Theft may occur on the street, when the phone is unnoticed from your pocket, the theft can occur at home when criminals sneak into the open window in your absence.
You can steal any thing that fits the description of a movable item in its category and is in your property.
And instead of thinking with regret about the lost value , you need to urgently contact the police while it is possible to find the criminal without delay.
Read the full article 158 of the Criminal Code of the Russian Federation. Theft.
Types of theft
Theft, according to the law, is the secret theft of someone else's property. That is, a criminal enters someone else’s home or pocket, remaining unnoticed by others and the owner. At the same time, he is driven by the desire for profit, and, in most cases, he is aware of the consequences of his actions.
Types of theft , according to the criminal code, can be divided into several categories:
- Simple theft . This category includes theft in shops and markets, pickpocketing in public transport. As a rule, the amount of damage caused in this case is small, although there are exceptions (expensive watches, jewelry, large sums of money).
- Qualified thefts . This method of taking property is usually associated with secret entry into the victim’s home, or into a store or product warehouse in the absence of the owners. They are called qualified because criminals use certain skills and tools to enter someone else's territory undetected (they know how to turn off an alarm or pick a lock).
- Highly skilled thefts . There are few such crimes committed, but they immediately end up in the news. These are thefts using advanced technologies and special devices.
In addition to types, there are also types of thefts, which, in turn, can be simple and skilled. These include burglaries, theft in transport and production, car theft, theft of wires and devices containing non-ferrous metals, illegal connection to electrical networks or gas distribution pipes, theft of funds from citizens’ credit cards.
Yulia Kalinina
Consumer Protection Lawyer
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According to Article 158 of the Criminal Code of the Russian Federation, the fact of theft of someone else's property is recognized only if the attacker managed to take it out and benefit from the fruits of criminal actions (sold, exchanged, left for personal use). If the criminal is detained, the type of punishment will be considered by the court based on the total amount of the stolen goods.
Criminal liability arises if the amount of stolen items exceeds 5,000 rubles . If it is less, the offender will be brought to administrative responsibility. If the damage amounted to more than 250,000 rubles, this is theft on a large scale; after 1 million, the law considers the situation as theft on an especially large scale (the offender can go to jail for up to 10 years).
Prevention of theft
The most modern devices have a lot of programs that allow you to track the location of your phone. But while not everyone has such devices, you should follow a number of standard rules for protecting your phone from theft:
- Do not give your phone to people you don’t know or don’t know at all, especially when you are asked to make a call from your device on the street;
- If you often find yourself outside at night, it is advisable to set your phone to vibration mode so as not to attract the attention of intruders with the sound of a ringtone;
- When using public transport, place your phone in an inside pocket of your clothing or bag. A device hanging on a lanyard or sticking out of a back pocket attracts criminals due to its accessibility;
- In a cafe or bar, you should not leave the device on a table or counter.
- You should also have a conversation with your children, explaining to them that there is no need to show off a fashionable device, so as not to provoke someone to want to steal it.
Now that you know how to protect your cell phone from theft, we will tell you about the consequences and punishment for such an act.
We advise you to carefully watch the following video to avoid becoming a victim of mobile phone theft in a store:
Where to write a report of theft
The first place citizens who have been robbed should contact is the nearest police station. You can also write a statement in the office of the district commissioner. It is also possible to report a crime orally, but a paper document registered at the duty station is more reliable.
If, in the opinion of the party injured at the hands of the attackers, the police are in no hurry to investigate the circumstances of the incident, you can write a statement to the prosecutor’s office. As the main supervisory government body, the prosecutor's office will monitor the progress of the current case and punish the perpetrators.
If your phone is stolen
If you have a large amount of money on your mobile account or you are a contract user, then the first thing you should do is call your mobile operator and block your number.
Attach to your application copies of documents that confirm you as the legal owner of the device.
If a criminal case has not been initiated, you can appeal this decision to the prosecutor's office or file a lawsuit in court and try to get a case initiated. Currently, there is a constant upward trend in the number of such crimes – theft of mobile devices. If you have become a victim of a crime and your phone has been stolen, this article will explain what to do next and where to turn. Every mobile phone owner may be a victim of theft or lose their phone.
This is an unexpected and unpleasant incident that can happen to anyone, anywhere.
Ways to report theft to the police
There are several ways to file a claim regarding theft of property.
Russian Post
A document drawn up in accordance with all the rules can be sent by registered addressed to the head of the local police department.
