Theft has accompanied humanity since property was invented. In this case, it is necessary to write a statement to the police about the theft of property. The result, of course, depends on the results of the investigation, but most often the robbed person receives compensation in one way or another.
Communication with police is subject to certain procedural nuances. It is advisable for the victim to know them. After all, it is difficult to study the procedure in an excited or upset state, in which the robbed person usually finds himself. All the subtleties of the application filing method are reflected in the Criminal Procedure Code (CPC) of the Russian Federation.
Who should report theft
It is the responsibility of law enforcement officers to catch the criminal.
They learn about the fact of theft only from the victim. Consequently, the latter must independently inform the police about the violation of the law that has occurred. Otherwise there will be no investigation. Please note: a victim of any age can submit an application. There are no restrictions on this case in the law. However, if the theft is committed from a teenager who has not reached the age of majority, then his official representative will be involved in the procedures:
- parent;
- guardian;
- civil servant (if there are no other representatives).
Can they refuse?
Reluctance to register an application is a direct violation of job descriptions. The duty officer is obliged to listen to the citizen and draw up the appropriate document.
A police officer may try to refuse a citizen to report a theft, citing:
- amount of damage;
- workload of the department;
- long investigation;
- the futility of searching for the criminal.
In this case, the injured party must insist on its own. If the district police officer refused to fulfill his duties, you need to notify the prosecutor’s office about this, mentioning the name and surname of the officer who did not accept your application and the circumstances of the violation of the law. The employee faces disciplinary punishment and even criminal liability.
The only reason for the refusal is the department’s incompetence in this crime, then the materials must be redirected to other bodies of the Ministry of Internal Affairs: the operational service of the criminal police, etc.
Subtleties of contacting law enforcement officers
The average person has no idea how an investigation is conducted.
Therefore, victims face difficulties when contacting the police station. You must first spend a few minutes studying information about the rules for drawing up an application and its acceptance by officials. Police officers are required to accept all incoming letters . Messages are registered and undergo a special procedure. Its essence is to determine the method of further work with information. In case of theft, there can be two options:
- initiate criminal proceedings;
- refuse.
The last option is quite legal. They refuse to initiate a criminal case if the damage is small. Moreover, the value of the latter is an evaluative concept. Thus, paragraph 158 of the Criminal Code of the Russian Federation provides the definition of “significant damage”. This is recognized as a loss that is significant for the victim.
Download for viewing and printing:
Article 158 of the Criminal Code of the Russian Federation “Theft”
Hint: it makes sense to report theft if a person assesses the damage as significant and can prove it.
Where to contact
The point where the victim initially applied is important for solving a criminal act. It's all about the procedure provided for by the articles of the Code of Criminal Procedure. The investigation must be carried out at the place where the offense was committed .
Although a citizen can apply to any department. This is not prohibited by law. However, the filing clause affects the detection and capture of the thief. The fact is that most thieves are caught in hot pursuit. This requires the prompt work of an employee. On the other hand, employees are required to forward a citizen’s appeal to the place where it was made. This wastes precious time.
Hint: the victim needs to go to the station located next to the place of theft:
- the street where the criminal took the mobile phone;
- a burglarized house and so on.
About deadlines
Information about a criminal act is sent to law enforcement agencies at any time.
It is better to do this immediately after discovering the loss. But even after a while, the application will still be accepted. Only criminal prosecution can be refused due to the expiration of the statute of limitations for theft (6 years). Paragraph 144 of the Code of Criminal Procedure prescribes the procedure for working with information from citizens. It is strictly observed by law enforcement officers. The deadlines are as follows:
- three days to make a decision to initiate criminal prosecution;
- two months to catch the thief (paragraph 162 of the Code of Criminal Procedure);
- another month if necessary (by decision of the head of the department).
Download for viewing and printing:
Article 144. Procedure for considering a report of a crime of the Criminal Procedure Code of the Russian Federation
Article 162. Term of preliminary investigation of the Criminal Procedure Code of the Russian Federation
Hint: a person should receive a response to the application no later than three months later. If they refuse to open a case, they will inform you about it within three days.
Administrative liability for theft in 2021: studying the Criminal Code of the Russian Federation
In the already mentioned art. 7.27. The Code of the Russian Federation on Administrative Offenses states that petty theft of someone else’s property, the value of which does not exceed 1 thousand rubles, by theft entails:
Imposition of an administrative fine - in the amount of up to five times the value of the stolen property, but not less than one thousand rubles
or
Administrative arrest - for up to 15 days
or
Mandatory work - for up to 50 hours
Note! In 2021, consideration of cases of petty theft falls under the competence of magistrates.
What happens after receiving an application
Law enforcement officers are required to follow procedure. Each employee has his own responsibilities. So, initially the duty officer works with citizens. It should do the following:
- accept a written statement;
- check the correctness of the composition and the presence of the applicant’s signature;
- warn about liability for knowingly false denunciation ;
- give the person a document confirming acceptance of the application.
