

You should also roughly remember the amount and bills you keep at home.

Also, you must point out the evidence left at the crime scene.

Perhaps this is breaking the door with a master key or simply deforming it.

Perhaps the criminals climbed in through the windows .

One way or another, this set of evidence must be preserved in its original form, so if you discover theft, try not to touch anything.

Property


How to prove theft of property ?

If any property was stolen from you, you must describe it in detail.

Perhaps you know some individual characteristics of the stolen property, so it will be easier for the police to identify the stolen property .

You should also describe the approximate circumstances that preceded the theft.

If there are no witnesses

How to prove theft if there are no witnesses ?

If none of the witnesses can confirm the fact that a theft was actually committed against you, do not despair.

There may be other evidence that will directly prove the theft.

So, for example, if there were surveillance cameras near the place where the theft was committed, then you can try to find evidence on the film.

So, more than once, such surveillance cameras helped identify the criminal who committed theft.

Even if there were no witnesses nearby.

Your clear testimony will be good evidence of theft .

If you were robbed, how can you stop regretting your losses?

I was sitting in a cafe. She hung the bag on the back of the chair. I got ready to leave, wanted to pay, turned around - there was no bag. At first I didn’t understand anything. Then I realized: it was stolen. A bag containing: money, cell phone, apartment key.

They let me out of the cafe with the bill unpaid. They apologized and said that I could, of course, write a statement addressed to management. I had no time for that. I was walking down the street in an unknown direction. My first thought was: call a friend! Hands reached out to open the bag, take out the mobile phone - and dropped. There is no mobile phone!

Thought two: ask kind people to call from their mobile phone! Hooray! I began to look for a kind face in the crowd... but - I don’t know the number, not a single mobile number, not even my mother’s!

Thought three: go home soon! On the subway, ask your aunt to let you through without money, take her word for it, get home... but - thought fourth - there are no keys!

And then for the first time in my life I felt like a homeless person. A completely helpless person without everything: without a home, without money, without communication. The experience was so strong that I still remember everything to this day.

When I got to my mother (she lives outside the city, I have to go by train), she started: how come it was stolen? How could you hang a bag like that, because you are an adult! How can you be such a crow? I say: Mom, I feel so bad! And she: it’s her own fault!

Answered by psychologist Anton Sorin, associate professor of the Department of Psychology at Moscow State University, candidate of psychological sciences.

- Well, they stole (a bag with a wallet, a cell phone, an apartment key - let’s consider the option of moderate severity), but he himself remained alive and well. Why isn't this comforting? Why do you feel so acutely (whoever it was stolen from knows) personally insulted with all that it entails? After all, these are just things.

– Because theft is always an attack on our “I”. From early childhood, long before the child turns one year old, he begins to master objects and objects of the outside world. In psychology there is a term “transitional objects” - these are things with a special psychological “load” and therefore the most important for contact with the outside world.

For a child, this is a favorite toy with which he spends a lot of time: he sleeps with it, “feeds” it, and interacts with the world with its help. With age, other objects take the place of toys, but their essence remains unchanged. The things that we consider to be ours and that are important to us are a way of connecting us, the outside world and social reality.

Therefore, any encroachment on these things causes a very acute, painful reaction. This is an attempt to limit our ability to contact reality, to trust the world (which suddenly turned out to be an unsafe place), to establish relationships with it.

Someone from outside is forcibly invading our sovereign personal space and causing us harm. From this point of view, theft is akin to rape.

In addition, any theft strikes at our sense of control over the reality around us. The robbed person suddenly finds himself in a situation with which he can do nothing. A minute ago he had a mobile phone in his pocket, but now he doesn’t – how can he call his friends, ask for help? The bag was just hanging on the back of the chair, and now it’s gone, and along with it, the documents, wallet, and house keys “floated away” - and we urgently need to adapt to the new situation.

Something irreversible happened, you couldn’t stop it and you can’t return everything “as it was.” And it happened unexpectedly. And a person needs to very quickly solve a lot of serious problems: how to get to the house, how to get into the apartment.

A person feels helpless, and this is a difficult test for the psyche. After all, you can be in a state of peace only by controlling reality within possible limits, and in the case of theft, control is lost, you are forcibly placed in new life circumstances.

