But when the phone was found by someone and used by someone illegally, then there is a corpus delicti and it is called theft.
Ostapyrko Sergey

No, this is by no means the case.

The objective side of the corpus delicti provided for by Article 158 of the Criminal Code of the Russian Federation is that the kidnapper seizes property from the owner. In other words, the property is dropped from the owner’s possession against the will of the latter and as a result of the actions of the thief.

If the property is lost by the owner, and the latter does not know his whereabouts, then it, this property, has already left the property of the owner. It is lost. Anyone who finds him can not be recognized as a kidnapper, because he did not seize property from the ownership of the owner. He found already lost property, the owner of which may be unknown.

The appropriation of the property found does not constitute a crime under the Criminal Code of the Russian Federation.

In the old, Soviet Criminal Code of the RSFSR, there was an article providing for criminal liability for the appropriation of the find, but only if the appropriated found property was "socialist", i.e. belonged to the state, collective farm or other "socialist" organization (the church, for example, was not considered a "socialist" organization, and the theft of church property was punished as theft of personal property belonging to a group of citizens, sic!)

Responsibility for the appropriation of the lost personal property of citizens (the concept of "private property" applied only to the legislation of the so-called "capitalist" states) was not in the Soviet criminal code.

the beauty of the cassation did not prevent the investigation from opening the case and bringing it to court, nor the court of first instance to pronounce the verdict
Ostapyrko Sergey

Yes, for the following reasons:

1) in the investigation and in the court of first instance there are "diplomas" who do not distinguish the appropriation of the find from theft. The undergraduates, “doubles”, alas, have now filled investigative and especially prosecutor’s offices.

2) the lack of money for many accused under this article to invite a qualified lawyer that can explain to “law enforcement officers” their misconceptions. And always - the pressure of the menace, convincing the “appropriator” to write a “confession”, for which he will only receive a small fine; then a lawyer appears on the appointment of the investigator, who convinces the unlucky “appropriator” to “confess everything” and file a motion for a special trial procedure in order to obtain a minimum sentence.

The motive for the actions of UR is obvious: for the lost and found thing the operative will not have anything, no gingerbread; at the same time, every “crime” uncovered in this way improves the performance of SD. However, these are well-known truths.

3) the general principle of domestic administration of justice, according to which acquittals are allowed only in the most extreme cases, since an acquittal will inevitably be followed by “organizational conclusions” in relation to the investigator and the prosecutor. And the judge, as you know, is the same state official as the prosecution representatives, they are of the “same blood”, moreover, they work in constant contact. Naturally, the investigator and the prosecutor to the judge are much closer than some Vasya Pupkin. Imagine our mighty power, the sixth part of the land, the third Rome, etc., etc., will shell out cash compensation for the rehabilitation of some Pupkin ??? it’s easier to plant him, who he is ...

Only as a result of such a criminal policy, the “stick system” of assessing the work of the criminal investigation department and the availability of a law degree for ignoramuses and ignoramuses, the practice of accusations of theft of persons has become possible in some places. appropriating the find.

Some time ago my phone was stolen (white Acer Liquid A1). How this happened and why is not important; the story is not about that. Like any reasonable and savvy person in modern technology, I tried to find and return the phone.

What usually does a person who has lost a legally purchased phone have in their hands? I personally had the following:
1 package.
2. The remains of a complete set (all kinds of covers, headphones, instructions that settle together with the packaging of the house on the shelf).
3. Warranty card.
4. My own phone number (a SIM with a number is lost along with a mobile phone).
5. IMEI number.
The last point, in fact, is the most valuable.

After a little thought, I had only a few ways to try to establish the location of the phone:
1. Contact your mobile operator to determine the position of the phone by IMEI.
2. Write a statement to the police (then it was still the police, if someone fundamentally).
3. Use a third-party phone search application that was installed on it.
4. Browse popular places of sale of equipment, trying to find your phone (for example, VK ads, etc.).

Call to the operator

Immediately after the loss, the operator should be called to:
1. Block the SIM card (to prevent money from leaving the account "to the left" and to further restore the number).
2. Try to find out the current location of the phone (or at least the last known location).

