One of the common types of crimes is theft. Law enforcement agencies urge citizens to be vigilant, but criminals are also actively improving their methods. When applying to law enforcement agencies, you must strictly comply with the established requirements.
Rules for writing a theft
Any value can be stolen: mobile phones, appliances, savings, jewelry or antiques. But for justice, the size of theft does not matter. Decisive is the fact itself. It is important to consider the following circumstances:
- Where is the theft claim filed? If we are talking about apartment theft, the application is drawn up according to the territorial affiliation of the property. If happened on neutral territory, then you should contact the nearest police station.
- There are types of theft that are considered petty theft. In such cases, the offender escapes with administrative measures. If a thing with significant value is stolen, a criminal case will be instituted.
- The theft application must be filed as soon as possible. Firstly, in this situation there is a chance to get evidence left at the place of theft. Secondly, criminals can be caught in hot pursuit until they have time to sell theft.
- According to the Code of Criminal Procedure of the Russian Federation, an application for theft can be made verbally or in writing. In some cases, when the victim is not able to write a statement with his own hand, he must be drawn up by the duty officer on duty. For oral applications, a special form is used.
- It should be borne in mind that in practice, representatives of law enforcement agencies may refuse to accept the application. In this case, reference should be made to Article 144 of the Code of Criminal Procedure, according to which this fact qualifies as a violation of the law. Within the framework of this document, each appeal of citizens should be accepted and registered in the proper manner, regardless of the place of the crime. Applications are accepted around the clock.
Reasons to refuse
Accepting a statement and initiating a criminal case is not the same thing. Perhaps the case does not fall under the parameters of a criminal offense, but it must be recorded necessarily. If you refuse to accept the application, you should write a complaint to the prosecutor. When forming, one should be guided by the sample of the theft statement. In this case, the failed employee faces at least disciplinary punishment, and at the maximum - criminal liability.
The following aspects of the incident cannot be the reason for the refusal to accept the application:
- Territorial affiliation.
- The content of the statement.
- Lack of free staff to accept.
- The amount of damage from theft.
In order to protect their rights, every citizen is not required to be legally literate, although this moment significantly simplifies the tasks when contacting law enforcement agencies. If the incident does not fall within the competence of the police, then it must direct the citizen to the appropriate unit of the power structures.
Terms of circulation
Theft refers to crimes of moderate or minor gravity. The theft statement and its deadline do not imply a strict time frame. If, upon the commission of a crime, an appeal to law enforcement bodies is not recorded, then the next time period is from 2 to 6 years. After this period, the refusal to consider the application will be legal.
Clearance process
What will happen after they filed the theft? Over the next 3 days, law enforcement agencies must determine the qualifications of the application. There are two possible outcomes: criminal prosecution or denial. Depending on the specifics of a particular case, the period for consideration before determining the prospects of the application may be extended from 10 to 30 days.
If the victim does not agree with the original decision, then he can appeal it. In order for the filing of an application for theft to the police not to violate the established deadlines, it is necessary to receive a coupon notice from the duty officer of the operational service. It contains the following information:
- F. I. O., position and title of the employee who accepted the application.
- Information about the duty unit.
- Date of receipt of application.
In addition, in some cases it is necessary to obtain a certificate of theft. This item is especially relevant if documents or entrusted property have been stolen. Help is useful for restoring documents.
Important aspects
Not all citizens know how to write a theft statement in accordance with established standards. If the victim does not have the opportunity to write a statement on his own, then the duty officer must draw up a protocol based on the testimony of the victim. The victim must be personally acquainted with the contents of the document. If he considers all facts and information true, then he signs the document.
Important recommendation: the victim is advised to operate on the facts and provide the most accurate information. A sample application for theft of property to the police excludes emotional judgments and an art form of filing. Petty information helps to correctly qualify a crime, since the same phenomenon for an ordinary person can be interpreted differently in legal terms. For example, theft is easily confused with robbery or robbery. In the process of finding out the details, the investigator will ask many questions. The answer to them should also be unambiguous and as accurate as possible.
