Is it easy to fight a private criminal prosecution? On the crime of embezzlement. Has the success ra

In a private criminal prosecution case for the crime of embezzlement, if the evidence is conclusive, you can win the case by preparing the relevant evidence.

Legal analysisThe crime of embezzlement refers to an illegal act of taking property, lost or buried property kept by another person for the purpose of illegal possession. The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. The offence must be subjectively motivated by intent, i.e. unlawful possession of property, forgotten or buried property that is known to belong to another person for his safekeeping.

The object of the crime is limited to three types of property: first, the property of others kept on behalf of others; the second is the forgotten things of others, and the forgotten things are not equal to the lost things, nor are they the same as the abandoned things; The third is the buried objects of others. The object of infringement is the ownership of another person's property.

The object of this crime is the property, forgotten and buried objects of others that have been entrusted to one's safekeeping. Objectively, it is manifested as the act of illegally taking possession of other people's property, forgotten items, or buried items that they have entrusted to them for safekeeping, and the amount is relatively large, and refusing to return them. The subject of the crime is the general subject.

The subjective aspect is manifested as direct intent and with the purpose of illegally taking possession of another person's property. The object of this crime is the property, forgotten and buried objects of others that have been entrusted to one's safekeeping. The so-called property of others handed over to oneself for safekeeping refers to the property of others that is entrusted by others or collected and managed for others in accordance with contracts or relevant provisions, and the so-called forgotten property of others refers to the property that should have been taken away but was not taken away because of forgetfulness, such as forgetting things on the counter when buying something, forgetting things at someone's house to play, taking a taxi and forgetting the property in the car, etc.

It should be noted that forgotten things are not the same as lost things. The latter is the property lost by the owner, who has lost control of the property for a relatively long time, and generally does not know the time and place of loss, and the picker generally does not know and it is difficult to find the lost person. Forgotten objects, on the other hand, are things that have just been forgotten temporarily, and the forgetter has lost control of them for a relatively short time, and will generally quickly recall the time and place of forgetting, and come back to look for them, and the pickers generally know who the forgetter is.

Legal basisCriminal Law of the People's Republic of China" Article 270:Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to 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. 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. This crime shall be dealt with only if it is told.

There are not many cases of this kind of embezzlement, and the judge asks you to provide evidence, can you prove it? Furthermore, the encroachment is conditional, and the couple takes your things, so do these things belong to the custody of the goods, forgotten things, etc.?

It's harder to commit crimes! You're not a professional investigator, so why don't you hire a good lawyer.

Legal Analysis: 1. The victim does not have a good understanding of the scope and standards of private prosecution in criminal cases. There are many parties who do not understand or even know that the court can directly accept a criminal private prosecution case, and when their rights and interests are illegally infringed, and the public security and procuratorial organs do not intervene or do not deal with it, they consider themselves unlucky, but do not know that they can file a criminal private prosecution to protect their legitimate rights and interests.

2. The courts are "afraid of difficulties" in the trial of private criminal prosecution cases, restricting the conditions for prosecution of private criminal prosecution cases, artificially narrowing the scope of criminal private prosecution cases, and leaving the victims without a way to file a complaint and without safeguarding their lawful rights and interests.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 114:In private prosecution cases, victims have the right to file a lawsuit directly with the people's court. Where the victim dies or loses capacity, the victim's legally-designated persons or close relatives have the right to file a lawsuit in the people's court. The people's court shall accept it in accordance with law.

Article 19: The investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law. The people's procuratorate may file a case for investigation if the people's procuratorate discovers in the course of exercising legal supervision of litigation activities that judicial personnel abuse their authority to commit crimes that infringe on citizens' rights or harm judicial fairness, such as illegal detention, extortion of confessions by torture, or illegal searches. When it is necessary for the people's procuratorate to directly accept a case of a major crime committed by a state organ employee in the jurisdiction of a public security organ abusing his authority, the people's procuratorate may file and investigate the case upon a decision of the people's procuratorate at the provincial level or above.

Private prosecution cases are to be directly accepted by the people's courts.

Legal analysis: It is necessary to make a judgment based on the specific facts of the case and the evidence currently in possession.

Legal basis: "Criminal Law of the People's Republic of China" Article 270: Whoever illegally takes possession of other people's property for safekeeping, and the amount is relatively large, and refuses to return it, is to 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.

Where the forgotten or buried property of others is illegally taken into possession of oneself, and the amount is relatively large, and the amount is destroyed, and the person refuses to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This article of the crime, told to deal with the bridge.

Legal Balance Analysis:

Judgments should be made on the basis of the specific facts of the case and the evidence currently in possession.

The legal basis is to slip by:

Criminal Law of the People's Republic of China" Article 270:Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to 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.

Where the forgotten or buried items of others are illegally taken into possession of themselves, and the amount is relatively large and is returned, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.