The mobile phone is the most popular means of communication that is used by every inhabitant of the planet and allows you to keep in touch with the right people, make business transactions easier. According to investigation statistics, cell phone theft is considered one of the most common types of crime. However, not many people know that this type of criminal act is punishable by criminal punishment and a term of several years in prison or detention.

Under the theft of a smartphone, tablet or other personal means of communication in the modern Criminal Code of the Russian Federation, a criminal secret and gratuitous seizure of a technical device from its rightful owner is considered. In the case of a crime, theft in all cases is carried out in the presence of direct personal intent, selfish motive.

Such a criminal act is considered committed immediately from the moment the cell phone is actually confiscated from its owner. In criminal law, there is also the concept of embezzlement, which is different from theft. Theft is considered as a certain set of actions, which consists of the criminal seizure of the apparatus and its conversion to one's own benefit or in favor of third parties.

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Punishment for theft of a cell phone in accordance with the Criminal Code of the Russian Federation

The punishment for stealing a mobile phone is provided for all thieves, but what type of sanctions and how much they give for a particular crime should be clarified in each individual case. The corresponding article in the criminal law provides for the existence of an appropriate punishment for committing a secret abduction of someone else's apparatus. If a person is accused of stealing a cell phone, then the court may determine the following types of punishment for the offender:

1. financial penalty;
2. correctional work;
3. Forced physical labor;
4. Arrest;
5. Deprivation of liberty.

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In most cases, the seizure of the mobile is carried out in public institutions, in transport or under dubious circumstances, secretly and unnoticed by the victim. For a crime that is accompanied by theft of clothes, hand luggage or personal belongings of a mobile, there is a specific punishment:

1. A material fine, which can vary up to 200 thousand rubles and is calculated based on the amount of the offender's wages for a significant period;
2. Corrective physical labor for up to 2 years;
3. Compulsory works that can last up to 480 hours;
4. Forced labor for 5 years;
5. Imprisonment for up to 5 years.

Criminal liability for the theft of a mobile phone threatens all criminals who have reached the age of 14 years. If a person has not yet reached this age, then the situation of a juvenile delinquent is transferred to the juvenile department, after which the parents become subjects of the corresponding protocol. The article allows victims to apply to the court for further withdrawal of material damage from their parents.

What should you do if you find a mobile phone?

Many people have not only encountered criminal thefts of cell phones, but also found such valuables in public places, transport or on the street. However, few people know where to turn and what to do at the time of an accidental discovery of a means of communication. If the phone was found in public transport or a crowded institution (for example, at a metro station, in a store, pharmacy or clinic), you should hand over your find to the bus driver, the owner of the institution, the seller or the responsible employee. If there were no officials nearby, you need to contact the administration of the institution, where the owner can come in the future and find out the fate of his cell phone.

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If the phone is found directly on the street, on a footpath, in a park or near a public transport stop, you can try to find the owner yourself, ask the people around you. If such actions are ineffective, for a safe return, you can turn on the device and call one of the numbers to find out the identity of the owner.

Thus, if a mobile phone is found, you should not try to appropriate the find, since such actions are regarded as theft and criminal acts. Modern methods of investigation and search for means of communication make it possible to locate the phone, therefore, in order to prevent negative consequences in such cases, it is necessary to contact the administration of the institution or the internal affairs bodies.

What should I do if my mobile phone is stolen?

At the moment of detecting the theft of a cell phone, it is necessary to contact the department of internal affairs at the location of the crime scene with a corresponding statement drawn up in the name of the head of this institution.

This document must provide the following information:

1. Personal information about the applicant (initials, passport details, contact details for communication);
2. Place, date and time of the crime;
3. Characteristic signs of the offender, if such data are known;

Full technical description of the cell phone (year of production, model, color, special features, individual identification number of the device).

After registering the application, the responsible officials are required to conduct an audit. Based on the results of such actions, a criminal case is initiated on the fact of the theft, otherwise a decision is issued to refuse to initiate a criminal case. This option is practiced if the mobile phone was independently discovered after the application was made. Criminal acts of this nature are regularly disclosed by employees of the internal affairs bodies in the shortest possible time, after which the phones are found in pawnshops and places of resale of mobile equipment.

According to statistics, phone theft (Article 158 of the Criminal Code of the Russian Federation) is one of the most common criminal offenses.

