How to write a report about a missing phone to the police?

Due to the relatively high cost, modern mobile phones often become the target of criminal attacks. Every day, several dozen mobile device thefts occur. In order to get a chance to get your gadget back, you need to have an idea of ​​what a phone theft complaint to the police looks like and a sample of it.

The sooner the victim contacts the police, the higher the likelihood of catching the telephone thief.

Features of the crime

Theft is the secret gratuitous alienation of property in favor of a criminal or a third party. If we are talking about a phone, then it can be confiscated from the victim in various ways, which falls under several articles of the Criminal Code (CC) of the Russian Federation.

The theft of a mobile device is a secret theft of property carried out unnoticed by the victim. Sign: causing significant damage to the person.

Attention: the subtleties of the procedure for solving a criminal offense are given in Article 144 of the Criminal Procedure Code (CPC) of the Russian Federation. In particular, the text indicates that the investigation is carried out by a territorial unit. Article 144 of the Criminal Procedure Code of the Russian Federation “Procedure for considering a report of a crime”

Who and when to apply

According to Art.
141 of the Code of Criminal Procedure, the victim must inform the police about the crime. The competence of this particular element of the law enforcement system includes the work of solving thefts. Moreover, the statement of the robbed person is the basis for starting criminal proceedings. No one will pursue the criminal without a complaint. Attention: not only the victim, but any other person can report a crime:

• physical;
• legal through the manager or founder;
• official;
• representative of a public organization and others.

Article 141 of the Criminal Procedure Code of the Russian Federation “Statement of a crime”

Deadlines

A citizen can inform law enforcement officers about the theft at any time. There are no legal grounds for refusing to accept an application. Even if the phone was taken by a thief several years ago, the appeal must be accepted and considered.
True, most likely, it will not be possible to find it due to the impossibility of collecting information. The procedure for handling complaints to the police is described in Art. 144 Code of Criminal Procedure. The deadlines in the text are as follows:

• three days are given to operatives to make a decision on initiating criminal proceedings;
• two more months to maintain it;
• The investigation may be extended by one month by the head of the department by order if there are grounds.

Important: if the appeal is transferred from the registered department to the precinct on a territorial basis, then the deadline is counted from the beginning (the case is delayed). Therefore, it is important to contact the Ministry of Internal Affairs unit located near the scene of the incident.

Can they refuse?

Police officers are prohibited from refusing to accept applications from citizens. That is, the duty officers are required to register any information. In the first paragraph of Art. 141 of the Code of Criminal Procedure states that a person can contact law enforcement officers:

• in writing;
• orally.

Hint: do not initiate criminal cases based solely on information provided anonymously.
This is registered and transferred to operatives for use in their work. In case of illegal refusal to register information, it is necessary to complain about the actions of the duty officers. To do this, the citizen must immediately go to the prosecutor's office. On the spot, a complaint is drawn up in two copies describing what happened:

• one remains to work in the prosecutor's office;
• the second one contains registration data (number and date of reception), it is transferred to the applicant.

iPhone theft

If your modern smartphone has been stolen, then the task of finding its location may be simplified. Modern smartphone manufacturers have a function to find the location of the device and control it remotely, using a special website or program.

Also, this functionality is provided by third-party software - specialized applications. This function allows you to view the route along which the attacker moved with the smartphone, what actions he performed, and, among other things, allows you to delete all data from the device.

The device can be blocked, or made to make sounds endlessly, which will definitely make the search easier if you are nearby. This is the first thing to do if an iPhone or smartphone with modern Android and Windows Phone operating systems is stolen.

However, the use of all these functions is possible only if the phone has been authorized in the account of the operating system manufacturer and is in the turned on state.

Moreover, if the criminal knows about this, he can quickly reflash the device or even change the IMEI code, then it will be impossible to find the device using these methods.

Features of contacting the police

Law enforcement officers are required to fully follow the prescribed procedure. This means putting forward certain requirements to the applicant. They must be fulfilled. These include:

• disclosure of personal data (otherwise the application will be anonymous);
• familiarization with the norms of current legislation against signature;
• execution of procedural features.

The reason for opening criminal proceedings is an official statement of any authorized person. In order for a citizen to be identified, he must provide the following information:

• Full name;
• place and date of birth;
• registration and residence address (if they are different);
• contact phone number.

The above information is entered in the header of the document. In addition, the message begins by indicating the addressee:

• full name of the department of the Ministry of Internal Affairs;
• position, rank, surname and initials of the chief.

Citizens rarely know who runs the site. Therefore, information can be obtained from the duty officer. But even if they are absent, the application will be accepted and processed.

Is it possible to withdraw a submitted application?

The law does not describe a rule allowing the withdrawal of information about a crime. If a person decides to drop the case of the theft of a mobile device, then there are two options:

1. Write a letter stating that the initial message was sent in error. No one stole the phone; it was found or lost due to the fault of the victim;
2. Reconcile with the kidnapper and notify law enforcement officers. Such a message is the basis for closing criminal proceedings.

Hint: reconciliation with the offender is possible during the trial.