Any situation in which a person loses control over what is happening is “read” by the consciousness as threatening and causes a response - anxiety and, accordingly, aggression.

It seems to us that aggression is a way to regain control of the situation. And, strange as it may sound, often this aggression is not directed at the thief, but... at oneself.

After the theft, self-blaming thoughts often swirl in my head: if I had put my wallet in my bag and not in my pocket, it would not have been taken out, if I had not put my mobile phone on the table, it would not have been “stolen.”

Over and over again we relive the situation before the robbery, reproaching ourselves for not laying down straw.

To some extent, such self-blame is embedded in us from childhood - by parents, teachers, society. We were all taught that responsibility for what happens to us, for our mistakes and failures, entirely with us. From birth, a child hears that if he cannot cope with a situation, then the only reason for this is himself: he is not smart enough, not persistent and persistent enough, and so on.

And this accompanies us all our lives. You were robbed - you’re a fool, you should have kept your eyes open. Your husband beats you - I chose this myself. Raped means she provoked. Whatever happens to you, it is your own fault - this is a well-translated and familiar social norm.

As a result of such upbringing, we are not always able to correctly assess the boundaries of what is subject to our control and what is outside it, where we are truly responsible and “ourselves to blame,” and where we are not responsible and to blame. It is possible and necessary to fight the accusatory attitudes that have been ingrained in us since childhood. It is necessary to accustom ourselves to the idea that not everything in this world is under our control, and even more so, the actions of others are beyond our control.

Of course, there can be no “one is to blame” when it comes to illegal actions directed against us.

No one can be to blame for being robbed, beaten, or raped. No action on our part gives permission for other people to treat us this way. Otherwise, for example, in the case of rape or beating, the victim would share criminal responsibility with the offender, but this is not the case, even if the victim’s actions are considered “provocation.”

– How to stop thinking about losses? How to calm down, get out of the endless circle of thoughts: so much money! You could spend it on this and that. And the mobile phone, buy a new one again. How to come to your senses and calm down?

– Bad thoughts need to be overcome with good thoughts: try to find at least a drop of positivity in what happened. In general, do not neglect self-comfort during a difficult period for you.

Got your cell phone stolen? This is a reason to buy a new one, more convenient than the previous one. Or your loved ones have solved the problem of what to give you on your birthday. Lost contacts? In our age of social networks, this loss can be at least partially compensated, and at the same time there will be a reason to get acquainted with data storage services.

Don't worry alone. Almost any grief (theft, for sure) will pass faster if you share it with others: complain, tell how hurt and bad you are, how outraged you are, how you didn’t expect it, how this happened to you for the first (second, nth..) time It happened. People who are not even close acquaintances can sympathize and suggest ways out if the situation is quite difficult.

It is important to remember: theft is our loss of control over the world, and loss of control leads to anxiety and aggression.

Try not to pour out this aggression on your neighbors, they are not to blame for anything.

Don't turn your complaint into endless whining. This will very quickly kill all sympathy for you. Complain, but stick to the role.

Celebrate the good, albeit unobvious, that what happened has brought into your life. If you try, you will definitely notice. Maybe, having learned about the theft, you were offered help by a person from whom you never expected it? Or he simply sympathized so warmly that you were convinced that he treats you well! Or did a friend of many years confirm the reliability of the friendship by lending you the required amount without question? Or maybe you found out how many people generally sympathize with you in such an unpleasant situation? Maybe you felt how loved you were in your family? Or have you realized that in a difficult situation you are able to take a blow?

– How do you know whether to contact the police or not? It’s clear that if the theft is large, contact us, but what if it’s on the scale of a bag? After all, calling the police also requires strength, and the person is already upset.

– You definitely need to respond to theft. Even if these actions are not aimed at obtaining results. For example, if our property was stolen, then we are faced with a choice: to contact law enforcement agencies or not. On the one hand, a crime has been committed, but on the other (especially if something not very valuable is stolen) it is clear that no one in the police will be particularly zealous and the chance that a stolen mobile phone or wallet will be returned to us is small. Therefore, many people “forgot” and do not contact the authorities, believing that there is no benefit from this.

