What to do with the item found?

The lawyers of Kalashnikov Law Office remind and warn that the appropriation and use of an item found can be guilty punishable act.

If you find someone else’s belonging, to avoid unnecessary trouble, you must strictly follow the articles of the Property law listed below:

Rights and obligations of the person who has found someone else’s item
• A person who has found a lost item and has taken possession of it shall immediately notify the person who has lost this item or the owner of the item. If the person who has lost the item or its owner is unknown to the person who has found the item, the lattermust notify the police about the found if the value of the item exceeds EUR 50.
• If the item was found in a residential building, a public institution or a vehicle, the person who has found the item is obliged to transfer it to the owner of the house, the tenant, the employee of the relevant institution, the driver of the vehicle or the police. The owner of the house, the tenant, institution, transport organization or police, to which the find was handed over, are considered to be the person who has found the item.
• The person who has found the item is obliged to keep the find in such a way as to ensure its safety.
• If the person who has found the item has fulfilled its obligations, and the owner could not be established within one year from the date of the declaration of the find, the person who has found the item acquires the right of ownership to the item or receives money replacing it.
• The person who has found the item does not receive the right of ownership if he/she violates the obligation to notify about the find or conceals the find.
• The amount of remuneration for the find is determined by an agreement between the person who has found the item and the owner. In case of a dispute, the remuneration shall be established by the court, and the amount of remuneration shall not exceed one third of the value of the find, from which the necessary expenses, related with the item and incurred by the person who has found the item, are deducted.

Responsibility of the person who has found the item
• The person who has found the item is liable for breaching of his/her obligations only in case of intent or gross negligence.
• According to the Part 1 of Article 201 of the Penitentiary (Criminal) code of the Republic of Estonia, unlawful treatment of another person’s movable property or other property entrusted to the person, in one’s own favour or in favour of a third person (misappropriation) shall be punished by a monetary penalty or imprisonment for a term of up to one year.

The lawyers of Kalashnikov Law Office have many years of experience successfully protecting clients’ interests on issues of criminal law related to the appropriation of property, both at the stage of preliminary investigation and during the judicial process.

You can find more information about our services on the thematic page our website about criminal law and proceedings in cases of misconduct.

If you want to schedule a counseling session with a lawyer, you should fill out the appropriate form on our website, you can also call (+372) 677 55 44 or send a letter to the e-mail address klienditugi@kalashnikov.ee