If a crime is reported orally, the duty officer draws up a protocol. It contains information provided by the person. The latter is obliged to provide his personal data to draw up the protocol, as well as sign the document.
Attention: anonymous applications are not grounds for criminal proceedings.
An investigation is being carried out based on the facts stated in the citizen’s application . This work is done by investigators. Within three days, they are obliged to find out whether the offense contains elements of a criminal offense. In his absence, prosecution of the thief is possible within the framework of the Civil Procedure Code (less than 2.5 thousand rubles were stolen).
During the check, the suspect is examined if he is identified as the burglar. The fact is that repeated theft leads to criminal liability regardless of the amount of damage. Investigators are required to take this fact into account when making a decision.
In addition, police have the right to perform other procedural actions at the crime scene:
- interviewing witnesses;
- selection of evidence;
- seizure of evidence, including video footage from surveillance cameras;
- requirement for inspections and audits;
- other.
Proof
If something is taken from your hand luggage in a public place, then evidence may include::
- Damaged items (cut bag or clothes).
- Surveillance camera footage.
- Eyewitness accounts.
- Instruments of crime that the criminal may have left behind.
Theft with penetration into a home has a qualifying crime , since it is associated with a public danger. We are talking about an attack not only on the property of the victim, but also on the inviolability of his house or apartment. Here they can talk about a crime:
- Traces of a break-in.
- Testimony from neighbors and random eyewitnesses.
- Records from surveillance cameras and video recorders.
- Traces left in the room.
- Documents for the equipment that the attackers took.
- Instruments of crime left in or near the home (master keys, knives).
If money is stolen, evidence may include testimony from friends and relatives who might know exactly how much money the victim kept.
Important! Before the police arrive in the apartment, do not remove anything or wipe away traces. By doing this, you destroy evidence and complicate the investigation of the crime.
What to write in the application
The victim can choose how to contact law enforcement authorities independently.
The duty officer does not have the right to demand a written document from him. However, in practice, it is better to draw up an official document (people rightly believe that this is more reliable). You can write the document at home yourself. Its form is practically no different from an application to any other government agency. The document is divided into three parts:
- The following data is written in the header (in the upper right corner): name of the institution (police department);
- position, surname and initials of the boss (prompt at the duty station);
- personal information about the applicant in the format: full name;
- place and date of birth;
- place: registration and residence;
- work.
- what happened;
Sample statement to the police about theft of property
Download for viewing and printing:
Example of a statement about a theft
Hint: the document should contain strict language without emotional overtones. It is important for specialists to obtain complete information about the situation.
Legal advice
Filing a report of a theft is not an easy task.
The victim concentrates on his emotions, and because of this, he misses important details of the case for the investigation. Involuntary concealment of information slows down the detection of a crime. That is, it turns out that the robbed person harms himself. In order not to confuse the investigation, you must adhere to the following instructions:
- The stolen property must be described in as much detail as possible. Indicate the brand, size, color and other details. If you have a passport for the stolen equipment, it should be brought to the station. It’s even better when the victim can provide a photo of the missing person.
- The document must indicate not only the value of the missing property, but also an assessment characteristic - the significance of the damage. The victim must independently assess how much he has suffered. In addition, it is advisable to provide facts that prove this assessment (low salary, many dependents, etc.).
- The object of theft may have moral value for the victim (an inheritance or a gift, for example). This fact is also indicated in the appeal.
- It is necessary to provide all the details about the scene of the incident. For example, if a thief broke into an apartment, then you need to report an open window or strange footprints.
Attention: in the event of a burglary, traces of the crime must not be destroyed. The police should be called to the scene by telephone.
What to do if money is stolen from your card via the Internet?
In accordance with the current legislation of the Russian Federation, the bank is obliged to return the money to the cardholder if:
- the holder did not violate the rules for safe use of the card;
- the cardholder informed the bank about the unauthorized transaction as soon as possible (no more than one day from the date of receipt of the transaction notification from the bank).
It should be understood that it is impossible to cancel the operation itself, but it is possible to return the funds withdrawn from the account. To do this you need:
- If you discover theft of funds from a bank card, immediately report the theft to the bank and request that the card be blocked . You can block the card yourself via the Internet system or mobile application. Sometimes this is faster than calling a call center operator. However, it is still necessary to report the incident to the contact line operator.
- immediately after calling the bank, immediately report the theft to the police by phone 02. This will record the fact that the owner of the bank card has contacted you and will complicate the attempts of unscrupulous police officers to illegally deny you the right to file a statement about the crime committed.
- no later than the next day after receiving a notification from the bank about debiting funds from the account, come to the bank branch and submit a written statement about the theft of funds from the card and blocking the account. This will increase the likelihood of successful return of funds to the victim’s account.