But from a psychological point of view, there are benefits! Even if we understand that our appeal will be of little use, it is still our way of reacting to the situation, our actions aimed at coping with new circumstances. We are taking control of our lives again. We are doing something to find the criminals, and perhaps to return what was lost. Concrete, logical actions will help us calm down and gain confidence.

But when you were worried and did everything you could, or, for example, did not do anything - contact the police (here everyone uses their own resources), it is important to accept the situation and come to terms with it. It has already happened. It is not in your power to change the past.

Now I will say something that is beyond the scope of psychology: you can try to find a “higher meaning” in what happened.

If you were worried, you were consoled, but you still don’t calm down, maybe things have begun to take up too much of your life? And are they hinting at a reorientation of values ​​from above? This is a topic for thought.

And the criterion of reconciliation in our case will be consent to the loss after the fact.

– If a family member, child, friend, colleague was robbed, how should you react? Often people want to console, but it only makes things worse.

– You can’t blame, scold and laugh at. “Well, why are you such a bungler, I suppose the raven was counting - so they pulled out the wallet.” “It’s your own fault, next time you’ll keep your money in the bank and not at home.” Think about why you are saying this?

Everyone is strong in hindsight, there is no sense in such moral teachings, but the person is already in bad shape, is it possible to finish him off?

After this, you can’t count on a trusting relationship. And in such a situation, I would recommend to the victim himself to interrupt the conversation and simply leave, because the interlocutor is clearly not able to correctly assess the situation.

Most often, those closest to you begin to scold: parents - children, children - elderly parents, spouses - spouses. It is clear that if a member of your family suffered, you yourself suffered (including financially). Your anger is natural. But think: by scolding, you are simply throwing out your anger and freeing yourself from negativity. You feel better. And for your loved one, who has already suffered and is worried himself (no matter how he holds on) - it’s even harder.

If you are kind and want to cheer up a person, then here are a few things you should not do:

You can’t discount what happened.” “Nonsense, just a mobile phone was stolen, no big deal.” “Just think, they took out the wallet, they didn’t stab him to death.” The robbed will feel that the well-fed does not understand the hungry, you do not understand what he is going through, and you do not want to understand. As a result, instead of supporting you, you will only force the person to withdraw into himself, because in your eyes he looks stupid and funny - he is worried about such nonsense.

It’s risky to look for positive aspects with him in the fact that the theft happened. Well, unless the person who was robbed asks you about it and you understand that he is able to treat such conversations with a bit of humor. Otherwise, it may be taken as ridicule and devaluation of what happened. A person may get angry: they say, you are not in my shoes, it’s easy for you to make up all sorts of nonsense.

– It is imperative to say that the person who was robbed is not guilty of anything. It was the thief who committed the crime, not him. If appropriate, you can and should offer help. You can invite him to take some specific actions - for example, go to the police, write a statement. The main thing is for the person to feel that you do not consider what happened to be nonsense and understand his experience.

Just don’t get carried away with the role of a vest, so that the robbed person is not tempted to turn into an ever-whining victim.

Postscript from the editor:

“When you are robbed, you should not grieve, but imagine that you gave alms, and the Lord will return ten times more. - Venerable Joseph Optinsky

“In one of the lives of the Kiev-Pechersk saints it is said: if someone does not regret the money stolen from him, then this will be imputed to him more than arbitrary alms.” - Venerable Ambrose Optinsky

Drawings by Dmitry Petrov

What could be the evidence?


Evidence of theft can be various kinds of traces left by criminals.

These could be shoe marks on the carpets, traces of other types of penetration, and also, if the theft was committed on the street or in public transport, it is quite possible that the criminal’s hair was left on you.

Also, the criminal may be noticed by other people who will witness such a crime.

Hidden camera

A hidden camera can help in cases such as proof of theft.

Hidden cameras are installed in stores, in front of entrances, on some streets and even in cars.

This is why cameras are always good evidence these days.

Typically, the camera contains all the necessary evidence.

Police officers may also ask citizens to provide dashcam footage.

Watch the video of how a hidden camera helped expose criminals:

https://youtu.be/WUjK9jrFWz8

Other

Damaged items
may be evidence .

So, these can be cut bags, pockets, and so on.

But also, evidence can include the crime weapons that the criminal left at the scene in a hurry.

These could be knives, blades, hooks and other devices that served as assistants for committing theft .