Additional documents that may help the investigation must be attached to the letter, and an inventory must be made, which must be kept along with the postal receipt. They will be used to prove that the application was sent.
The only disadvantage of this method is that the application will be considered only after the correspondence is registered in the department office after its receipt.
Personal appeal
You can also submit a complaint to the police in person by contacting the duty department of the police station, or by making an appointment with the head of the local police department.
Experienced employees will help you correctly compose the text of the document and give the applicant a registered copy of it.
By email
You can also file a complaint with the police electronically by going to the website of the local department or the official website of the Ministry of Internal Affairs. To do this, you need to register and go to a special section that accepts applications from citizens. Select the desired structural unit of the internal affairs bodies and fill out the form provided. It should include your own email address if you plan to receive a response from the department electronically.
By phone
The easiest way to report a crime is to dial a short number from any phone 102.
The duty station will accept the application and explain the procedure for further action. If a burglary occurs, police officers and criminologists will come to the scene of the crime to conduct examinations and interview the victims.
In addition, you can use the all-Russian hotline number of the Ministry of Internal Affairs 8 , which is available around the clock.
Features of the crime
Thefts of mobile phones occur very often, because taking a small device without anyone noticing is not very difficult. Often, the owners themselves forget the device on a table in a cafe or on a desktop in the office. And thanks to the fact that phones have cameras, some citizens part with a fashionable gadget by asking an unscrupulous passerby to take a photo of them.
The theft of a mobile phone is regarded as secret theft of this item and is classified under Article 158 of the Criminal Code of the Russian Federation. Such a crime implies that someone secretly stole your phone - took it without your consent.
Theft should be distinguished from fraud and robbery.
- The scammer not only takes your phone, but also fraudulently tries to obtain rights to it. For example, you agreed to sell a phone, handed it over to the buyer along with documents for the product, but did not receive payment. Or they promised to give you a new one instead of your old device, but the scammers disappeared, and you were left with nothing.
- Robbery, unlike theft, is carried out openly and not secretly.
We will talk further about how to write a statement about the theft of a phone to the police using the sample.
How to file a theft report to the police, sample
A report of theft to the police can be divided into 3 parts:
- The formal part is the “header” of the application, where the address of the police department and details of the official in whose name the document is drawn up are written. The formal part includes information about the applicant, his personal and contact information, the date of execution of the document, and the signature of the victim.
- The constructive part includes a description of the circumstances of the crime, details of what happened, information about the suspects, and a request to punish the perpetrators.
- Additional information . Separately, it is necessary to provide materials that can help the investigation, for example, footage of the alleged criminal from a home surveillance camera. Attach a list of witnesses in this case (if any) with contact phone numbers and residential addresses.
Yulia Kalinina
Consumer Protection Lawyer
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The circumstances of the crime that occurred must be described in great detail, without emotional overtones. The information must be reliable, the applicant is warned of liability for giving false testimony.
Checking devices
Not everyone has the opportunity to buy the desired phone model in a specialized store, which is why the secondary market for equipment is so active, where previously used devices are offered.
How can you make sure that the phone you purchased is not stolen? You need to do a number of simple operations:
- Find out IMEI - an international classifier, unique for each phone. It is usually indicated under the barcode located under the device's battery. In addition, you can find it by dialing the combination *#06#;
- Find a database on the Internet for checking IMEI codes. You can access it on sites that provide telephone databases (Online, for example);
- Enter the IMEI (Have) of your mobile phone in the search column and click the “Check” button (for theft). If the entered code is not found in the database, you can breathe easy - your phone is clean. Otherwise, information about the date of registration of the theft of this device will be displayed.
Next, we will tell you about a set of measures to prevent cell phone theft.
Algorithm for filing a theft report to the police
Depending on whether a citizen turns to the police for help, or the injured party is an organization, there are some differences in filing an application.
From an individual
A citizen who has suffered from the actions of thieves can report the crime by writing a statement to the police. You can do this without leaving your home, using the services of the Internet, telephone or Russian Post. But, it is best to draw up an appeal at the police department, where experienced law enforcement officers will tell you how to draw up the document correctly.
After sending the application, the addressee must wait for a response on the initiation of a criminal case, or on the refusal of such an action.
From a legal entity
The managers of a company whose property was stolen by attackers must, by order, appoint a responsible person who will represent the interests of the company during the investigation and trial.
A representative can act only on the basis of a power of attorney issued by a legal entity.
Otherwise, the procedure is no different from the rules for filing an application by an ordinary citizen.
