What not to do if your phone was stolen
Previously, each time I saw reports that a person had a phone stolen, I always wondered: why? Well, seriously, why steal smartphones if:
Realizing all this, I really did not understand, why steal phones, if, in fact, they are easy to find, and you cannot earn money on it? I did not understand until February 8, 2019, until my phone was stolen from me.
And now in order. I went from the office to the warehouse (the entrance from the other side of the building) and on the way back I joked a snowball at my wife, didn’t get into it, but I got on a new phone. At the moment of the throw, the old phone flew out of its pocket and fell into the snow 2-3 meters from the entrance to the office. For our company, the situation is banal and daily: someone loses or forgets the phone and runs, looking for it. Someone money, someone documents, someone else something. Before that, all cases were united by the fact that the thing was returned to the owner and they were laughing at him, he was laughing at everyone, and tomorrow we were already laughing at the new bungler.
')
This time the situation was different and the phone was not returned to me either immediately or later. After 10 minutes of searching, the wife suggested that it was stolen, after 20 minutes many people already thought so, and after 30 minutes the mark on the map started to move confidently, and started from the place where we had trucks in the yard. Did we see the tag there? Yes, they did, but the guys often go to us (the forwarder, not the driver), take millions of goods, where does this phone go to them for several thousand? This is mistake number one . It was necessary to approach them and ask everyone, but we assumed that the phone was in stock and the geotag was erroneous due to the shielding of the walls.
Realizing that the phone “made the legs”, I made mistake number two , having driven one, mistake number three , not calling the police and not reporting the theft and mistake number four , without taking a spare phone with me to call the same police. Arriving at the site and making sure that the label on the card corresponds to the car of the alleged abductor, I made mistake number five , went to him and asked if he had found the phone, and after bickering he made mistake number six and showed him a notebook with a geotag (need I say that the phone was suddenly turned off).
Further, it is not particularly interesting, I went to the office, took my wife's phone, went back, called the police, blocked the departure from a large shopping center before the police arrived, went to write explanations, went to the police many times, etc.
What mistakes have I made yet? For example, did not take a ticket that I have received a statement . I transmitted photos and videos on a flash drive (the fact that they lost it and the campaign would not be found personally for me is no longer good or bad, but if they lost the disc it would really matter), misjudged the damage (when the police ask “how much do you think the damage "They are not interested in how much you can buy the same phone on Avito, they are interested in how much you estimate this damage). I gave the original documents to the phone and many more small errors.
The last mistake (hereinafter, I learned not to do them) was that I did not ask the investigator to choose a preventive measure. Ideally, house arrest would be enough, but it would also be enough to leave the house (I just want to point out that I cannot say whether it would have affected or not, but it might have been easier). The fact is that I live in one city, and accused in another, 100 km away from me, and he also works as a driver for intercity traffic and, accordingly, has a traveling nature of work. Well, now, some time goes and in the middle of May they call me from the court and ask, they say, is it convenient for you so many days to come to court by so many hours as a victim. Of course, - I say, - it is convenient, I will come. Great, - the secretary tells me, - I will send you another text message now, so as not to forget. Days go by, I arrive at the court at the appointed time and now we are sitting in five: a judge, a secretary, a representative of the prosecution and a lawyer of the defendant. But the defendant himself is not there, he did not come. He was called, to which he said that he was 2500 km away from us, and he would not come to the court on a business trip. We sighed and we were scheduled to have the next meeting a few days later so that he could return. And he did not come again: I forgot. Here the judge has already begun to swear that a person does not come, but she cannot do anything, he is not under a subscription. Hope remained that after 2 weeks he would not appear again, then the bailiffs would find him and place him in the SIZO, from where they would carry him to the meetings.
But everything turned out easier: he came. He came, met me on the street and said: let me sign the world?
Here I will make a lyrical digression: I bought the phone for 7500 on credit (installments), glass for 600 and a cover for 400, which means only about 9,000 rubles (maybe less, but not the essence). To the new phone, I also bought a case, glass, all this is less than 1000 rubles, and I also went to the police many times (spent gasoline, and the flash drive is not worth 10 rubles). Except for my time, which I did not evaluate in order not to become impudent (of course, 5-10 thousand could be thrown "for moral suffering", but a person is frankly stupid and would hardly understand the calculation, and the court would not appreciate it) at 12,000 rubles, he gave me back up to 5,000 rubles, and the examination said that the phone costs 4,700, i.e formally I already owed him.