How to write?
If the victim writes a statement with his own hand, then it should contain the following information:
- The head of the department where this document is drawn up is indicated as the addressee of the application to the police about the theft of property. It is necessary to indicate the full name of the head, position and title.
- It is necessary to provide full information about the victim: address of residence, contact details and initials.
- A detailed description of what happened: when and how material damage was caused, what material values were stolen, under what circumstances everything happened, etc.
- The purpose of writing a statement. Typically, wording like “Please take action in accordance with the law” or “Please find the guilty and punish.”
- Date of formation of the document and signature of the victim. Applications without specific initials will not be considered.
If you have questions about the design of the document, then you should focus on a sample statement about theft to the police. There is article 306 of the Criminal Code of the Russian Federation, which blames the applicant for knowingly false denunciation. It is not superfluous to mention this article and your awareness of it.
Police decision
The police will carefully check all the information provided. Therefore, if suddenly one or another thing is not found on the spot, you should first make sure that it is not lost due to your own forgetfulness or inattention. Another point - the police will definitely ask about the circle of people whom the victim suspects of committing a crime. It is important to always remember that the intentional provision of incorrect information, attempts to mislead the investigator and false information will be criminally punished.
It should also be borne in mind that suspects will be brought to the police station and questioned. If this is someone from the closest circle of acquaintances, you need to think about how further relations will develop if he turns out to be innocent.
In what cases is the application withdrawn?
The legislation does not provide for cases in which it is considered acceptable to pick up a theft statement. It cannot be revoked or canceled. If the investigation and interrogations found out that in fact there was no crime, and the missing material assets were found, then another statement should be written to the police with a request to terminate the criminal case.
What to do if there was an unpleasant situation in which there was no theft, and the thing disappeared for other reasons? For example, forgetfulness or carelessness of the owner. Law enforcement officials often exert psychological pressure, indicating a false denunciation. One should not give in to their position; it is better to sincerely repent of a perfect mistake.
The reverse action of the application is possible only at the stage of judicial consideration. The legal basis for this is Article 25 of the Code of Criminal Procedure. In particular, the article states that a criminal case may be terminated in connection with the reconciliation of the parties or on the basis of a request from the victim. Such an outcome is permissible, since the theft, depending on various circumstances, refers to crimes of small and medium gravity.
The definition of theft by law
The Criminal Code gives clear definitions about theft. In this matter, reference should be made to Article 158 of the Criminal Code of the Russian Federation. In other words, theft is explained as a secret theft of material assets. A crime is considered completed if the offender managed to steal property or sell it. But the last condition is not of fundamental importance. Robbery or robbery differs from theft in that they are committed with the use of force. The jurisprudence also distinguishes theft from the appropriation of entrusted property. In each case, the offender faces different penalties.
Signs
In determining the following circumstances of the crime:
- The theft of property remains secret until a certain time. For example, before the inventory, when it comes to theft at the enterprise.
- The crime was committed by persons from whom the victim did not expect harm. For example, it can be acts of relatives, acquaintances or neighbors.
- There were witnesses at the incident, but they did not realize that it was a theft of property. For example, valuable paintings can be stolen from a museum under the guise of restoration work.
Qualification
Article 158 of the Criminal Code considers three types of theft:
- Qualified.
- Highly qualified.
- Simple.
Species differ in the amount of damage done and the consequences for the injured party. Theft is considered criminally punishable, the damage from which exceeds 1000 rubles. If the amount of damage is less, then the offender gets off with administrative measures.
Aggravating circumstances
Each crime considers the circumstances of its commission. They can play a softening or aggravating role. Circumstances also affect the determination of the penalty. Aggravating circumstances are as follows:
- The theft was committed not spontaneously, but as a result of preliminary preparation and organization by a group of persons. A group is considered to be more than 2 people.
- Illegal entry into foreign territory.
- A group of individuals is organized to commit crimes.
- The extent of the damage: the more they are, the more severe the punishment.
The judge is responsible for determining qualifications.