Your phone was stolen: what to do and where to go
If a person was in a public place when he lost his mobile phone, first of all, you need to look around .
It is quite possible that the phone simply fell out of your pocket .
And this is correct, because buying a new device is an expensive undertaking, and timely and correct actions often allow you to find the loss and, accordingly, save your own money.
What should a citizen of the Russian Federation do if his passport was stolen? Read about it here.
geolocation option will allow you to identify the location of the device and, accordingly, the person who currently has it.
Deadlines for consideration of applications
Police officers must consider an application for theft of property within 3 days from the date of registration of the document. During this period, a decision must be made to initiate criminal proceedings. But, for objective reasons, this period can be increased to 10-30 days. As a rule, this is done when it is necessary to collect additional information and evidence regarding this crime.
Law enforcement agencies must notify the applicant in writing within the time limits established by law about all changes relating to the current case.
Liability under the Criminal Code of the Russian Federation
Based on the circumstances under which the theft occurred, different articles are used to qualify the offense and impose sanctions.
For example, if there was a secret theft of property, Part 1 of Article 158 of the Criminal Code applies. If a thief entered the victim’s house and committed a crime there, Part 2 of the same article applies.
If a cell phone was confiscated from a victim as a result of an attack and robbery, the offense is qualified in accordance with Article 161 of the Criminal Code.
Robbery without causing physical harm to the victim is regulated by Part 1 of this article, robbery using violent acts - by Part 2, robbery committed by a group of persons (or in the presence of grave harm) - by Part 3.
Is it possible to withdraw a statement from the police?
If a theft complaint was registered at the police station, it will not be returned to the applicant. If a citizen for any reason (for example, if the criminal was a relative or acquaintance who repented of the offense and compensated for the damage) changes his mind about pressing charges, then he will have to write a written refusal . The document must justify the reason for the refusal and support it with specific data and arguments. Further events develop at the discretion of the investigator; he can, without regard to the refusal, continue the ongoing investigation.
The first thing a citizen should do when he discovers that his property is missing is to write a statement to the police. Most cases involving thefts are investigated without delay.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
Our lawyer can advise you free of charge - write a question below.
Where to go and what to do if your phone is stolen? Detailed step-by-step instructions from experts
The application can be filled out in any form, but must necessarily contain the following items:
Of course, if the phone owner has a large amount of money in his account, it is better to block the SIM card right away to avoid theft.
You should immediately check all other places where it might be (other pockets, a bag, a desk, the establishment the owner was just in, and so on). In addition, using IMEI, the telecom operator can deactivate the device itself. Where to apply? To do this, it is better to use the website of the Ministry of Internal Affairs: https: //Ministry of Internal Affairs. rf/district.
Simply enter your current location, and the program will automatically indicate which address you need to contact.
Money disappeared from the account: how it happened
Debiting money from the account is possible solely on the basis of the client’s personal order and other conditions listed in the service agreement, as well as by court decision. In other cases, the transaction is considered theft.
There is a misconception that attackers can only take over the funds of individuals by obtaining their card details. In fact, gaining illegal access to a mobile bank makes it possible for an unauthorized person to manage both the cards and deposits of the bank client.
The fraudster registers in his personal online banking account using someone else’s (stolen) data and can withdraw any amount from the accounts.
Moreover, theft of money from a bank account is possible not only from an individual, but also from organizations. Most often, this is done through illegal access to the account (hacking the company’s local network, password guessing, etc.), as well as the use of fictitious invoices for payment.
One of the schemes: funds are withdrawn using a fake payment order to a shell company, and then quickly withdrawn from the account (by transferring to several dozen bank cards and withdrawing cash from ATMs).
Another trick that is as old as time, but company employees continue to fall for it. Fraudsters send a link with a virus in an email, pretending to be a contractor or client of the company. When the user clicks on the link, a virus enters the device and hacks the system. Thus, unauthorized people gain access to logins, passwords and current accounts (so-called “phishing”).
Example 1. Message from the “counterparty”.
In business correspondence, especially in a large flow of letters, an employee usually clicks on a document without thinking and ends up on a phishing page.
Example 2. A message allegedly from a government (supervisory, judicial) body.
Example 3. Message from the “mail server”.
Phishing incidents have increased manifold since 2021. Experts attribute this, in particular, to the mass transition of people to remote work. About 56% of employees use applications on corporate computers that are not related to their job responsibilities, and also work with corporate money through third-party sites. The retail and financial industries suffer the most from cybercrime.