The suspect's fingerprints may also remain on such devices.

Your actions directly in the commission store

— When going to thrift stores, you should not announce at the door that you are looking for things stolen from you - in this case, they can quickly “disappear” from the counter.

- If you have already discovered stolen items in a store, then simply making a fuss and demanding your property from the seller is a rather useless exercise.

- First, make sure that these are exactly your things: compare the serial numbers (if it is equipment), find out when the goods were handed over for consignment, ask the seller to “put aside” the goods so that he does not have time to sell it to another person.

— You should return to the store directly in the company of representatives of law enforcement agencies, who will ask the seller to show the agreement that was drawn up when handing over the goods for commission.

- In the presence of the police, you will need to prove that the thing found belongs to you. A statement describing the stolen property, receipts, invoices, photographs - all this is proof that you are the owner of the property. If you have already filed a police report, you simply need to notify the investigator assigned to your case about your findings. It’s okay if you haven’t submitted an application yet - it will be accepted in any case, and your personal “investigation” will make the task easier for the investigators.

— If the store refuses to return your property, the police will draw up a protocol, on the basis of which the case will be referred to trial (Articles 301-303 of the Civil Code of the Russian Federation, Articles 160, 175 of the Criminal Code of the Russian Federation).

Where to go?

Where to go and what to do if a theft occurs and your things are stolen ?

If a theft occurs, immediately contact the nearest police station; also, if the theft occurs in a store, you can contact a security and safety officer.

He can try to detain the criminal if he is in the store.

The theft must be reported immediately.

The fact is that in the first hours after a crime, the greatest percentage is that the criminal can be detained and subsequently be punished.

Article for theft: general composition

The law defines an unambiguous attitude towards theft - it is a criminal act, the consequence of which is damage to the property of a citizen. The elements of the crime and the punishment that will follow are defined in Article 158 of the Criminal Code of the Russian Federation and Art. 7.27 Code of Administrative Offenses of the Russian Federation.

The main signs of theft are:

  • causing damage to the property owner;
  • secret (unnoticeable) removal of it;
  • receipt of benefits by the person who committed the crime;
  • intentional actions of the criminal.

Secret, unnoticed taking of someone else's property distinguishes theft from robbery (Article 161 of the Criminal Code of the Russian Federation). In a robbery, the taking of something belonging to another person is carried out openly - the criminal knows that he is being watched, but continues to act. If physical force or weapons were used, then this is robbery (Article 162 of the Criminal Code of the Russian Federation).

The object of theft is always property. The following items prohibited by law and withdrawn from circulation cannot be the subject of theft:

  • weapon;
  • psychotropic and narcotic drugs;
  • radioactive substances.

The criminality of actions with these objects and substances is determined by completely different articles of the Criminal Code of the Russian Federation and is punished much more severely.

A person who commits a theft can be considered a criminal if he is over 14 years old and has legal capacity.

The criminal will be punished only if he uses the stolen property, which confirms the deliberate and selfish nature of his actions. If someone else's property is stolen, but the attacker did not have time to use it, the crime will be considered an attempted theft.

The law defines the following sanctions:

  • a fine in a fixed amount, or established based on the income of the offender;
  • working up to 360 hours in community service;
  • correctional and forced labor for up to 12 and 24 months, respectively;
  • arrest up to 120 days or imprisonment up to two years.

What to do if you are accused of theft?


If you are accused of theft, then try to find out on what basis you were accused of this act.

If this is an accusation of theft without evidence, then it will be easier for you to defend yourself.

You must be provided with facts that should become irrefutable evidence of your guilt.

That is why you should first make sure that you really did not commit theft.

Read the full article 158 of the Criminal Code of the Russian Federation. Theft.

The importance of the volume of property damage

For theft to be defined as petty, the value of the stolen personal item must be less than a thousand rubles. The price is set not according to the value established by the owner, but during an examination. If the stolen item did not have a set price at the time of the theft, an assessment is also carried out by an appointed expert.

To protect their rights, a person who has been caught or accused of theft must engage a lawyer who will ensure that the procedure prescribed by law is followed and the value of the property is correctly determined.

This is important for someone accused of theft - the price of the stolen property affects not only the determination of the degree of material damage, but also the type of offense (administrative or criminal) and the measure of punishment.

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