Liability for misappropriation of found property

In recent years, there has been an increase in cases where citizens steal property left behind in shops, at bus stops, and in other public places. Driven by greed, individuals make no attempt to notify the seller, security guard, shop administrator, or other bystanders about the found item, but intentionally take possession of the abandoned (forgotten) property.

Wallets and mobile phones are most often the objects of the crime. Perpetrators, believing that no one is observing their actions and that they cannot be identified, take possession of the abandoned property for selfish motives. Subsequently, such individuals expect that if caught, they can claim to have found the item and avoid legal responsibility.

This is precisely what a resident of one of the region's cities was counting on when, while in a store, he noticed a wallet left on the counter. At the moment when the saleswoman's attention was diverted from the counter, he took possession of the abandoned wallet.

As established from the video surveillance recording, it took the man only a moment to take possession of someone else's property and hide it in his bag. He was not deterred by the fact that a few minutes before the theft, a customer who had forgotten her property was near the checkout. A criminal case has been initiated against him under Part 1 of Article 205 of the Criminal Code of the Republic of Belarus, which provides for a maximum penalty of imprisonment for up to three years.

At the same time, it is necessary to understand that even lost property is not ownerless; it belongs to a specific owner who may be attempting to locate it at that very moment.

In cases where a person takes found property for themselves, they clearly understand that this property (wallet, phone) does not belong to them. In such a situation, the citizen's actions constitute an administrative offense under Article 10.6 of the Code of Administrative Offenses of the Republic of Belarus, according to which the appropriation of found property or treasure knowingly belonging to another person entails a warning or a fine of up to 5 base units.

How should an honest citizen act?

to a citizen, so that in case of finding lost property, they know how to act correctly? And to assist the owner and avoid getting into an "unpleasant" situation themselves?

In shopping and entertainment centers, shops, cinemas, and other establishments, it is simple: it is enough to notify any employee about the find, who will subsequently be responsible for its safekeeping. For a person who does not intend to steal someone else's property, these actions will not be difficult.

In any case, the actions of a person who finds someone else's property are detailed in Article 228 of the Civil Code of the Republic of Belarus.

Thus, the finder of 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 premises or on a transport, it must be handed over to the person representing the owner of that premises or means of transport. In this case, the person to whom the find is handed over acquires the rights and bears the responsibilities of the finder.

If the person entitled to claim the return of the found item, or their whereabouts, are unknown, the finder is obliged to report the find to the internal affairs body or the local government and self-government body.

 The finder has the right to keep the item or hand it over for safekeeping to the internal affairs body, the local government and self-government body, or a person authorized by them.

In accordance with Part 2 of Article 230 of the Civil Code of the Republic of Belarus, the finder has the right to demand remuneration from the person authorized to receive the item for the find, in the amount of up to twenty percent of the value of the item. If the found item is valuable only to the person authorized to receive it, the amount of remuneration is determined by agreement with that person, and in case of disagreement, by the court.

The right to remuneration does not arise if the finder has not reported the find or has attempted to conceal it.

Head of the Department for Supervision of Inquiry
and Operational-Investigative Activities
Vasily Parusov