Well, then, he asks him to sign a settlement before the court, but I stand, clap my eyes and tell him: you have been braining me for two months, you cannot give 7,000 that I swore to transfer to the card, on the basis of which I will sign something ? And he makes such a cat's eyes from "Shrek" and says: I will give everything for a week. But his misfortune was that I made the last mistake three paragraphs above, so I said dryly: in the morning, money, in the evening, chairs, and for you I will also transfer: money before we go to the courtroom. And left.
We met his attorney with a new, pleasant, such a peasant, polite, smiles, as the child is amazed at the amount of demands, etc. In general, although free, it clearly works in the interests of the defendant, not like the previous one. We went to court, answered standard questions, including on reconciliation of the parties, I again refused. We talked about why this amount, I explained everything (there was no error, said dryly that he explained everything, he agreed and promised to pay, but did not pay), after which the representative of the prosecutor’s office supported me and said that the amount I voiced this is the condition of the victim.
Further, the dialogue of the judge (C), the accused (D) and the lawyer (A) in an almost literal retelling:
S: Oh, do you agree?
A: Yes, I agree.
S: I postpone the meeting for 3 days, will you transfer the money to the victim?
A: Yes, I will try ...
S: (interrupts) There will be no court here and no one else will bargain with you, soberly assess your strength.
A: My client agrees and will bring money.
O: (uncertainly) yes, I ...
A: (interrupts, firmly): My client will bring money.
S: Victim, do you agree?
I: Yes, I agree.
S: The meeting is over, go out into the corridor and wait for the agenda.
- in the corridor - The lawyer, smiling all over his face, begins a monologue addressed to the defendant in a benevolent voice: Do you even understand what is happening now? You stole the phone, you did not go to court, you deceive the victim, you are offered to reconcile for an absolutely adequate amount, and are you smiling? Yes, the judge will now fine you 15 thousand rubles, slap 200 corrective labor hours, and you will work it out for several months, and the police officers will help you with this so that you will not forget again and will not go on a business trip. And then your son will still say that his father is a thief.
Apparently at this moment the full picture of what was happening and all the possible consequences came to the defendant for the first time, so he swore to me that he would give me the money before the next meeting.
And today there was a court hearing, this time the last one. Before the trial, they gave me the money, I wrote a receipt and a petition for the termination of the criminal case, he wrote a petition that he did not object, and we gave all this to the judge. Representatives of all parties were clarified whether they agreed, I clarified whether I did it voluntarily (whether pressure was not exerted on me), the defendant clarified whether he understands that the circumstances of the termination of the case were not rehabilitating and after that the judge released everyone, saying that the court's decision will be sent to everyone by mail, after which the defendant started to talk about the fact that he could not write anything, because (I quote) “the postmen constantly confuse everything and they don’t find me” ...
The story is over. It began on February 8 at about 16 o'clock and ended at about the same time on May 30, lasting 111 days.
And now, briefly, what should not be done if the phone was stolen from you :
I will not write about what to do (and even before you have stolen something), I will not, there are many useful articles on this subject. Just know that there are still people around who never think about the consequences and personally I am glad that they just stole my phone.
- it can be tracked by IMEI, and changing IMEI is clearly not free;
- locks can be installed on the phone, which can not be removed for free;
- There are applications with the "Anti-theft" mode, which transmit photos, video and audio;
- even the built-in capabilities of Android (and, I suppose, iOS) have the geolocation function of the missing device;
- the device may have special features that are quite difficult to eliminate “for free”;
- for sure somewhere there are surveillance cameras, witnesses, etc .;
- When selling stolen goods for it, it will be difficult to gain a large amount of money.
Realizing all this, I really did not understand, why steal phones, if, in fact, they are easy to find, and you cannot earn money on it? I did not understand until February 8, 2019, until my phone was stolen from me.