The first paragraph is executed clearly and quickly, with the second there are serious problems. After 30 minutes of talking with the senior technical support operator (they switched me from the “lower” to the highest level at my request), they refuse my request. In short, the dialogue looked something like this:
- I want to set the location of the lost phone via IMEI and / or block it.
- We do not have such a technical opportunity.
“You have such an opportunity, I know.”
- We have such an opportunity, but this happens through our Security Service only through the Police.
- Connect me, please, with the Security Service.
- The security service does not communicate with customers; all requests to it go through the police.
And further around.

Contacting the police (police)

To write an application, the following is required:
1. Passport
2. Original packaging with IMEI number (just having a number does not work, it is checked when filling out the application).
3. A check (!) Confirming the fact of the purchase of the phone.
4. Patience for standing in lines and writing numerous statements.
If someone follows in my footsteps, I recommend writing “loss” rather than “theft” in the application - you will save your time filling out papers + the theoretical time for processing the application and transferring it to the operator’s Security Council.

“In confidence,” the policeman told me that:
- People like you, a guy comes in 10 people a day. You think your phone is?
- And what does the statistics say?
- Nobody will do this - the case will hang for 30 days and will be closed after the deadline.

I must say right away that I expected this and, looking ahead - my police and my mobile phone operator could not find the telephone number.

Third-party phone search / lock application

No matter how sad it was, I didn’t have any third-party applications installed at the time I lost the phone, so I am writing this piece of the article based on the results of my testing with the new device.

All applications that help you find your phone require the following conditions:
1. The application must be installed on the phone.
2. The phone must be turned on and connected to the network via WiFi / GPRS.
3. The phone should not be reflashed / reset to "drain" after loss.

As you understand, the last point is the problem. After losing the phone, a SIM card, battery and memory card are pulled out of it; after which the phone with the memory card (at best) is formatted, at worst it is flashed, and the memory card is ejected or put into another phone. This method works only in 5% of cases when the phone after the theft falls into the hands of amateurs (alas, not my case).

Sales Announcements

I looked at VK ads, ads on Avito.ru and Hand-to-Hand for a month after the loss. During this time, I saw only three ads for the sale of a similar phone.
1. The first announcement was dropped due to "A new phone, packed, never got, a complete set." Of course, I now understand that I should have checked it in a good way, but the likelihood that for my (quite not popular phone) the package was completely restored was extremely small.
2. I honestly was late for the second announcement, although it was suitable for the description (“Phone + not original case + wire for the computer, I threw the box out after purchase”). I was informed that the phone was sold and said goodbye.
3. The third announcement was also suitable (“The condition is excellent, phone + charging, there is no box”), and I managed to get it. I made an appointment with the seller and during the inspection of the phone I checked the IMEI on the sticker under the battery - alas, it did not match mine.

Of course, there were still various markets / trays / commission fees, etc., but in St. Petersburg there are so many that it is simply impossible to find a phone in this heap “manually”.

In the process of finding a phone for announcements, they called me from the police and informed (as promised) that the case was closed after the deadline and my phone was not found.

The system is not perfect

The phone could not be found (and you thought it would be “Happy End”?). I would like to note two main reasons that prevented a quick and easy recovery:
1. Reluctance of the telecom operator to search the phone via IMEI at the request of the user. Because formally, this procedure is carried out only through the police (where such statements are made by a carriage and a small cart), the “investigation” is delayed and there is generally no fact that it will be made.
2. Third-party software for smartphones is easily erased by more or less experienced "specialists in the resale of lost phones."

If you think a little, the solution to the problems comes to mind by itself:
1. The end user should be able to independently find the lost phone without the help of a telecom operator and / or police.
2. This functionality should be available in any state of phone firmware and the set of applications installed in it; current logins in Gmail, etc. Roughly speaking, this should be a native-system, independent of any external factors.
To understand how such a feature should work, you need to once again understand what is usually available to the owner after losing the phone. In fact, this is a box with pieces of paper and a copy of the IMEI phone.

Idea

In the box with the phone you need to put, say, “PIN-envelope” with a unique key that works in conjunction with a unique IMEI phone. On some official website of the phone’s manufacturer (or the OS installed on it), the user can enter IMEI + IMEI PIN, by which they can access the phone’s coordinates and related information (for example, current phone number, Wipe All Data capability, etc.).

