Article 158 of the Criminal Code of such actions as theft. The definition includes not only intentional theft, but also finding someone else’s property without subsequent attempts to return it to the owner.
You can expect problems if you ignore incoming calls, remove the SIM card, remove a noticeable case, and otherwise prevent the item from being returned to its owner.
If the owner contacts the finder (either himself or with the help of the police ), there are two possible scenarios: a peaceful agreement (you give the phone back, they thank you, you go your separate ways) or legal proceedings. The second case provides for a fine, forced labor, arrest for up to 4 months, or imprisonment for up to two years.
Where to go if you found a phone
The procedure is regulated by Article 227 of the Civil Code of the Russian Federation; it depends on the location of discovery and other conditions.
In a public place or transport
If you find a phone or other item in a shopping mall or a bus, you are legally required to hand it over to the owner of the premises or transport. There is no need to look for the management of the trading floor or the local Ministry of Transport: contact the shopping mall security guard, bus driver or store clerk if the gadget was in the sales area or fitting room . In a cafe or bar, you should also approach the staff.
This way you remove all responsibility from yourself: other people will look for the owner, and no one will be able to accuse you of trying to appropriate someone else’s property.
On the street
Let’s say you noticed a gadget on a bench in an unguarded park or in the grass on the side of the road. In this situation, you will have to go to the nearest police station. There you need to write a statement about the find and leave your contact information.
What to do with the phone next is up to the finder. You can hand the gadget over to the institution’s employees or keep it for the duration of the search for the owner. In the second case, be prepared to negotiate and meet with the owner if he gets in touch, while the first option effectively relieves you of responsibility for the fate of the device and saves you from unnecessary fuss.
If the owner shows up, you can claim a reward for the find – up to 20% of the value of the device.
How to find the owner
Many people do not let go of their smartphone for a long time, so there is a good chance that the loss will be noticed quickly. It is quite possible that the owner will contact you from another number before you have time to contact someone. Then everything is simple: answer the call and arrange a meeting.
Options in case no one gets in touch:
- Try to unlock your phone. It’s probably password- protected or biometrically protected, but it’s worth at least trying. If you have a password, try a couple of simple combinations like 1111, 1234, etc. If you get a warning that you’re running out of login attempts, it’s best to stop.
- If you managed to unlock the phone, look in the contacts or call history of close people – parents, spouse, sister, etc. Call and explain the situation.
- In the case of a locked phone, you can take out the SIM card and insert it into another device – preferably not your main smartphone, but an old spare one. If the contacts were copied to the card, you will have access to them and will be able to call someone close to you.
- Write an ad. You don’t have to put up flyers — it’s easier to find a group in your region on social networks dedicated to finding owners of things. You can search by the words “lost and found” or “lost and found” + city. Tell them where you found the device, but don’t attach a photo or indicate the exact model and color. The owner will have to tell you these to confirm that the thing is really his. The downside of this method is that if the group is large, you may be bombarded with messages from both people who have actually lost their smartphones and those looking for easy money.
- Charge your phone so that you can be contacted if you are unable to contact anyone on your own.
If the found phone is an iPhone, the owner can turn on the lost mode . While it is active, you will not be able to use the smartphone, even if you guess the password. In this case, the owner can broadcast a message on the screen with a contact number. It is better to call and agree, otherwise your actions may be perceived as an attempt at theft.
It is impossible to remove the Lost Mode without knowing the Apple ID data (at least on current models – an old smartphone can be hacked, but you will not be able to call on it). In addition, with it, the iPhone will broadcast information about the location of the smartphone to the owner – even if the device is turned off.
In what case can a gadget legally become yours?
Only if you could not find the owner of the device and reported it to the police, but no one has contacted you for 6 months. The countdown starts from the date of filing the report of the discovery. During this time, you can only store the gadget, but not use it.
If the owner is found, but you do not return the phone to him, this will already be considered theft – even if 5 months and 20 days have passed since the moment the authorities were notified.
What happens if you damage or break your phone
If you found a phone, reported it to the appropriate authority, but kept the gadget, then you are responsible for its storage until it is returned to the owner. Now imagine that you yourself have already lost or broken the gadget, and the owner has contacted you.
If the device is lost or damaged, you are financially responsible for it: if there are signs of intentional damage or gross negligence, you may be required to pay compensation to the owner – but not more than the cost of the device itself.