Why is it impossible to pick up the document?

First, let's figure out why it is impossible to pick up the document. A statement is an official appeal from a citizen to government agencies, in this case to the police, in which information about any unlawful event is presented in writing. According to the law, this document is subject to mandatory registration at the time of filing, with further consideration and the adoption of an appropriate decision. This appeal is a report of a crime or incident that requires further investigation and one of the decisions:

• that a criminal case may be initiated;
• about refusal to open it;
• about transfer by process or to court.

Also read: Urgent necessity in criminal law: what does it mean in simple words

Since the Code of Criminal Procedure of the Russian Federation establishes only such a decision, others automatically become a violation, therefore, law enforcement officers will not be able to agree to this.

If you filed a statement with the police, then regardless of the reason for your decision, no one will give it back, because The law clearly provides for the procedure for working with this document.

What awaits a caught thief?

Punishments for theft are described in Article 158 of the Criminal Code (CC) of the Russian Federation. If the crime does not have qualifying characteristics, then the thief can be punished as follows:

• a fine of up to RUB 80,000.0;
• compulsory work up to 360 hours;
• correctional - up to a year;
• forced - up to two years;
• arrest for four months;
• imprisonment or restriction of freedom for up to two years.

For information: the maximum punishment for theft is imprisonment for a period of up to ten years and a fine of up to a million rubles. This is due for acts committed:

• organized group;
• in a particularly large amount (from 1 million rubles).

The found phone will be returned to the owner. If it is lost irretrievably, the victim can file a civil claim for compensation for damage as part of the judicial review of the theft case.

Download for viewing and printing:

Article 158 of the Criminal Code of the Russian Federation “Theft”

Video about Article 158 of the Criminal Code of the Russian Federation

How not to buy a stolen mobile device

Another danger for citizens is associated with the issue of phone theft.
Criminals steal devices not for themselves, but for sale. If the purchased device turns out to be stolen, it will be confiscated. Consequently, the funds will be lost forever. It is almost impossible to collect them from the criminal. In order not to suffer from acquiring stolen goods, you need to do the following:

1. A previously used phone should be checked before purchase. To do this, identification is carried out by IMEI - a unique individual code of the device;
2. You can find the number near the barcode (below). Another option is to dial the combination *#06#, the number will appear on the screen;
3. Find a website on the Internet that contains an IMEI database;
4. Enter the number in the search bar and press start. If the answer is no, then the device has never been stolen.

Hint: the above operation must be done before giving funds to the seller of a used phone.

Checking phones

The imei number is an identifier by which you can track the gadget.
Most thefts are committed for the purpose of further selling mobile phones.

Many people prefer to buy a phone secondhand because it is cheaper than purchasing it in a store.

However, when buying a phone secondhand, the risk of receiving a stolen gadget increases.

To check, you can enter the imei of the purchased phone in a special database.

This number is an international identifier that allows you to track your phone's location and block stolen devices through telecom operators.

Theft prevention

To avoid becoming a victim of theft, the owner of a mobile phone must independently take preventive steps. They are:

• do not hand over the device to strangers who request an urgent connection for any reason;
• at night it is better to switch the mechanism to vibration mode so that the sounds do not attract thieves and robbers;
• in public transport it is better to put the phone in the inner pockets of a bag or clothing;
• do not leave the device unattended in cafes, bars, restaurants;
• hide away while shopping;
• conduct preventive conversations on this issue with minors.

For information: responsibility for theft begins at the age of 14.
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Additional questions

What can serve as evidence

As mentioned above, it is advisable to attach all possible evidence of the crime to the application. These include:

1. Witness testimony presented in writing.
2. Audio, video and photographic materials.

How not to buy a stolen mobile device

Another danger for citizens is associated with the issue of phone theft. Criminals steal devices not for themselves, but for sale. If the purchased device turns out to be stolen, it will be confiscated. Consequently, the funds will be lost forever. It is almost impossible to collect them from the criminal.

In order not to suffer from acquiring stolen goods, you need to do the following:

1. A previously used phone should be checked before purchase. To do this, identification is carried out by IMEI - a unique individual code of the device;
2. You can find the number near the barcode (below). Another option is to dial the combination *#06#, the number will appear on the screen;
3. Find a website on the Internet that contains an IMEI database;
4. Enter the number in the search bar and press start. If the answer is no, then the device has never been stolen.

Hint: the above operation must be done before giving funds to the seller of a used phone.

Is it possible to find it yourself?

This is possible, however, only in cases where special programs have been installed on the device in advance to protect the device from theft. Currently, there are a large number of such applications.

This is, for example, the iCloud program. This application is available for devices running on the iOS system.

The principle of operation of the program is that each device user has his own account in the system.

Using the application, a person can block a stolen phone through his personal account, and then track the location of the device through a geolocation system.

There are other, very effective applications. For example, if a phone is stolen, the application can activate the front camera, through which the thief’s face can be recognized.

The geolocation option will allow you to identify the location of the device and, accordingly, the person who currently has it.