Of course, it should be understood that the system in this form is not safe enough (because you can lose the box from the phone, while the phone can still remain with you. Additional security can be achieved by linking (using the Android example) a Google account to a similar one. service.The logic is simple:
1. The IMEI of your device is tied to your Google Account only upon request and the introduction of an IMEI PIN.
2. When entering the correct data (Google Login + Password, IMEI + IMEI PIN), you see the current status of the device.
3. If the phone was reflashed and used with another Google account (although it was previously used with yours), this information is available to you.
4. You cannot use this functionality if you have not entered an IMEI PIN on your Google account on the current device.
5. IMEI PIN cannot be changed, cannot be "sent again by e-mail", is not available on the phone itself in open form. Losing the IMEI PIN, you lose the ability to restore the device.
6. When, say, a resale of the phone, you give the buyer an IMEI PIN, with which he "unties" the phone from your account and ties it to his.

Instead of a conclusion

Of course, such a system will not be a 100% guarantee of recovery.
Of course, such a system is vulnerable to the loss of an IMEI PIN number.
Of course, IMEI phone can be changed.

The probability of finding your phone with at least a 50% probability is better than a probability of 5%.
The box from the phone with IMEI PIN can be lost, but no one bothers to store the IMEI PIN in another place (for example, on a flash drive or in a piggy bank).
Changing the IMEI phone is a criminal offense, unlike "yes, I just found it, was lying in the bushes."

thank

I hope that the first part of my story will give a little idea of \u200b\u200bhow things are with finding the phone now.
I hope that the second part of my story will someday be embodied in a more robust form than just an “idea” and find its application in life.
Hope you never lose your phones!

Tags: smartphones, data security, mobile communications, life story, gopniks

Loss of information in the 21st century is a shock for any person. And if the data entered on the mobile phone, with which the people do not leave one day or another, is gone? For example, the numbers of the "necessary" phones? This is a real disaster. Are there ways to “reanimate” information? Here, as they say, options are possible.

Missing data from SIM card

It is clear that the SIM card, like any other electronic device, can be damaged. What could cause data loss?

* It happens that the SIM card gives errors when trying to make or receive a call. This can happen due to damage to the SIM card detection device.

Sometimes, sometimes, the flap of the SIM card weakens. As a result, the latter ceases to function as it should and cannot accept or send a call.

* An electronic circuit that reads information from a SIM card may fail.

* Finally, a crash can occur in the card itself.

In the latter case, it will be necessary not only to replace the card, but also to restore the data on the damaged card. And this is a headache. Have to turn to specialists.

Phone stolen or lost

Option number 1. Further actions - contacting your mobile operator to use the Call Detailing service. Not in a year, of course, but, say, in the last quarter. They will give you a listing of telephone calls and indicate numbers, however, without names. Then it all depends on your memory or the help of work colleagues, acquaintances and relatives. In the end, of course, it will not be possible to restore the entire database, but the most needed phone numbers and the names of their owners will be saved.

Option number 2. You are an active user of ICQ or Mail.ru Agent. Take a look there. If you find the right people among the contacts, consider them to be in touch with you again. But it’s better to take the phone numbers again, because one or another person can rarely appear on the Web.

Option number 3. If you do not want to waste time looking for acquaintances, find one person who has the coordinates of at least six to eight people you have “lost”. This, of course, is a banal everyday way, long and tedious, but, as they say, the game is worth the candle.

Outside help

Last year, it was reported that, thanks to the Internet service called mobyko, now theft or loss of a mobile phone does not mean the end of the “mobile” life of its owner: the data stored in the mobile phone will not be lost. Phone numbers, any records, and similar data can be stored online in the mobyko database and at the same time be available always and everywhere. Thus, all data from a lost phone can be transferred to a new phone in five minutes. To work with mobyko service you need to register on the site www.mobyko.com.

So that the "irreparable" does not happen again

Get a notebook where you add new numbers from time to time. If it disappears, make a home “telephone piggy bank”, where you put small pieces of paper with the coordinates of new acquaintances. Information security is 100%.

