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Picking up other people's things and not returning them is a legal phenomenon that has no legal basis, obtains improper benefits, and causes losses to others. It is unjust enrichment, and it is also a criminal act, and it should be returned, and if it is not returned, the person who lost it can sue the court to make a judgment to return it. Article 79 of the General Principles of the Civil Code, paragraph 2 of this article provides:
Lost property, drifting objects or lost animals shall be returned to the owner, and the expenses incurred as a result shall be reimbursed by the owner. Where the finder refuses to take the found item as his own and refuses to return it, causing a lawsuit, it is to be handled in accordance with a lawsuit for infringement. According to Article 109 of the Property Law, if a lost property is found, it 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. If you know that the thing was lost by someone else, and you refuse to return it when the owner comes to ask for it, and the quantity meets the requirements, and the above requirements are met, you constitute the crime of illegal misappropriation. Take a look:
The crime of illegal embezzlement, also known as the crime of embezzlement (Article 270 of the Criminal Law), refers to the act of illegally taking possession of property, forgotten or buried property handed over to oneself for the purpose of illegal possession, and refusing to return it to oneself in a relatively large amount. Extended Information If the property is eventually handed over or returned, or if the property is disposed of before the other person clearly proposes to return it, compensation has been made or promised afterwards, or even after the other person has made a claim, the property is disposed of without authorization but compensation or other remedial measures have been made, it is generally not punished as a crime.
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At present, China's law supports the owner to get his things back... If the person who picks up the object is unwilling to return it, it may be punished by law!
Of course, this needs to be conclusive evidence to be supported by the law!
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Legal Analysis: Reaching a certain amount may constitute the crime of embezzlement.
Picking up other people's forgotten items and refusing to return them is an act of embezzlement, and the general amount reaches 3,000 yuan or more and is suspected of the crime of embezzlement. The crime of embezzlement is a private prosecution case, and the Public Security Bureau will not file the case. You can sue directly in court.
Legal basis: Article 79, Paragraph 2 and Article 92 of the Civil Law shall be returned to the owner if a lost property, drifting object or a separated animal is found, and the expenses incurred therefrom shall be reimbursed by the owner. Where there is no lawful basis for obtaining improper benefits, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.
Therefore, the person who unjustly enriches should be held civilly liable.
Article 270 of the Criminal Law of the People's Republic of China illegally takes possession of the property of others in custody, 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.
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Illegal and unlawful possession.
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Of course it's illegal!!
This is unjust enrichment, and it is the use of ill-gotten gains.
In ancient times, although this matter did not belong to the "unforgivable heinousness", it was also a shameful sin.
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Legal analysis: If there is a collapsing town, it will constitute a crime, and it is necessary to analyze the facts of the case in detail. Misappropriation of another person's property without any legal basis should be unjust enrichment.
Legal basis: Article 122 of the Civil Code of the People's Republic of China Because others have no legal basis and obtain improper benefits, the person who has suffered losses has the right to request that they return the benefits of the non-year-old shirt.
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