What is the responsibility of the perpetrator and what should the victims do?

Concept and regulations

Under the theft of a mobile, one should understand the gratuitous secret seizure of the device from its owner. Such actions are classified as crimes of low significance and are considered committed from the moment the attacker takes possession of the phone.

Before you know how much time an offender will be given for stealing a phone, you need to understand what legislation governs this process.

In this case, we are talking about Article 158 of the Criminal Code of the Russian Federation. It consists of 3 parts, each of which describes the circumstances of the theft and the subsequent punishment.

The degree of responsibility of the offender and the type of punishment for the theft of the phone depend on several factors:

• The amount of damage caused;
• The age of the person convicted of the crime (up to 14 years old, from 14 to 16 years old or an adult);
• He has a criminal record;
• The quantitative composition of the participants in the theft.

Criminal liability for theft begins at the age of 14. Persons under this age are registered with the Department for Juvenile Affairs.

At the same time, their parents are subject to a protocol under Article 5.35 of the Code of Administrative Offenses of the Russian Federation “Improper performance of parental duties”, which is considered by the Commission on Juvenile Affairs.

In addition, the injured party has the right to recover moral and material damage from the parents of a juvenile offender (Article 1073 of the Civil Code of the Russian Federation). They will also be fined from 100 to 500 rubles.

What is the penalty for stealing a mobile phone? The court can sentence the offender to the following types of punishment.

How to write a statement about the theft of a mobile? This document is compiled in free form and contains the following information:

The application is written in 2 copies - one is given to the police officer, the second (indicating the incoming number) must remain with you.

For each application, a special check is carried out, according to the results of which law enforcement agencies either initiate a criminal case on the fact of theft, or issue a decision to refuse (for example, if there was no theft, and the applicant found the phone at home / in a bag / in a pocket, etc.) .).

Many people ask whether it makes sense to write a statement in case of theft of a mobile phone? Of course it makes sense!

Moreover, in most cases, the successful outcome of the case depends on the efficiency of the victim, because crimes of this kind are revealed only in hot pursuit.

If there is a large amount of money on your mobile account, contact your mobile operator and ask to block the number. If the phone number is tied to a bank card, and you have lost your wallet along with the device, urgently call the bank and block the cards.

Where should the victim go? An application for the theft of a phone to the police is submitted to the department that is located at the scene of the alleged crime. If the duty officer refuses to accept the document, write a complaint to the prosecutor's office.

Pre-investigation actions take about 30 days. During this time, the victim has the right to find out the name of the investigator, clarify information about the progress of the verification of this application and find out what work has been done.

Such actions encourage law enforcement officers to take action, because practice shows that such crimes are not a priority.

Do not rely only on law enforcement officers. Look for a phone on your own - go through commissions and pawnshops, review ads on sites with used things.

If you see your device, contact the investigator - he is obliged to legally seize the stolen item.

If the person who committed the crime was detained, but the stolen phone was not with him, the injured party may apply to the court with a demand to compensate for the damage caused to him (both material and moral).

The claim should indicate the approximate amount in which you estimate the inconvenience and suffering caused to you. However, the final amount of the payment will be determined by the court.

According to the legislation in force in Russia in 2019, claims must be filed during investigative actions.

If the defendant is able to pay the cost of the stolen device before sentencing, the court will take this into account and reduce the sentence. In this case, it is better to receive money from the criminal at the police station or in the presence of a third disinterested person.

Can they put me in jail or apply any other measure of punishment if the device was found?

To keep yourself out of big trouble with the law, follow this pattern:

The best option is to take the found device to the police and make a statement about the find.

How to protect your phone from theft? There is only one way out - keep it with you and carefully monitor your own things.

But in order to protect personal information and make it almost impossible to use a stolen device, there are much more ways:

Now you know what will happen for the theft of the phone, and you can protect your rights in case of their violation. Be attentive to your own things and give up the thought of appropriateing someone else's!

In this situation, humanity is divided into two categories. The first includes people who do not want to waste time looking for the loss, and after the current trouble they will simply take and order a new mobile phone for themselves. In the second place, we will include individuals who do not have the money to solve this problem, or just a stolen smartphone has become dear to them and returning the loss as soon as possible will be a pleasant gift. From this article you will get the answer to the question: ''What should a victim who has had their mobile phone stolen do?''. Let's look at three ways to solve our problem. So, let's begin:

amateur performance

We recommend sticking to this method of finding a phone only if you are using public transport and that the smartphone was only a couple of minutes ago, but now it is gone.