Please note : all of the following reflects only my point of view and is not any instruction to action or inaction.A good lawyer would say that there was no theft, it’s just that the citizen found someone else’s property and wanted to transfer it to the police for safekeeping, but not immediately, but after returning from a business trip, referring to Article 227 of the Civil Code "Nakhodka", or even better convinced would reconcile him with me, but he doesn’t have such a lawyer (going ahead, I’ll say that he didn’t have one at first), but there are the following facts:
- The phone was found in a closed private area.
- The whole territory is literally hung with CCTV cameras, and they really record (in good quality, by the way).
- The owner (ie, I) rang the phone for 20 minutes and turned on the phone search mode (he started calling and writing on the screen that the phone was lost and the contact number).
- I caught up with the defendant when he left our territory and told him all of the above + showed geolocation on a laptop.
- He interfered with the activities of the police officers, put psychological pressure on me, and then completely threw away the phone found “fearing responsibility”.
And now in order. I went from the office to the warehouse (the entrance from the other side of the building) and on the way back I joked a snowball at my wife, didn’t get into it, but I got on a new phone. At the moment of the throw, the old phone flew out of its pocket and fell into the snow 2-3 meters from the entrance to the office. For our company, the situation is banal and daily: someone loses or forgets the phone and runs, looking for it. Someone money, someone documents, someone else something. Before that, all cases were united by the fact that the thing was returned to the owner and they were laughing at him, he was laughing at everyone, and tomorrow we were already laughing at the new bungler.
')
This time the situation was different and the phone was not returned to me either immediately or later. After 10 minutes of searching, the wife suggested that it was stolen, after 20 minutes many people already thought so, and after 30 minutes the mark on the map started to move confidently, and started from the place where we had trucks in the yard. Did we see the tag there? Yes, they did, but the guys often go to us (the forwarder, not the driver), take millions of goods, where does this phone go to them for several thousand? This is mistake number one . It was necessary to approach them and ask everyone, but we assumed that the phone was in stock and the geotag was erroneous due to the shielding of the walls.
Realizing that the phone “made the legs”, I made mistake number two , having driven one, mistake number three , not calling the police and not reporting the theft and mistake number four , without taking a spare phone with me to call the same police. Arriving at the site and making sure that the label on the card corresponds to the car of the alleged abductor, I made mistake number five , went to him and asked if he had found the phone, and after bickering he made mistake number six and showed him a notebook with a geotag (need I say that the phone was suddenly turned off).
Further, it is not particularly interesting, I went to the office, took my wife's phone, went back, called the police, blocked the departure from a large shopping center before the police arrived, went to write explanations, went to the police many times, etc.
What mistakes have I made yet? For example, did not take a ticket that I have received a statement . I transmitted photos and videos on a flash drive (the fact that they lost it and the campaign would not be found personally for me is no longer good or bad, but if they lost the disc it would really matter), misjudged the damage (when the police ask “how much do you think the damage "They are not interested in how much you can buy the same phone on Avito, they are interested in how much you estimate this damage). I gave the original documents to the phone and many more small errors.
The last mistake (hereinafter, I learned not to do them) was that I did not ask the investigator to choose a preventive measure. Ideally, house arrest would be enough, but it would also be enough to leave the house (I just want to point out that I cannot say whether it would have affected or not, but it might have been easier). The fact is that I live in one city, and accused in another, 100 km away from me, and he also works as a driver for intercity traffic and, accordingly, has a traveling nature of work. Well, now, some time goes and in the middle of May they call me from the court and ask, they say, is it convenient for you so many days to come to court by so many hours as a victim. Of course, - I say, - it is convenient, I will come. Great, - the secretary tells me, - I will send you another text message now, so as not to forget. Days go by, I arrive at the court at the appointed time and now we are sitting in five: a judge, a secretary, a representative of the prosecution and a lawyer of the defendant. But the defendant himself is not there, he did not come. He was called, to which he said that he was 2500 km away from us, and he would not come to the court on a business trip. We sighed and we were scheduled to have the next meeting a few days later so that he could return. And he did not come again: I forgot. Here the judge has already begun to swear that a person does not come, but she cannot do anything, he is not under a subscription. Hope remained that after 2 weeks he would not appear again, then the bailiffs would find him and place him in the SIZO, from where they would carry him to the meetings.
But everything turned out easier: he came. He came, met me on the street and said: let me sign the world?
