Discovery and criminal liability

In accordance with Art. 228 of the Civil Code of the Republic of Belarus, a person who finds a lost item is obliged to immediately notify the person who lost it, or the owner of the item, or any other person known to them who has the right to receive it, and return the found item to that person.

If the item is found in a room or on transport, it must be handed over to the person representing the owner of that room or means of transport. In this case, the person to whom the found item is handed over acquires the rights and bears the responsibilities of the person who found the item.

The finder of the item is obliged to report the find to the police or a local government body if the person who lost the item or their whereabouts are unknown. The finder of the item is liable for its loss or damage in case of intent or gross negligence within the value of the item. Meanwhile, there are cases when a person who finds a lost or forgotten item does not return it to the rightful owner, appropriates it, and thereby commits secret theft of property (larceny), i.e., a crime provided for by Art. 205 of the Criminal Code of the Republic of Belarus, the sanction of which provides for such penalties as community service, a fine, correctional labor, arrest, restriction or deprivation of liberty. Here are a few examples.

On June 8, 2017, on a regional economy class train "Krasnoye-Orsha" that arrived at Orsha station, passenger R. forgot a bag containing a mobile phone and other items worth 153 rubles. Citizen K., born in 1956, who was the last to leave the carriage, took advantage of this and stole the abandoned bag.

On June 20, 2017, on a regional economy class train "Orsha-Minsk", passenger Zh., while leaving the carriage, forgot a handbag on the seat containing mobile phones and other personal belongings worth a total of 251 rubles. M., who was traveling in the same carriage, immediately took advantage of this and stole the handbag.

On October 10, 2017, in the toilet of a regional economy class train "Grodno-Mogilev", citizen P. stole a mobile phone with a charger forgotten by passenger V., causing the victim damage in the amount of 209 rubles.

On November 7, 2017

On 03.01.2018, a passenger of the "Krichev-Orsha" regional economy class train, K., forgot a bag with property worth 533 rubles in the carriage. When he returned to the carriage to retrieve it, the bag was gone, having been stolen by another passenger of the same train, R., born in 1962.

On 04.01.2018, on the "Minsk-Orsha" regional economy class train, passenger K. left his backpack with property worth 105 rubles unattended on a carriage seat. This backpack was subsequently stolen by citizen K.

Criminal cases were initiated by the Investigative Committee for all the aforementioned incidents, investigations were conducted, and they were forwarded by the prosecutor to the court for consideration. Compulsory criminal legal measures were applied to the individuals guilty of theft.

Therefore, appropriating a found, lost, or forgotten item is disproportionate to the consequences in the form of criminal punishment that may ensue.

Deputy Vitebsk
Transport Prosecutor
Senior Justice Advisor
Pyotr Vasilyevich Dedyuro