Also read: What will happen to a minor for theft?

However, it is important to remember that these applications and options must be installed on the phone in advance. Only in this case does the victim or police representatives have the opportunity to use them and facilitate the search process.

Can your telecom operator help?

You can contact your mobile operator to ask for help in finding your device, but don’t count on it too much. Firstly, the police will probably contact the operator, and secondly, in most cases the operator will only contact the Ministry of Internal Affairs on this issue.

Some (a few) companies have the ability to search for a phone number; it is better to contact the company immediately and find out if they can help you.

What to do if a loss is discovered

Having decided to file an application with law enforcement agencies, you need to clearly know that the property was stolen and not lost or transferred to a third party. In addition, when pointing out the alleged culprit, one must remember that knowingly giving false testimony is in itself a criminal offense. In simple words, before contacting the police you need to think carefully about the situation.

It often happens that after a certain period of time the applicant finds the missing item, for example, a telephone. In this regard, he has a question about how long it takes to withdraw a statement from the police. You need to understand that for quite some time in our country it has not been possible to revoke this document. If the missing item was discovered, you need to write a new appeal, asking to stop or not initiate a criminal case. The basis for filing it is the fact of a misconception about the theft.

As a rule, law enforcement officers treat such situations with understanding. But it also happens differently. Some investigators will insist that the applicant deliberately violated the law by misleading the investigation. In such a situation, you should insist on the mistake.

To avoid these problems, you need to think carefully about the situation before going to the police. Under no circumstances should you contact law enforcement while drunk. In most cases, things “stolen” while under the influence of alcohol are from friends or somewhere else. In such a situation, alcohol intoxication can serve as an aggravating circumstance when giving false testimony. It will be extremely difficult to prove a mistake in such a situation.

Is it possible to withdraw the application in case of reconciliation of the parties?

Reconciliation of the parties in life does not mean that it will be satisfied within the framework of the criminal process. This is largely explained by the provisions of the law, which clearly state when reconciliation is possible and when it is denied.

Special cases look like this:

1. If the offense is related to slander, battery, or minor damage to the health of the victim, investigators cannot refuse to terminate criminal proceedings (irreversible).
2. Copyright (patent) violations or sex crimes also include a refusal to take back a written document. This is explained by the irreversibility of committed acts.

In order to terminate a criminal investigation in connection with theft, not only the approval of the victim is required, but also the amount of damage factor. For example, an attacker stole jewelry totaling over 1 million rubles, but after initiating a case, he returned the stolen property and compensated for the material damage. Even if the victim has no claims against the criminal, the prosecutor does not have the right to stop the proceedings. Thus, the thief will suffer a well-deserved punishment under Art. 158 of the Criminal Code of the Russian Federation.

How to withdraw a statement of theft in the absence of corpus delicti

Sometimes life presents unexpected circumstances. For example, the owner of a car left it in the yard, but in the morning the vehicle was not there. Naturally, a report of theft will be filed and an investigation into the case will begin.

However, if it turns out that there was no theft, and the car was taken to the impound lot for illegal parking, you can take back the theft certificate. In order to do this, you need to visit the police station again and make a new statement. It should indicate that the criminal case does not contain a crime. The refusal will be satisfied, and the proceedings will be terminated.

If you pulled out the SIM card

What to do if your phone is stolen and turned off or your SIM card is taken out?

If immediately after the loss a person is unable to call his own number (the answering machine reports that the subscriber is switched off), this indicates that the thief has already managed to remove the SIM card.

In this case, there is every reason to believe that theft was committed, and not the loss of the device.

In this case, you must contact the police as soon as possible.

In this case, it is necessary to provide law enforcement officers with documents confirming that the stolen device belongs to the victim, as well as all the necessary information about the missing phone (model, IMEI).

After this, you need to contact your mobile operator with a request to block the SIM card and subsequently restore your number. To do this, you need to contact the nearest operator’s office with your passport.

Theft at school

Unfortunately, the theft of a mobile phone in educational institutions in Russia is a fairly common situation. Especially when it comes to expensive modern devices.

At the same time, the kidnapper is not always subject to criminal liability, for example, if at the time of the crime the child was not yet 14 years old.

In this case, before contacting law enforcement agencies, it is necessary to take a number of preliminary actions:

1. Report the incident to the child’s teacher or class teacher, demand that he hold an unscheduled class meeting and a conversation with students (many children, afraid of the consequences, return the stolen property), in addition, it is necessary to notify the school principal about the fact of theft;
2. Notify the mobile operator about the fact of the loss of the phone, fill out an application to block the SIM card;
3. Notify the representative of the department for combating juvenile delinquency responsible for this educational institution.

How long does it take to withdraw an application?

Typical questions in this case: “Within what time can I withdraw my application?” or “How many days later can I cancel my testimony?”

There is only one answer: the sooner the better. Of course, as mentioned above, the severity of the crime is of great importance, but it is still possible to withdraw the application.

You must go to the place where the complaint was left, then write a refusal of the previously left statement, specifically explaining the reason for the withdrawal.