What to do if I forgot to pay. Forgot to pay for the item in the store

Facebook users discuss the story of a Krasnoyarsk woman who forgot to pay for a bar of chocolate. After which she was detained by the supermarket security, locked in a back room and called the police. As the girl herself explained, she wanted to pay for the purchase, but the guard offered to pay it triple the amount.

“I forgot to pay for the goods at the checkout. After I left, the guard caught up with me and said that the theft had taken place. I went back to the store with him to show him the bag. He invited me to the security room, later an outfit and two policemen in helmets and with machine guns arrived.

All this is due to a special offer of chocolates for 83 rubles. I don't understand why the guard chose the most negative scenario. The security guard said that I have to pay for the goods in threefold amount, because the store should get "benefits from the situation," said Dina Streltsova, a resident of Krasnoyarsk.

The head of the security agency, Sergei Ryzhkin, explained to Novosti TVK how guards and buyers should behave in such cases.

“If we put emotions aside and look at the bare facts, a woman, leaving the store, did not pay for the goods. The guard acted within the framework of the law: he has the right to detain this citizen, call the police, which was done.

If you find yourself in such a situation, of course, it is better to immediately compensate for the damage and go to peace with the store administration, to settle this issue before the police arrive. I think no one in the archive of his biography will need an administrative or criminal article, ”said Sergei Ryzhkin.

Today, May 17, Dina Streltsova, a participant in the conflict, wrote on Facebook that the security guard who detained her in the supermarket was fired:

“The security guard who was involved in extortion was fired. The decision was made promptly, and an apology from Krasny Yar was made. I believe that the leadership acted professionally and in this part of the story - well done ... And I do not thirst for anyone's blood, I do not see any sense in checking whether he was fired under an article or "on his own". I have no task to ruin his life because he made a mistake. "

Recall, in St. Petersburg, an 81-year-old pensioner died after she was detained in a supermarket

Annelinna Prisma's head of customer service, Hiie Yurimäe, told Tartu Postimees that in large stores, customers forget their purchases almost every day. Rimi's communications specialist, Catherine Butts, also confirms that shopping forgotten at the checkout is common.

Butts says that often customers remember the forgotten even before leaving the store, sometimes the absent-minded cashier or other customers call out.

They forget everything, starting with the little things and ending with fairly large purchases. Typical examples are a pack of chewing gum, curd, ballpoint pen. But the stores also leave, for example, pregnancy tests. Maxima PR manager Katya Lubobratets adds cheese, sausage and sweets in small packages to the list.

Large items left, for example, toilet paper packaging with 12 rolls and cake. “We've had such a thing that a customer forgot a whole bag of groceries in the store,” says Butts.

Yurimäe also recalls a case when a customer paid for a large amount of goods and did not take them in a hurry, because he was in a hurry to get the bus. The next day he returned for his purchases.

“It also happened that customers only felt that they had forgotten their purchases in the store. They came to pick them up, but when the circumstances were clarified, it became clear that in fact the buyer put everything in a bag and left the store with it, ”says Yurimäe, adding that Prisma must register all abandoned goods.

If you find that you have left your purchases in the store, you should contact the store's information point along with the receipt. “If the check is lost, it will help if the client uses Prisma konto, he has a bank statement, he remembers the amount of purchases or the cashier's number,” Yurimäe says.

Representatives of Rimi and Maxima also say that it is possible to recover a lost receipt if the customer used a client card when purchasing. According to Lyubobratets, the client must react quickly, because the sooner he discovers the absence of the purchased product, the sooner the situation in the store can be clarified.

If the fact of purchase is established, the client can quickly receive the product, the absence of which he discovered on the same day or even a couple of days after the purchase. If the client does not come for a product that has a long shelf life, then soon it will be put up for sale.

