The COP explained the difference between finding things and stealing
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The appropriation of the found thing in the event of the destruction of signs pointing to its owner will be considered theft. The decision to this effect was adopted by the Constitutional Court of Russia (CC), it is published on site court.
According to the decree, if a person, in the event of a lost item being discovered, did not declare the find and did not begin to look for its owner, this will not be considered a criminal offense. However, a find will be considered theft if a person hides it and destroys the signs that make it possible to find its owner.
The Constitutional Court noted that when considering such cases, it is necessary to assess not only the fact of appropriation of the found object, but also its appeal in favor of the finder. “The criminal law refers to the signs of theft both the seizure and the unlawful circulation of another’s property, therefore, it is necessary to assess not only the fact of taking possession of the found property, but also its subsequent circulation in one’s favor,” the resolution says.
The decision was adopted in connection with the complaints of Albina Galimyanova from Bashkiria and Viktor Puzryakov from the Ulyanovsk region, who were found guilty of stealing phones. The investigation believes that they found other people’s phones and appropriated them without trying to return them to their owners.
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