Is it a violation of school rules to steal a mobile phone confiscated by a teacher?

It's okay to take it, you need to notify the teacher, otherwise it's theft.

However, the teacher's starting point is to love the student and not affect your learning, so it is recommended that you sincerely apologize to the teacher, explain the reason, and abide by the school's discipline and regulations in your future study life.

Legal Analysis: Although the confiscation of the mobile phone temporarily deprived the owner of possession and disposal of the property, because the teacher handed it over to the owner's parents, it was not considered that it actually infringed the owner's ownership, so the act of confiscating it to the parents was not illegal. However, if the time limit for restitution is too long, or if the owner insists on disagreeing, and the teacher is still in possession of the phone, it may constitute a violation of the owner's right of possession and disposal.

If the teacher confiscates the mobile phone and does not return it, the teacher's behavior has actually violated the owner's right of possession and disposal, and if the teacher refuses to return it, the owner can claim his legitimate rights and interests through the law.

Legal basis: Civil Code of the People's Republic of China

Article 235:Where there is no right to possess immovable or movable property, the right holder may request the return of the original property.

Article 266:Private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.

Article 267:The lawful property of private individuals is protected by law, and it is prohibited for any organization or individual to embezzle, plunder, or destroy it.

Illicit. Article 2, Paragraph 3 and Article 4 of the Property Law of the People's Republic of China stipulate that mobile phones are the legal movable property of students and have the ownership of the goods, and no individual or agency (except law enforcement agencies) has the right to possess or detain them;

Article 3435 of the Property Law: Teachers should take an effective approach to guide students to use their mobile phones correctly instead of confronting the law by claiming the restoration and restitution of property from individuals and agencies (other than law enforcement agencies) who have committed legal property theft.

The school has a rule that students are not allowed to bring mobile phones to school, but there is no rule that teachers can confiscate and seize mobile phones.

This is because the Property Law clearly stipulates that no one can infringe on the personal property of others. Although the school is a public school, the school can only be a school and can never become a law enforcement unit. However, some schools have regulations that allow teachers to confiscate mobile phones, which is contrary to the law and is illegal, and should be repealed as usual.

The Teachers Act does not have the power to "confiscate or seize student property".

Summary. Hello, if the other party did not report to the police, you will not be punished. But this act is illegal.

Is it still a crime to steal a mobile phone outside the school and be educated by a teacher?

Hello, if the other party did not report to the police, you will not be punished. But this act is illegal.

Did you call the police for the stolen one?

How old is the person who steals a phone?

Legal basis: Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the love is heavier, they are to be detained for between 10 and 15 days, and may be fined up to 1,000 RMB.

Tell us about it.

I was 17 years old when I stole it, and now I'm 19 years old, and now it's been 2 years since I returned it, and if I was called to the police, will I be punished?

How much does a mobile phone cost?

Did you leave any evidence at that time?

Glory 9x used to be more than 1200 Now it is less than 500 yuan with a surveillance video and sent it to the school At that time, it was returned after being educated by the school As for the video, I don't know if Yan Kuandao has been saved.

Are you the one who was stolen?

I'm not the one who stole it, I stole it from my Wuhui's classmate Xunchi Let me ask you I was 17 years old when I stole Mu Lee, and now I am 19 years old, and now I have returned it for 2 years, will I be punished if I am called to the police?

Generally, there will be no punishment, the statute of limitations for administrative punishment is six months, and Li Ku will not be punished again after the time has passed. If the police open a case of hunger and find evidence, they will be punished for theft. The offence of theft is retroactive for five years.

So does that mean that you won't be punished after 5 years, and how can you open a criminal case?

Yes, after five years there will be no penalty.

Requirements for filing a criminal case: 1. There are facts of a crime, that is, the case that has been accepted by the criminal suspect has violated the criminal law and constitutes a crime; 2. The amount of the suspected crime, the result of the crime, or other circumstances meet the standards for filing and prosecuting the case, and criminal responsibility needs to be pursued;

I was 17 years old when I committed the crime, and I'm 19 years old now, and if I were punished now, would I still be punished as a minor?

Oh, yes. Punishment is the age at the time of the offence.

After a juvenile commits a crime, and becomes an adult after being caught, the age of the crime is determined according to the time the criminal act was committed, so it is still handled as a juvenile crime.

Juvenile offenders are given lighter punishments.

Did the police find your friend?

Educational institutions have the right to manage and educate students, and if students are obsessed with their mobile phones and affect their learning, it is reasonable and compliant for teachers to confiscate students' mobile phones and return them afterwards. However, if it constitutes illegal seizure and possession of students' property, it is an act of infringing on students' property rights, and the school does not have such rights, and the administrative organs have the power to confiscate and temporarily seize them.

Article 1184 of the Civil Code: Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss. Article 1186:Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, both parties are to share the hail losses in accordance with the provisions of law. Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs.

where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.