If you are accused of theft it is very serious. Instantly there is a list of problems that need to be addressed. To begin with, this is evidence of innocence, a consultation with a criminal lawyer and ways to help defend yourself even at the stage of investigation.
What to do if accused of theft
The accused is not required to independently confirm his innocence. When the case was brought to court, a lawyer must do this. But you can’t do nothing, because it happens that the investigator “did not figure it out” and, as a result, they condemn the wrong thing.
In no case can you confirm the charges if you are innocent. The psychological pressure of the investigation indicates inconsistencies with proof of guilt. And the police are trying to simply beat out the confession.
Request clarification of your rights. It is the direct duty of the police to clarify the right to defense and the ability not to testify against themselves.
You need to request a call to your family or relatives in order to provide you with the advice of a lawyer in criminal matters. If necessary, the lawyer will be able to ensure victory in court. The actions that have been proven to limit the rights to defense often ruin the case.
In the event of violence, gather evidence that will confirm the beatings and more. Do not forget to report this to the Investigation Committee and the prosecutor's office. If you were not arrested, remove the beatings at the emergency room.
Statement for investigator on charges
Statements need to be sent only after the case has been set in motion. It is formed by the investigator as a separate document. Further, the accused is granted certain rights.
The following petitions concerning the organization of investigative measures should be sent directly to the investigator. Depending on the outcome, file complaints with the prosecutor or the judge if you think the answer is unfounded.
Statements, petitions, complaints - everything is provided exclusively in writing. Since this is the only option to prove a violation of the investigation. If the case has not yet begun, complaints should be submitted either to the head of the police department or to a court.
Alibi is a confirmation of the innocence of a person. More specifically - his absence at the crime scene at the time of its completion. If you have an alibi, you need eyewitnesses who can confirm it. Sometimes witnesses do not agree to testify because they are not sure of the accuracy of the memories.
They may have their own reasons for refusing. It is possible that the confirmation will have to be verified independently, with the help of a lawyer or a trusted person. If there are witnesses, it is necessary to ask the investigator for their interrogation. Despite the fact that the testimonies of relatives or friends are taken into account, they are interested persons, therefore they still doubt their words.
To prove the presence of an alibi, not only with the help of witnesses, but also documents (movie ticket, etc.), recordings from surveillance cameras. Perhaps this will be the main fact in proving their own innocence.
Investigation of theft
Very often, the evidence of eyewitnesses becomes the main evidence in the theft case. But at times, these eyewitnesses may doubt the veracity of their own words. In addition, contradictions can be observed in the testimonies of individuals. As, in fact, in other circumstances of the investigation. For example, fingerprints, DNA expertise, documentary evidence.
Such cases may result not only from errors, but also from the deliberate actions of eyewitnesses. An effective move will be the conduct of a psychophysiological study. More specifically, a polygraph test.
Proof of non-theft in court
If you were falsely accused of theft and brought the matter to trial, you will need a lawyer in St. Petersburg who specializes in criminal cases and will be able to build a defense based on all the nuances of the case, mention violations of the investigation process, if any. Judges with experience also notice possible irregularities. Then the case is returned to the prosecutor to correct them.
A common form of violation is the suppression of any points on the fact of theft or on its fulfillment to those who were accused. The court is able to return the case to the investigator or prosecutor on the same day or after several hearings. Formally, it is necessary to correct the violations, but often the case is terminated due to the lack of reliable evidence of theft.
It’s quite possible to defend your case in court if you actively participate in the case. Otherwise, there is a risk of a conviction. The main key to success is the correct behavior during the meeting.
- Can you rely on legislation if you are falsely accused?
- How to prove your innocence by legal means
- How to reverse a sentence if it is already pronounced
Professional lawyers know how to prove their innocence. The legislation is so multifaceted that sometimes those who really are the culprit of the incident fall under the responsibility. Turning to a lawyer, you can find out exactly how to prove innocence in a particular case. We will talk about the rules of conduct for self-defense in front of law enforcement officials.
Can you rely on legislation if you are falsely accused?
Investigating the crime, the investigators establish all the circumstances of the incident. In this case, the aim is to identify the culprit. Many factors are taken into account:
- personal motive
- the opportunity to get rich
- the possibility of personal participation in the deed (presence),
- other things.
According to these and other criteria, a person who is assigned the status of a suspect is detained. Here, the law establishes the duties of investigative team employees and citizens who are under suspicion.
Investigators are required to establish the degree of guilt of each of those involved in the incident. But the person who came under the charge needs to help solve the crime, and nothing more. The presumption of innocence in our country states that the accused is not required to prove his innocence.
Unfortunately, the effect of this provision does not in any way ensure that only those responsible are behind bars. An innocent person may be behind bars. There are many reasons for this:
- imperfect legislation
- insufficient quality of the methods used to identify the perpetrators,
- incompetence of investigative and judicial authorities,
- the unwillingness of law enforcement officials to get to the bottom of the truth,
- third-party interest in this outcome,
- abuse of authority
- material engagement and others.
In view of this, the sentence “they don’t renounce a prison” appeared. But in fact, people have the opportunity to get out of this situation. And legal measures are also available.