By the way, people’s business cards can be stored at home: a phone number immediately into a cell phone and a notebook, an ICQ and email number into contacts, but don’t throw away a business card!

You can buy a spare SIM card. From time to time, paste it into your mobile phone and copy numbers. To avoid loss of information when the phone is rebooted (if a failure occurs), write the new numbers to both the memory and the SIM card.

One more tip, but its implementation is a troublesome business. Record new numbers in SMS messages and save in the archive. Then, if you lose your phone, you can use the same “Call Details”: it contains information about SMSs stored on your phone.

Finally, the last. If you have a computer at your disposal, use it as a notebook. Create a document (Word, Excel) and enter the addresses and phone numbers of the right people into it.

Losing a mobile phone is as unpleasant as it is unexpected, since it can happen almost anywhere: on the street, in a store, in a minibus, on a train or even at home. What to do if the phone is lost? Actively search, get depressed or run for a new one? We’ll try to talk about exactly what actions you need to follow if this unpleasant event happened to you.

Action plan

At that moment, when a normal day palms you with a very unpleasant force majeure in the face of an empty pocket instead of a mobile phone lying there, many react differently: someone will be sad and put a “cross” on the loss, others will tell friends or relatives, they’ll buy a new phone and promise to continue to be more careful.

For such a category of people, this article will end with this paragraph, but if you are going to be as active as possible and only one thought will come down in your head: the phone is lost, what to do - you know, you have to put a lot of effort, time and nerves to find the loss, especially that no one can give any guarantees in this difficult matter.

At the time of the loss of the phone, a second person is very often present - a pickpocket or any other attacker, so the faster you respond, the higher the chances of a successful result.

What should I do if I lose my phone on the street, in a crowded place or in a minibus? Try to look suspiciously at the people present: all of a sudden someone will give himself out with an involuntary gesture or begin to look away. Ask a passer-by, acquaintance or fellow traveler for his mobile phone (explaining the situation) and call your number. If the attacker did not manage to escape, then you have every chance to hear a familiar melody. In the case of a shake, you have to tighten your hearing.

It often happens that after a call from a third-party phone you will feel calming signals from your immense handbag or diplomat.

Contact the police

What to do if the phone is lost at the station, beach or in the store? After you make a test call and make sure that your phone is not in your purse or somewhere nearby, the first thing is to contact the nearest police station. The idea is that the duty officers on duty should quickly work out the territory of the loss, but in reality, law enforcement officers are very reluctant to rush to search for your phone.

It sometimes happens that some police officers know the local people involved in such fishing and can quickly talk to them until your device is sold or dismantled.

Mobile Phone SIM Card Lock

What to do if an android phone is lost? Block the SIM card immediately at the time of loss is not worth it. If your phone has been stolen and a careless pickpocket will call from it in the first few hours, then it will be much easier for the police to detect it.

Contact your service provider to block the SIM card after two to three hours after the loss. Instant blocking will be reasonable only if a significant amount of money or other confidential information is stored on your personal account.

Police statement

What to do if the phone is lost and the duty officers on duty could not find it in hot pursuit? Write a statement and take it to the call center. The statement is necessary not only for the police to start working on the fact of the loss, a copy of it is a significant reason for cooperation for your service provider, otherwise it may refuse to disclose the position of your mobile phone.

It is important to note that you must contact the police department at the place of abduction, and not at the place of residence. The application is submitted in free form, but when writing it is necessary to take into account some nuances. What to do if you lost your phone and the case was turned on, so it is by no means to mention that he was lost, write - stolen, otherwise the entire search procedure will be significantly delayed.

Indicate the full name, contact information by which you can always be contacted, the place and time the phone was stolen, as well as technical specifications. In theory, any staff member of the police must accept your application.

After submitting the application, be sure to write down its registration number from a special journal, otherwise it will be lost in the mass of the same. By this number, you can easily find out the name of the investigator who is engaged in your unpromising case, and you can follow up on your further phone search.

IMEI code

What to do if you have lost your android phone, and the documents on its purchase together with the warranty card are in your hands? As it was written above, in the statement, among other data, the technical characteristics of the device are indicated, where one of the most important details is the IMEI (“have”) the missing device.