People forget personal items in stores, for example, glasses, umbrellas, hats, wallets, keys, phones, bank cards, and so on. In order to find the owner of the document or wallet, shops contact the police. In the case of regular customers or in small stores where cashiers and customers know each other, the forgotten item can be returned to the buyer on his next visit to the store.

Hello, in another city I went to a clothing store, took goods for 5 tr and offered to make a map and write a questionnaire. After that I was handed the goods and the sales receipt. It seemed to me that I paid and left the store. And on the phone they tell me that I have not paid the money. what to do in this situation and whether I am guilty. Apart from me, there were 3 staff

Valery, g.

Supermarket fine

Hello. I have such a question. When buying in a supermarket, I forgot to take out one item from the basket at the checkout. Naturally, the siren sounded at the exit. The guards offered me to pay five times the amount of that item. Otherwise, they threatened to call the police or their "chopovtsy", I don't remember ... Where did this five-fold fine come from? Is it legal?

Mikhail, Vyborg

What if I forgot to pay for an item in the store by accident? How to be and how to avoid criminal liability

Lawyer: Vyacheslav Dmitriev

offline now

The guards cannot ask you to pay a fine.

Five times the value of the goods is the amount of the fine imposed for committing petty theft and such a fine is imposed by the police.

The maximum that may require you in the store is either to pay for the product or return.

Lawyer: Tatiana Asykulova

now online

Hello. Security actions are illegal. The appointment of a fine is a procedure strictly regulated by law. The protection does not have such rights. The guards are obliged to call the law enforcement agencies so that in the presence of
police and two attesting witnesses to examine the suspect. If the unpaid item
it turns out that law enforcement officials are forced
open a criminal case, and a verdict is passed by a court decision - this can
be fined or imprisoned for up to three years.

Hello.

1. The basis for conducting a search is the availability of sufficient data to believe that in any place or at any person there may be tools, equipment or other means of committing a crime, objects, documents and valuables that may be relevant to a criminal case.

2. The search is carried out on the basis of the decision of the investigator.

3. A search in a dwelling is carried out on the basis of a court decision adopted in accordance with the procedure established by Article 165 of this Code.

4. Prior to the start of the search, the investigator shall present a resolution on its production, and in the cases provided for by part three of this article, a court decision authorizing its production.

5. Prior to the start of the search, the investigator proposes to voluntarily give out the items, documents and valuables subject to seizure that may be significant for the criminal case. If they were issued voluntarily and there is no reason to fear their concealment, then the investigator has the right not to conduct a search.

6. During a search, any premises may be opened if the owner refuses to open them voluntarily. In this case, unnecessary damage to property should not be allowed.

7. The investigator shall take measures to ensure that the circumstances of the private life of the person whose premises were searched, his personal and (or) family secrets, as well as the circumstances of the private life of others, are not disclosed.

8. The investigator has the right to prohibit the persons present in the place where the search is carried out from leaving it, as well as to communicate with each other or other persons until the end of the search.

9. In the course of a search, in any case, objects and documents withdrawn from circulation are seized.

9.1. During the search, electronic data carriers are seized with the participation of a specialist. At the request of the legal owner of the seized electronic media or the owner of the information contained on them, the specialist participating in the search, in the presence of attesting witnesses, copies the information from the seized electronic media. Information is copied onto other electronic media provided by the legal owner of the seized electronic media or the owner of the information contained on them. During a search, copying of information is not allowed if this can hinder the investigation of a crime or, at the request of a specialist, entail the loss or change of information. Electronic media containing the copied information are transferred to the legal owner of the seized electronic media or to the owner of the information contained therein. An entry is made in the minutes on the copying of information and on the transfer of electronic media containing the copied information to the legal owner of the seized electronic media or to the owner of the information contained on them.

10. The seized items, documents and valuables are presented to the attesting witnesses and other persons present during the search, and, if necessary, are packed and sealed at the place of the search, which is certified by the signatures of these persons.

11. The search is carried out by the person in whose premises the search is carried out, or the adult members of his family. A defense lawyer, as well as a lawyer of the person in whose premises the search is being carried out, may be present during the search.