Here I will make a lyrical digression: I bought the phone for 7500 on credit (installments), glass for 600 and a cover for 400, which means only about 9,000 rubles (maybe less, but not the essence). To the new phone, I also bought a case, glass, all this is less than 1000 rubles, and I also went to the police many times (spent gasoline, and the flash drive is not worth 10 rubles). Except for my time, which I did not evaluate in order not to become impudent (of course, 5-10 thousand could be thrown "for moral suffering", but a person is frankly stupid and would hardly understand the calculation, and the court would not appreciate it) at 12,000 rubles, he gave me back up to 5,000 rubles, and the examination said that the phone costs 4,700, i.e formally I already owed him.
Well, then, he asks him to sign a settlement before the court, but I stand, clap my eyes and tell him: you have been braining me for two months, you cannot give 7,000 that I swore to transfer to the card, on the basis of which I will sign something ? And he makes such a cat's eyes from "Shrek" and says: I will give everything for a week. But his misfortune was that I made the last mistake three paragraphs above, so I said dryly: in the morning, money, in the evening, chairs, and for you I will also transfer: money before we go to the courtroom. And left.
We met his attorney with a new, pleasant, such a peasant, polite, smiles, as the child is amazed at the amount of demands, etc. In general, although free, it clearly works in the interests of the defendant, not like the previous one. We went to court, answered standard questions, including on reconciliation of the parties, I again refused. We talked about why this amount, I explained everything (there was no error, said dryly that he explained everything, he agreed and promised to pay, but did not pay), after which the representative of the prosecutor’s office supported me and said that the amount I voiced this is the condition of the victim.
Further, the dialogue of the judge (C), the accused (D) and the lawyer (A) in an almost literal retelling:
S: Oh, do you agree?
A: Yes, I agree.
S: I postpone the meeting for 3 days, will you transfer the money to the victim?
A: Yes, I will try ...
S: (interrupts) There will be no court here and no one else will bargain with you, soberly assess your strength.
A: My client agrees and will bring money.
O: (uncertainly) yes, I ...
A: (interrupts, firmly): My client will bring money.
S: Victim, do you agree?
I: Yes, I agree.
S: The meeting is over, go out into the corridor and wait for the agenda.
- in the corridor - The lawyer, smiling all over his face, begins a monologue addressed to the defendant in a benevolent voice: Do you even understand what is happening now? You stole the phone, you did not go to court, you deceive the victim, you are offered to reconcile for an absolutely adequate amount, and are you smiling? Yes, the judge will now fine you 15 thousand rubles, slap 200 corrective labor hours, and you will work it out for several months, and the police officers will help you with this so that you will not forget again and will not go on a business trip. And then your son will still say that his father is a thief.
Apparently at this moment the full picture of what was happening and all the possible consequences came to the defendant for the first time, so he swore to me that he would give me the money before the next meeting.
And today there was a court hearing, this time the last one. Before the trial, they gave me the money, I wrote a receipt and a petition for the termination of the criminal case, he wrote a petition that he did not object, and we gave all this to the judge. Representatives of all parties were clarified whether they agreed, I clarified whether I did it voluntarily (whether pressure was not exerted on me), the defendant clarified whether he understands that the circumstances of the termination of the case were not rehabilitating and after that the judge released everyone, saying that the court's decision will be sent to everyone by mail, after which the defendant started to talk about the fact that he could not write anything, because (I quote) “the postmen constantly confuse everything and they don’t find me” ...
The story is over. It began on February 8 at about 16 o'clock and ended at about the same time on May 30, lasting 111 days.
And now, briefly, what should not be done if the phone was stolen from you :
- do not hesitate to ask people whether they have found him;
- don't look for it alone;
- don't be afraid to call the police;
- do not drive without a spare phone;
- do not show evidence and do not say that you (his phone) were found by a potential abductor;
- Do not forget to take a ticket that the application was accepted;
- Do not transfer photo and video materials on flash drives;
- do not think about the method of damage assessment, but speak as you think;
- do not give the original documents;
- do not forget to ask for interim measures (so that a person does not go where).
I will not write about what to do (and even before you have stolen something), I will not, there are many useful articles on this subject. Just know that there are still people around who never think about the consequences and personally I am glad that they just stole my phone.
Source: https://habr.com/ru/post/454190/
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