If you pick up more than 20,000 yuan, if you don t return the owner, will you be sentenced?

If the other party refuses to return the money after filing a civil lawsuit for unjust enrichment, the court still refuses to return the money after making a judgment, and the circumstances are serious, it will constitute the crime of refusing to enforce the judgment or ruling. However, if you take possession of the unjust enrichment and refuse to return it if you want to take possession of it illegally, and the amount is particularly huge, it may be suspected of constituting the crime of embezzlement and will be subject to criminal punishment.

Legal analysis

Unjust enrichment mainly refers to the legal fact that the interests of others are obtained without lawful evidence or basis, and the interests of others are harmed. The party that obtains unjust enrichment has the responsibility and obligation to return the subject matter of unjust enrichment to the obligee in full as soon as possible, and before the return is made, the relationship between the two is a debt, the person who obtains unjust enrichment is the debtor, and the person whose rights and interests are damaged is the creditor. In this case, if a sum of money is obtained without any lawful and reasonable reasons or other evidence, and the other party will file a civil lawsuit on the grounds of not returning the unjust enrichment, and the court rules that the debtor should return the unjust enrichment to the creditor, it is a judgment and ruling of the people's court that has the ability to enforce but will never enforce it, and the situation is serious, it will constitute a crime and be subject to criminal punishment.

In more serious cases, those who illegally take possession of other people's property, and refuse to return it without reason, will be suspected of constituting the crime of embezzlement and will be subject to criminal punishment (including fixed-term imprisonment, short-term detention or fines, etc.). It is recommended that unjust enrichment be returned in a timely manner to avoid being involved in litigation or constituting a crime.

Legal basis

Criminal Law of the People's Republic of China" Article 313:Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

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 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.

The subject is a general subject, that is, a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility;

Subjectively intentional. The perpetrator clearly knows that his or her conduct will infringe upon the ownership rights of others' property, but still intentionally commits it, and the perpetrator has the purpose of taking possession of others' property;

Objectively manifested as the illegal appropriation of other people's property, forgotten property, or buried property in one's custody, and the amount is relatively large;

The object is the property ownership of others.

may be sentenced to imprisonment for up to two years, criminal detention or a fine; where the amount is huge or the circumstances are serious, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Those who commit this crime shall be dealt with only after being told.

You can look it up for the crime of unlawful possession.

The act of not returning the money to the owner after picking up it is of course a crime, and if the amount is large, it is suspected of embezzlement. The Criminal Law of the People's Republic of China stipulates that if the crime of embezzlement is constituted, the sentence shall be 2 to 5 years imprisonment according to the amount of embezzlement.

1. Is it illegal for me to pick up money and not return it to the owner?

The act of not returning the money to the owner is illegal, and the circumstances are serious and constitute the crime of embezzlement.

Criminal Law of the People's Republic of China

Article 270: [Crime of Embezzlement] 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 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 someone illegally takes possession of another person's forgotten or buried property, and the amount is relatively large, and refuses 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.

2. What should I do if I pick up someone else's money?

Civil Code of the People's Republic of China

Article 314: [Return of Lost Property] Lost property found 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.

Article 315: [Handling of Lost Property Received by Relevant Departments] Where the relevant departments receive the lost property and know of the rights holder, they shall promptly notify them to collect it; and where they do not know, they shall promptly issue a notice of solicitation.

Article 316: [Obligation of the Finder and Relevant Departments to Properly Keep the Lost Property] Before the finder sends the lost property to the relevant departments, the relevant departments shall properly keep the lost property before the lost property is collected. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne.

Article 317 [Obligations of the Right Holder When Collecting the Lost Property] When the right holder receives the lost property, it shall pay the necessary expenses for the custody of the lost property to the finder or the relevant departments.

If the right holder hangs the mu clan group reward to find the lost property, it shall perform its obligations in accordance with the promise when collecting the lost property.

If the finder embezzles the lost property, he has no right to request the custody of the lost property and other expenses, nor does he have the right to request the right holder to perform its obligations as promised.

Although picking up other people's money is obtained in good faith, in daily life, it does not mean that after picking up something, it belongs to the individual, and the legal system clearly stipulates that those who illegally take possession of other people's forgotten or buried objects as their own and refuse to hand them over must bear legal responsibility.

If the crime of embezzlement is constituted, he will be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine, because 20,000 yuan belongs to the scope of a relatively large amount, and if the amount is huge or there are other serious circumstances, he will be sentenced to fixed-term imprisonment of not less than two years but not more than five years and a fine.

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 they refuse to hand them over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime is only punished with suspicion if it is coarsely told.

Answer: If you refuse to return it, it is an illegal act, and the owner can directly request it to be returned, or you can go to the court to sue for restitution. Where the amount is relatively large, and the owner still refuses to return it after being urged by the owner, it is suspected of constituting the crime of embezzlement, and will be pursued for criminal responsibility.

Legal basis: Article 270 of the Criminal Law: Whoever illegally takes possession of another person's property in custody as his own, 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 person refuses to hand it over, it shall be punished in accordance with the provisions of the preceding paragraph.

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