First of all, quickly examine the bag, backpack, suddenly the mobile phone just fell behind the lining. If you can't find it, ask a neighboring passenger to call your number, and then you should listen, maybe the thief is still on the bus. Then ask the passengers for help, call the police, and wait for their arrival.

Everything, write is gone

In difficult situations, a person is used to saying: “That’s it, write it down.” This means that an unpleasant event has occurred in which it is already impossible to change anything. Right, in our case this confirms the statement and gives the first way to solve our problem.

Firstly, if a mobile phone is stolen, the first thing to do is contact the nearest police station from the scene of the incident and write a statement about the loss of the gadget. Yes, the chances that they will be found are small, but still the attempt is not torture. This will not necessarily be a department of the Ministry of Internal Affairs, a traffic police post will also do, and if you don’t find this, then contact the fire department, which will also accept your application.

Then, call your carrier and report that your mobile phone was stolen, and then they will block the SIM card. Do not do this immediately after the incident, as the thieves, before handing over the trophy to merchants, call friends to talk to them about the money you set about the phone. Do not despair, because thanks to the outgoing calls made, the criminal will be easier to find. Come to the department every day and find out what progress is being made in the investigation of your case. This is hooliganism, so the police are not very happy to investigate such crimes, but it depends on the nature of the investigator chosen for you. Also, when you come home, we recommend that you change the passwords of all accounts on the network so that the thief does not use banking or other data, and the property remains unharmed.

Many people have not heard of the IMEI phone registration number. This is an individual code for each device. Modern smartphones are equipped with such a function. To find out what IMEI the phone has, take it and dial the command * # 06 #, and the numbers that will be displayed on the screen will be the IMEI. Also, this code is indicated on the box of the device. Write these numbers down on paper. In case of theft, this 15-digit code will make it easier for the police to find the stolen smartphone.

How it works? After entering the code to get the IMEI, the location of the owner becomes known to the main computer of the mobile phone company. Don't be afraid! That we are constantly being watched is a generally accepted fact. And there is nothing left but to accept.

Find my device

If a mobile phone is stolen, the Find my iPhone or Find my Devise applications, designed to find the location of stolen phones, lock the screen with a new passcode, will help in investigating the case. When using this application, it remains to be hoped that the criminal, in unsuccessful attempts to unlock the smartphone, will consider the device to be broken hardware and throw it into the nearest trash can. The police at that time, trace the location of the phone and return it to the victim.

Anyone can steal a mobile phone, no one is safe from this. The number of incidents is on the rise. If a mobile phone is stolen, following the steps presented in this article, there is hope for a positive search result. Be careful everywhere. Are you worried about your phone? If yes, then we offer the following option. We have a service on our site called ''Passport'', created to determine the originality of each mobile phone, as well as to track the status of the owner. In such unpleasant situations, the service provided by us will be of great help in the search. Sign up and add your phone to

Theft of expensive equipment flourishes, since it is difficult to prove the fact of theft, and it is very easy to sell property. They steal laptops, tablets, but most often it is customary to steal mobile phones. And if the phone is stolen, it is very difficult for the owner to return it, and even more so to bring the thief to justice.

What to do if your phone is stolen

Mobile phone thefts are common not only in Russia, but also in Ukraine, Kazakhstan, Belarus and even England. Modern gadgets are quite expensive and easy to sell. Therefore, the more expensive the pipe, the higher the chances that it can fall into the hands of a thief.

The owner of a smartphone, from whom it was stolen for the first time, may be confused and not know what to do. This allows the robbers to escape from the scene of the crime and sell the stolen goods in the shortest possible time. If the attacker was able to steal the phone, you need to perform a number of actions to quickly detect the loss:

1. You should call your number right away. For example, from a mobile friend. If the thief did not have time to go far or turn off the phone, he can easily be found.
2. When the mobile is not turned off, the owner can send an SMS message to the thief with an offer to buy the gadget.
3. Be sure to call the operator and ask to block the SIM card. But you shouldn't do it right after the loss. If a criminal calls from this number, it will be easier to find him.

If all these actions did not help in finding the gadget, you should contact the police.