How to prove your innocence by legal means
A person who finds himself in a difficult situation, when everything indicates his involvement, is obliged to use the services of lawyers. This possibility is provided by the current legislation of the Russian Federation. If you did not do it right away, there are several rules for protecting against investigative arbitrariness:
- Do not allow self-incrimination. No matter how hard it is to take anything on yourself, you must also agree with the wrong opinion of the investigator.
- Do not sign anything without looking. Before you put an autograph on any document, you must check the veracity of the information specified in it.
- Do not go on the offensive yourself if you are not 100% sure of a positive outcome. People in jail are not all prisoners. No rush, nervous breakdowns, disappointment in victory.
- Having evidence of your innocence, do not disclose it immediately. Even if it's an absolute alibi. The duty of the investigative team is to check every word. And if they manage to refute the alibi, this will cause strong suspicion not only among them, but also in court.
- Demand a lie detector expertise. But, only when you are 100% convinced of innocence, calm and balanced. Long-standing law practice suggests that it was possible to prove innocence with the help of Polygraph both during the preliminary investigation and during the trial.
When making a demand for examinations, remember that the investigating authorities must satisfy him if there are objective reasons for this. Your right to “Polygraph” is spelled out in the 2nd part of the 159th article of the Code of Criminal Procedure of Russia.
How to reverse a sentence if it is already pronounced
Having heard the court decision with the indictment, you must immediately file an appeal or cassation appeal. In the end, you can achieve a review of the case. So, the verdict will be canceled, and the court decision may be acquitted. Sometimes, for some reason, a complaint is not filed on time, and an unjustly accused person goes to jail.
If you are already in prison by an unfair sentence, you can prove your innocence. To do this, file a supervisory appeal. In its drafting, the participation of a professional lawyer is required. Each mistake made may result in a denial of consideration.
Even if you are guilty, but the verdict is too severe, it is necessary to apply for a review. In this case, the result of the consideration of the complaint may be the replacement of the Criminal Code article with another, less rigid in relation to the accused. A change of article leads to a reduction in the term of serving a sentence (sometimes by half). Moreover, depending on the crime, mitigation of punishment or acquittal can be achieved. In any case, this should be done jointly by a lawyer.
Your actions if you were accused without evidence
Any citizen can be charged with a crime. Each suspect must know his rights. It often happens that a theft is mistakenly suspected or a complaint is made consciously. This is due to the fact that the loss of property is detected not at the time the crime was committed, but later. It is difficult to prove guilt, but this does not mean that you do not need to defend yourself against false accusations.
Investigators are not entitled to conduct a search without the sanction of a prosecutor, so if you exceed the authority by the police, you can safely write a complaint. It must be remembered that the central principle of domestic criminal proceedings is the presumption of innocence, which implies that it is forbidden to accuse a person of a crime until his guilt has been proved.
When accused of theft, the suspect is not required to prove or explain anything, this should be the prosecutor. But you should not be inactive and watch from the side for the development of events. The most effective step is to call the police yourself. With accusations with malicious intent, this knocks down the plans of the attacker, giving you the opportunity to easily prove the bad intentions of the prosecutor in the future. If the claims were erroneous, you will help you quickly find the attacker and relieve yourself of suspicion. Your task is to prove to the police the illegality of the charges, to show your willingness to help solve the crime.
If you have any witnesses providing you with an alibi, write down their testimonies. But if there were no eyewitnesses, you need to look for video cameras and demand viewing records from them.
If the charge has already been brought, it is necessary to properly prepare the defense. It is better to hire a lawyer who specializes in the Criminal Code of the Russian Federation. A professional will correctly organize the conduct of business, conduct expert reviews, and gather evidence. If you are innocent, protecting you will be quite simple.
If you have applied for the theft of money
When accused of stealing money that you did not commit, you must insist on your innocence to the last. You can write a counterclaim to the police, accusing you of deliberate libel - a crime under Art. 306 of the Criminal Code, for which a sentence of:
- a fine of up to 120 thousand rubles,
- fine in the amount of wages for the period up to a year,
- required work up to 480 hours,
- correctional labor up to 2 years,
- arrest up to 6 months
- imprisonment up to 2 years.
The situation in the store - how to behave?
If you are accused of stealing goods at a mall, call the police first. Security guards do not have the right to unnecessarily check bags. If you were nevertheless searched, but found nothing, you have the right to demand compensation for non-pecuniary damage, and if there are witnesses for the theft, you are highly likely to prove in court that the actions of the security service were unlawful.
If the security guards of the outlet exceed their authority - they use force, inspect pockets, bags in violation of order, call the police and write a statement.
Never pay a fine on the spot, insist on a full investigation of all the circumstances of the case, demand the presentation of evidence, video recordings, etc.
Can one be held accountable for a false accusation?
Responsibility for knowingly false reporting of a crime is provided for in Art. 306 of the Criminal Code. If a person has provided false information publicly, which is reflected in the honor and dignity, according to Art. 128.1 of the Criminal Code, this is a matter of private prosecution. The victim should file a statement to bring the perpetrator to justice and provide evidence.
Compensation for non-pecuniary damage can be claimed according to the rules provided for by the Civil Code of the Russian Federation. If a case is instituted and the judge passes a guilty verdict, enclose a copy of the verdict that has entered into force, evidence of the dissemination of information, and inconsistency of the information with the civil claim. For all issues related to the unproven allegation of theft, you can seek advice from our specialists by contacting them through the website or by phone.