IMEI is a kind of fingerprint of your smartphone, consisting of 15 characters, which displays brief information about the device. With the help of “have” the operator can track the movement of your smartphone on GSM-open spaces and with fairly high accuracy to find out its current location. The mobile operator, knowing your IMEI, is able to block the missing phone at the level of its subnet.

In most smartphones, “have” is indicated in four places: in the program code, under the battery, in the warranty card and on the phone packaging. In order to find out IMEI in the Android operating system, just dial the combination * # 06 # and write it down somewhere.

In many European countries, searching for a missing phone by IMEI code is a priority. In our country, with this method of searching, things are very sad. According to the law, the mobile operator can provide a report on the movement of the phone via IMEI only after a police request, which greatly delays the matter. In addition, criminals savvy in their business can replace your “have” with another, after which it is almost impossible to find a loss.

Don't calm down

What should I do if I have lost my phone and all the above items have been completed? Continue to persevere, call your investigator, and more often ask about the fate of the investigation. Establish normal human contact with the police who are involved in your business, then the chances of success will increase significantly.

Try to walk around the places of buying or selling stolen goods, and suddenly among the many gadgets you will come across exactly that one and only phone. Then, at least in this, albeit in a very unpleasant way, you will solve your problem.

Phone found

What should I do if I lost my phone at home or if I found it myself? First of all, call the police to your investigator and thank him for the successfully opened case, then inform the telecom operator to avoid blockages or other GSM-prohibitions and try not to lose the phone anymore.

Summarizing

After you have carefully and step by step completed all of the above, you can praise yourself: now you know what to do if the phone is lost. And if you could not find him, then do not get depressed, you fought to the last and did everything in your power.

There are special forums, blogs and projects where people who have lost their mobile phones come together, and as moral support and at least some comfort there you can bury your device with respect, indicating the city and date of disappearance, and at the same time add a comment with the wishes of the kidnapper’s health .

It is almost impossible to predict whether your phone will be lost or stolen, but if such a nuisance did happen to you, remember that no one except yourself is interested in finding it.

You can, of course, be sad at your leisure about the loss, and then go to the store for a new phone, but someone will venture out in a bold search for your favorite smartphone and, if luck would have it, find it, especially since a month after the gadget disappears - this is the time when his return is the real deal.

It remains only to wish all owners of mobile phones never to lose them, and if you lose, then quickly find. Be careful and keep your gadgets in safe places, away from the sun and dexterous hands.

Losing a mobile phone is as unpleasant as it is unexpected, since it can happen almost anywhere: on the street, in a store, in a minibus, on a train or even at home. What to do if the phone is lost? Actively search, get depressed or run for a new one? We’ll try to talk about exactly what actions you need to follow if this unpleasant event happened to you.

Action plan

At that moment, when a normal day palms you with a very unpleasant force majeure in the face of an empty pocket instead of a mobile phone lying there, many react differently: someone will be sad and put a “cross” on the loss, others will tell friends or relatives, they’ll buy a new phone and promise to continue to be more careful.

For such a category of people, this article will end with this paragraph, but if you are going to be as active as possible and only one thought will come down in your head: the phone is lost, what to do - you know, you have to put a lot of effort, time and nerves to find the loss, especially that no one can give any guarantees in this difficult matter.

At the time of the loss of the phone, a second person is very often present - a pickpocket or any other attacker, so the faster you respond, the higher the chances of a successful result.

What should I do if I lose my phone on the street, in a crowded place or in a minibus? Try to look suspiciously at the people present: all of a sudden someone will give himself out with an involuntary gesture or begin to look away. Ask a passer-by, acquaintance or fellow traveler for his mobile phone (explaining the situation) and call your number. If the attacker did not manage to escape, then you have every chance to hear a familiar melody. In the case of a shake, you have to tighten your hearing.

It often happens that after a call from a third-party phone you will feel calming signals from your immense handbag or diplomat.

Contact the police

What to do if the phone is lost at the station, beach or in the store? After you make a test call and make sure that your phone is not in your purse or somewhere nearby, the first thing is to contact the nearest police station. The idea is that the duty officers on duty should quickly work out the territory of the loss, but in reality, law enforcement officers are very reluctant to rush to search for your phone.

