Is it a crime to leave your phone downstairs and forget to take it away?

If the other party refuses to return it, and the amount of mobile phone is large, it is considered a crime, and the standard of a large amount may be different in each region. On the basis of the clear provisions of Criminal Law article 270, where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and it is refused to be returned, 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 mobile phone was left downstairs, forgot to take it, and was taken away by others, although this person is not a crime, but morally, it belongs to stealing other people's things, which is too immoral.

Hello, I forgot to take my phone downstairs and was taken away, is it a crime? It must be considered a crime right, because taking someone else's things is a thief, thank you.

If you find someone else's money, you should return it.

Picking up items (items that have been dropped on the ground) is not a crime in the first place, and the owner should return it voluntarily when they find it. Refusal to return and unjust enrichment is illegal, and the larger amount is considered a crime.

The idea is to have evidence – surveillance footage or witnesses.

If you leave your phone downstairs and forget to take it, it is not a crime.

It's hard to say, but it's hard to say how to finalize it.

If you forget to take your mobile phone and someone else takes it away, you can discuss it with others, and if you refuse to return it, you can call the police, which becomes a crime and can be punished by law.

This one. This one. It's a weird statement.

If you pick it up, throw it away. First of all, this process requires detailed proof to prove that a specific item was picked up. Then it is necessary to prove that a specific item was thrown away.

Who would waste so much time and energy to prove such trivial things. And at present, there is no legal provision that you can't pick up things.

At present, the law only stipulates that the owner of the item can request the return of the item to the person who proves that it was the object of the item and destroy it, but it cannot be used to punish the person who has picked it up.

It depends.

If the person has left the range of the mobile phone, the mobile phone has become a "lost property". If the party finds that the person has returned and has no intention of returning, it is theft if the amount is large. Returning it is generally not considered theft.

However, it may constitute the crime of misappropriation. However, according to the provisions of the Civil Code of the People's Republic of China, if another person obtains improper benefits without legal basis, the person who suffers losses has the right to request the return of the improper benefits, which is considered to be unjust enrichment.

1. Able to be controlled and possessed by people. The property that can be controlled and possessed by people must be tangible things that can be recognized according to the function of the five senses. Control and possession are de facto domination.

This domination is not just a purely physical and tangible domination. Sometimes possession can be said to be a social concept, which must take into account the nature of the thing, the time and space in which the thing is located, etc., and decide whether something is possessed or not according to the general concept in society. Sometimes, even in situations where physical or tangible domination cannot be reached, it can be considered possession socially.

2. It has a certain economic value, which is objective and can be measured in currency, such as price. Anything of subjective value (e.g., a commemorative letter) and of little value cannot be the object of theft in China. If the perpetrator of theft steals these worthless property and obtains valuable property (equivalent to the amount of stolen goods) through ** or exchange, and the amount is relatively large, he shall be convicted of theft.

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

Article 270.

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.

Civil Code of the People's Republic of China

Article 987.

Where the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers losses may request the gainers to return the profits and dissipate the profits and compensate for the losses in accordance with law.

If the person has left the range of the mobile phone, the mobile phone has become a "lost property". If the person concerned finds that he has returned and does not have the will to return to the royal brother, it will be a theft if the amount is large. Returning it is generally not considered theft.