Where to go

According to the Criminal Code of the Russian Federation, theft of a cell phone falls under Article 158. The minimum term of imprisonment for this is up to 2 years. If aggravating circumstances are found, then the punishment for theft will be much more serious. The sanction of this article also implies the payment of a fine. Therefore, how much the attacker will have to pay and what exactly threatens for the theft depends on the qualification of the crime.

The owner of the phone can contact the police. If the theft was committed on the street, you can immediately go to the patrol officers. Often this helps to find criminals in hot pursuit. In other cases, it is worth going to the nearest police station and filing a complaint. An investigation into the theft of property will be conducted.

The chances of finding a stolen smartphone through the police are quite high. Law enforcement officials can trace the phone and determine the identity of the perpetrator. But often such cases are ignored by the police, as obviously unsolved. You can complain about their work, or rather, inaction, by making a complaint to the management of the unit or to a higher authority. But, as a rule, this does not greatly affect the detection of such petty thefts.

How to apply correctly

You still need to write a statement to the victim. The main thing is to arrange everything correctly. Usually police officers help citizens with this by providing a sample. However, it is important to consider the following when designing:

1. The application is made in the name of the head of the department. Therefore, in the “header” of the document, you should indicate his full name, title, etc. You also need to write your personal data.
2. Next comes the part of the document in which the victim needs to state in detail the circumstances of the theft of the phone. If he does not know when exactly the theft took place, all the events of that day should be described.
3. You also need to indicate which phone was stolen. That is, the brand, model, some individual characteristics of the thing. The mobile number is also written.
4. Then the request is indicated to find the intruders and return the stolen goods. If there are suspects, their personal details should be provided.
5. Further, the applicant must indicate that he knows about criminal liability for defamation.
6. Date and signature.

Reference: if the owner knows the IMEI of the phone, then it is necessary to write it in the application. This will make searching easier.

When submitting a document, you should make sure that the police officer has registered it, that is, entered it in a special journal. The applicant must be issued a ticket with a registration number, with which he can observe the progress of the investigation. If this procedure is not followed, the application may simply disappear. It will be impossible to prove the fact of conversion after that.

Is it possible to find a mobile phone on your own

It is quite difficult to return your phone on your own, unless, of course, the thief was caught at the crime scene. If the attacker did not turn it off, which is extremely rare, then you can arrange a return with him. Usually malefactors return the property for reward to the owner or his relatives. Of course, everything happens through a figurehead. The owner of the smartphone will be told where to come in order to get it back.

The owner can go around the nearest outlets that sell old phones. Some sellers sell stolen gadgets. If the smartphone was expensive or had some individual characteristics, it can be recognized. True, you will have to buy it, since it is quite difficult to prove the sale of stolen goods.

How to protect yourself from scammers

The theft of a phone now for many means not only the loss of an expensive thing. Smartphones contain a huge amount of confidential information, including various passwords, pin codes from bank cards, etc. Therefore, you need to be very careful to ensure that the mobile cannot be stolen.

So, you need to do the following:

1. Write down the phone's IMEI. It is usually listed under the battery. This information is also indicated on the warranty card. The code will later track the smartphone.
2. You can’t carry a gadget in your pocket, especially in crowded places, in transport, etc.
3. If the phone is carried in a bag, then secret pockets should be used to store it. This will make it more difficult for the thief, as he will not be able to quickly pull it out.
4. To prevent personal information from falling into the hands of a criminal, you should set a lock on the phone itself, as well as on applications.
5. There are special programs that allow you to locate the phone when it is lost, as well as block it. At the right time, the program can turn on the front camera on the device, GPS, etc. Control is carried out both via SMS and via the Internet.
6. You should not take an expensive phone with you when going for a walk in the evening or with an unfamiliar company. In order not to be left without communication at all, it is enough to buy an inexpensive mobile phone and use it from time to time.
7. Also, you can not leave the gadget unattended, especially for a long time.
8. When purchasing a phone that has already been used, it is important to check it for theft. Again, this will require an IMEI. There are many sites where you can use this code to find out if the device is wanted.

For theft, the offender may face a prison term, correctional labor or a fine. However, this does not stop lovers of easy money. Therefore, the safety of property depends on the owner. If the phone was nevertheless stolen, you need to do everything possible to catch and punish the thief. Even if contacting the police seems futile, you should write a statement. Although such thefts are revealed infrequently, there are still chances.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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