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If the amount is relatively large, it is suspected of constituting the crime of embezzlement.
Article 270 of China's Criminal Law provides.
Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and refuses to return it, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.
Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.
The crime of embezzlement refers to the act of illegally taking possession of another person's property, forgotten property, or buried property for one's own custody for the purpose of illegal possession, and refusing to return it to the owner of a relatively large amount. But picking up money is a special situation. The nature of money is very special, and it is different from ordinary things.
Its special feature is that possession and ownership are one, that is, the person who possesses the money is the owner of the money, while the general thing is often separated from possession, for example, a person picks up a watch, then he is only the possessor of the watch, and cannot become the owner of the watch.
Therefore, the act of the person who has picked up the money and spends the money does not show that he has the intention of refusing to return it, and only when he expresses his refusal to return it with a clear intention can it be evaluated as the crime of embezzlement. If the amount is relatively small, it will not constitute a crime, but can only constitute unjust enrichment under civil law. Note:
Lost money and property are forgotten items that are the subject of the crime of embezzlement.
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Therefore, if the lost property is found, it should be handed over to the public security organ, and the public security organ will make an announcement so that the owner can claim it; If it remains unclaimed within six months of the announcement, it will be nationalized.
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Our law clearly stipulates that if something is found, it should be returned to the owner. The return of found items is not a moral obligation, nor is it an arbitrary obligation, but a mandatory obligation that must be fulfilled under the law.
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I lost two hundred yuan, and was picked up by others, and the surveillance also saw him pick it up, and asked him if he didn't pay it back, and talked a lot, what should I do.
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No, there are limits on the amount and time limit for lost and mistaken items.
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It is not illegal to hand it over after being found.
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If you have the opportunity to pick more, you won't.
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Legal Analysis: Not a crime. If something is picked up and not returned, it is an unjust enrichment under civil law, not a criminal act. However, if a relatively large amount of property is demanded under duress of restitution, it is suspected of constituting the crime of extortion.
Legal basis: "Criminal Law of the People's Republic of China" Article 274: Where extortion of public or private property is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or where a fine is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the fine is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment and a concurrent fine is to be given.
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Legal Analysis:1Picking up money and not paying it back is at least a violation of civil law, no matter how much, it is unjust enrichment and should be returned.
If they refuse to return the property of others that they have taken custody of in accordance with article 270 of the Criminal Law, "Crime of Embezzlement", and the amount is relatively large, and they refuse to return it, they are to be sentenced to up to two years imprisonment, short-term detention or a fine; 2.where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.
Legal basis: Article 314 of the Civil Code of the People's Republic of China Lost property shall be returned to the right holder. The finder shall promptly notify the right holder to collect it, or send it to the public security and other relevant departments.
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Generally, it's not illegal, but it depends on whether you are willing to give him this side.
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Picking up 3,000 yuan may not be illegal. If the perpetrator illegally takes possession of another person's forgotten property, and the amount is relatively large, and refuses to hand it over after being urged by the owner, Liang Lian constitutes the crime of embezzlement and shall be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.
According to Article 270 of the Criminal Law, a person who illegally takes possession of another person's property in custody and refuses to return it in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried property of others is illegally taken into possession of oneself, and the amount is relatively large, and the slag is refused, punishment is to be given in accordance with the provisions of the preceding paragraph.
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