This article is only informative and does not constitute a legal opinion. For any particular situation or for more information, consult a lawyer.
Let’s be realistic: even if you declare the flight of your bike to the neighborhood post, the police will probably not go to recover it immediately. Police services are often overwhelmed. And theft of a bicycle is rarely a priority for them.
This situation creates a certain dissonance between what to do in theory (file a complaint, wait for the intervention of the authorities) and reality, where one sometimes feels left to ourselves. It is in this context that some people plan to carry out their own investigation and-who knows how to do justice themselves if they find the trace of their bike. Is it really feasible?
Private justice … Danger!
Private justice implies resolving conflicts without requesting the intervention of the police or courts, such as recovering a stolen object or punishing someone yourself. Although this may seem a simpler and faster solution, the use of force to do justice is prohibited, because generally, only the state is authorized to do so. In addition to being often illegal, private justice can be dangerous: you do not know who you have to do …
Legal protections
According to the Quebec Civil Code, you keep the property right of your stolen bicycle. But recovering it can be complex. Several factors may complicate things.
If your bike is found in another person’s hands, the latter could benefit from legal protections. For example, if your bike was sold to a buyer in good faith-that is to say someone who did not know that the bicycle had been stolen-this person could, according to the facts, request a refund before returning it to you.
Obviously, the thief does not benefit from such legal protection. But it is impossible to know who you really deal with: the thief? An accomplice? An innocent buyer?
What are the risks of acting yourself?
Taking up your own bike can have serious consequences if the situation turns badly:
- Personal risks: any confrontation has risks of violence or injuries.
- Criminal prosecution: You may be accused of theft, assault or mischief if you use the strength, if you enter without authorization in private property, or if you voluntarily damage goods, even if you have been the initial victim.
- Civil proceedings: Depending on the circumstances, you may be prosecuted in damages.
So what?
Here are some options available to you, if you find your own stolen bike:
- Record all your procedures: Keep the screenshots of ads, photos and messages exchanged with the person who sells the stolen object. These elements could be used for the police, a court of justice, or your insurer if you give him a complaint.
- Contact the police as soon as you discovered: After reporting the flight of your bike to the police, inform them if you find it. They will not always be able to act quickly. But you could help them identify people to join if they collect your bike later. And perhaps also to dismantle a network of thieves interested in more than your personal bike …
- Make sure to make a safe meeting: If you still decide to meet the person in possession of your bicycle, do it in a frequented public place. Be accompanied by a witness, stay calm and avoid any physical intervention.
- If possible, contact the person To find out under what circumstances she finds herself in possession of the bicycle. Ask him to identify: explain him that this is your bike that has been stolen. It is always better to adjust everything amicable. Be careful and do not take any unnecessary risk.
- Interest a legal appeal: You can also contact a court of justice, probably the division of small debts of the Court of Quebec, to recover your bike. However, this approach can be complex, especially if you do not know the identity of the person in possession of your bicycle or that you cannot join them.
In any case, caution and communication remain the best ways to manage the situation without compromising your security or your rights.
Read also: Stolen bikes: not yours! Here are 12 simple tips to avoid flight and bicycle flight: the importance of setting up an identification file
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