Finding and criminal liability
If the item is found in premises or on transport, it must be handed over to the person representing the owner of these premises 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 finder.
The finder is obliged to report the find to the police or local government body if the person who lost the item or their whereabouts are unknown. The finder is liable for the loss or damage of the item 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 the regional economy-class train "Krasnoye-Orsha", which arrived at Orsha station, passenger R. forgot a bag with a mobile phone and other items inside. The last person to leave the carriage, citizen K., born in 1956, took advantage of this and stole the abandoned bag.
On the regional economy-class train "Orsha-Minsk", passenger Zh., while leaving the carriage, left 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.
In the toilet of the interregional economy-class train "Grodno-Mogilev", citizen P. stole a mobile phone with a charger forgotten by passenger V., causing the victim damage of 209 rubles.
Passenger
In the "Krichev-Orsha" regional economy-class train, passenger K. forgot a bag with property worth 533 rubles. When he returned to pick it up, the bag was gone, having been stolen by another passenger, R., born in 1962.
On the "Minsk-Orsha" regional economy-class train, passenger K. left his backpack unattended on a train seat. The backpack contained property worth a total of 105 rubles and was subsequently stolen by citizen K.
Based on all the aforementioned incidents, the Investigative Committee initiated criminal cases, conducted investigations, and these cases were forwarded to court for consideration by the prosecutor. Compulsory criminal law enforcement 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 follow.
Deputy Vitebsk Transport Prosecutor
Senior Justice Counselor P.V. Dedyuro