12. When conducting a search, a protocol is drawn up in accordance with Articles 166 and 167 of this Code.

13. The protocol should indicate in what place and under what circumstances objects, documents or valuables were found, whether they were issued voluntarily or seized by force. All seized items, documents and valuables must be listed with precise indication of their quantity, measure, weight, individual characteristics and, if possible, value.

14. If in the course of the search attempts were made to destroy or hide the items, documents or valuables to be seized, then a corresponding entry is made in the protocol and the measures taken are indicated.

15. A copy of the protocol shall be handed over to the person in whose premises the search was carried out, or to an adult member of his family. If the search was carried out in the premises of the organization, then a copy of the protocol is handed over against receipt to the representative of the administration of the relevant organization.

16. A search may also be carried out for the purpose of finding wanted persons and bodies.

Anything happens in life, and even a person who did not want to steal anything may be suspected of stealing and even be prosecuted.

Visiting self-service stores, and putting goods in special baskets, people can sometimes mechanically put the goods in the bag, or identify there products that no longer fit in the basket. At the checkout, having forgotten to pay for such goods, the attacking security threatens to call the police, who will put the "thief" behind bars. Sometimes it doesn't even help that a person is ready to pay for a forgotten product right away on the spot.

Where is the truth in this situation? Does the buyer face liability if he actually forgot the product, and he had no intent to steal it?

This question is very controversial and controversial. Let's see what the law says on this score.

When does criminal responsibility arise?

It will be impossible to prosecute a forgetful buyer who has not paid for vanilla cheese worth 10 rubles or a pack of cookies that costs 100 rubles. The fact is that theft, even if it actually took place, can be qualified as a criminal offense only if the value of the stolen goods exceeds 1,000 rubles.

If the specified limit is not exceeded, then Article 7.27 of the Code of Administrative Offenses of the Russian Federation will be applied, according to which you can get off with a fine in the amount of five times the cost of the stolen thing, arrest or compulsory work.

This article will not apply only when qualified types of theft are committed - with burglary or a group of persons. In these cases, the size of the stolen value will not matter.

If the size of the "privatized" valuables exceeds 1,000 rubles, then the actions of the culprit will fall under Article 158 of the Criminal Code of the Russian Federation. Under this article, there is a risk of getting real imprisonment as a punishment.

But is it really impossible to avoid responsibility, even if it is administrative, if there was no intent to steal?

Will a forgetful buyer be the culprit?

In fact, there are formal signs of an offense, and all the arguments from the cycle “I forgot what I took”, “I don’t remember how it turned out there”, “ill-wishers planted it” can simply be perceived as an attempt to escape the well-deserved punishment.

At the same time, it is important to note an essential point - both under Article 158 of the Criminal Code of the Russian Federation, and under Article 7.27 of the Administrative Code of the Russian Federation, an act can be committed only with direct intent. It is impossible to steal something "accidentally" or "accidentally" - only a direct intent to perform this action, otherwise, the composition cannot be formed and responsibility does not come.

But to prove the fact of lack of intent is the most difficult and controversial thing in this category of cases.

You can, in particular, refer to the recordings of surveillance cameras, which will show that you are picking up the goods that have fallen out of the basket more than once, and then, tired of doing this, you just put it in your bag, where you forget.

Situations can be very different in which you can find something to catch on to. Using the services of a competent lawyer, you can prove the lack of intent, and thereby avoid liability.

Remember that the law does not provide any indication that you need to pay a multiple of the value of an item that was not paid for immediately. If you were asked to do just that, then this is already the most ordinary arbitrariness, and you yourself need to call the supervisory authorities.

If the administration of the store did not call the police immediately, then leaving the store and going home, you have absolutely nothing to worry about. According to the data of your card with which you made the payment, nothing will be issued retroactively to you - this information refers to personal data, access to them is limited.