It sometimes happens that some police officers know the local people involved in such fishing and can quickly talk to them until your device is sold or dismantled.

Mobile Phone SIM Card Lock

What to do if an android phone is lost? Block the SIM card immediately at the time of loss is not worth it. If your phone has been stolen and a careless pickpocket will call from it in the first few hours, then it will be much easier for the police to detect it.

Contact your service provider to block the SIM card after two to three hours after the loss. Instant blocking will be reasonable only if a significant amount of money or other confidential information is stored on your personal account.

Police statement

What to do if the phone is lost and the duty officers on duty could not find it in hot pursuit? Write a statement and take it to the call center. The statement is necessary not only for the police to start working on the fact of the loss, a copy of it is a significant reason for cooperation for your service provider, otherwise it may refuse to disclose the position of your mobile phone.

It is important to note that you must contact the police department at the place of abduction, and not at the place of residence. The application is submitted in free form, but when writing it is necessary to take into account some nuances. What to do if you lost your phone and the case was turned on, so it is by no means to mention that he was lost, write - stolen, otherwise the entire search procedure will be significantly delayed.

Indicate the full name, contact information by which you can always be contacted, the place and time the phone was stolen, as well as technical specifications. In theory, any staff member of the police must accept your application.

After submitting the application, be sure to write down its registration number from a special journal, otherwise it will be lost in the mass of the same. By this number, you can easily find out the name of the investigator who is engaged in your unpromising case, and you can follow up on your further phone search.

IMEI code

What to do if you have lost your android phone, and the documents on its purchase together with the warranty card are in your hands? As it was written above, in the statement, among other data, the technical characteristics of the device are indicated, where one of the most important details is the IMEI (“have”) the missing device.

IMEI is a kind of fingerprint of your smartphone, consisting of 15 characters, which displays brief information about the device. With the help of “have” the operator can track the movement of your smartphone on GSM-open spaces and with fairly high accuracy to find out its current location. The mobile operator, knowing your IMEI, is able to block the missing phone at the level of its subnet.

In most smartphones, “have” is indicated in four places: in the program code, under the battery, in the warranty card and on the phone packaging. In order to find out IMEI in the Android operating system, just dial the combination * # 06 # and write it down somewhere.

In many European countries, searching for a missing phone by IMEI code is a priority. In our country, with this method of searching, things are very sad. According to the law, the mobile operator can provide a report on the movement of the phone via IMEI only after a police request, which greatly delays the matter. In addition, criminals savvy in their business can replace your “have” with another, after which it is almost impossible to find a loss.

Don't calm down

What should I do if I have lost my phone and all the above items have been completed? Continue to persevere, call your investigator, and more often ask about the fate of the investigation. Establish normal human contact with the police who are involved in your business, then the chances of success will increase significantly.

Try to walk around the places of buying or selling stolen goods, and suddenly among the many gadgets you will come across exactly that one and only phone. Then, at least in this, albeit in a very unpleasant way, you will solve your problem.

Phone found

What should I do if I lost my phone at home or if I found it myself? First of all, call the police to your investigator and thank him for the successfully opened case, then inform the telecom operator to avoid blockages or other GSM-prohibitions and try not to lose the phone anymore.

Summarizing

After you have carefully and step by step completed all of the above, you can praise yourself: now you know what to do if the phone is lost. And if you could not find him, then do not get depressed, you fought to the last and did everything in your power.

There are special forums, blogs and projects where people who have lost their mobile phones come together, and as moral support and at least some comfort there you can bury your device with respect, indicating the city and date of disappearance, and at the same time add a comment with the wishes of the kidnapper’s health .

It is almost impossible to predict whether your phone will be lost or stolen, but if such a nuisance did happen to you, remember that no one except yourself is interested in finding it.

You can, of course, be sad at your leisure about the loss, and then go to the store for a new phone, but someone will venture out in a bold search for your favorite smartphone and, if luck would have it, find it, especially since a month after the gadget disappears - this is the time when his return is the real deal.

It remains only to wish all owners of mobile phones never to lose them, and if you lose, then quickly find. Be careful and keep your gadgets in safe places, away from the sun and dexterous hands.

Instructions