Is it a crime to take the initiative to report the crime after picking up the card and swiping 300 y

It is not considered a crime, at most the police comrades criticize and educate you, and ask you to make up the money.

If you can have such an awareness, it means that your character is very good.

Some people lose their cards and never get them back. There are also people who find the card and will give a small part in return to the person who returned the card, and the public security bureau will also notify them to collect it.

However, why should we not do things that are contrary to virtue, because ill-gotten wealth will harm others.

Picking up the card and swiping 300 yuan by himself, it is already a theft.

Because it is 300 yuan, it does not meet the standard for filing a criminal case for theft, so it can only be investigated for public security responsibility in accordance with the "Public Security Administration Punishment Law", that is, administrative detention.

Therefore, it is already considered a violation of the law, but it does not constitute a crime.

If you take the initiative to report the case, even if you return the card and pay back 300 yuan, you may not be held legally responsible.

No, the amount is too small, and if you take the initiative to report the case, you can make up the money.

It's a good thing to stop the horse from the precipice, and you must not be greedy.

After swiping 300 yuan on the card, take the initiative to report the case, in this case it should not be considered a crime, and then return the 300 yuan to others.

If you pick up an Apple 6 mobile phone, it will automatically call the police after flashing, will it constitute a crime If you pick it up and flash it, it means that you want to keep it for yourself. How depressed it is to lose your heart than to lose your heart. If you don't return it, you have low moral quality.

Analysis of legal differences: after picking up someone else's bank card (credit card), if the owner can be found, it should be returned to the original owner in time, but if the owner cannot be found, do not use it, because the act of swiping the card after picking up the bank card (credit card) is illegal, and if the amount of the card reaches "a large amount", it is even suspected of a crime.

Legal Basis: "Criminal Law of the People's Republic of China" Article 196: In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulently using another person's credit card; (4) Malicious overdraft.

"Malicious overdraft" as used in the preceding paragraph refers to the act of a cardholder who, for the purpose of illegal possession, wantonly overdraws an overdraft beyond the prescribed limit or within a prescribed period of time, and fails to return it after being collected by the card-issuing bank. Those who steal credit cards and use them are to be convicted and punished in accordance with the provisions of article 264 of this Law.

Legal analysis: The act of picking up a bank card to 500 is a credit card fraud of "fraudulently using someone else's credit card". According to the relevant regulations of the University, "finding someone else's credit card and using it" is a credit card fraud of "fraudulently using another person's credit card".

Constitutes the crime of credit card fraud. The Standing Committee of the National People's Congress has discussed the meaning of "credit card" as provided for in the Criminal Law on the basis of the situation encountered in judicial practice, and explained it as follows: "Credit card" as provided for in the Criminal Law refers to an electronic payment card issued by a commercial bank or other financial institution with all or part of the functions such as consumer payment, credit loan, transfer and settlement, and cash deposit and withdrawal.

Legal basis: "Amendments to the Criminal Law of the People's Republic of China" 2. Amend Article 196 of the Criminal Law to read: "In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulently using another person's credit card; (4) Malicious overdraft. ""Malicious overdraft" as used in the preceding paragraph refers to the conduct of the cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it after being collected by the card-issuing bank. "Those who steal credit cards and use them are to be convicted and punished in accordance with the provisions of Article 264 of this Law. ”

Legal Analysis: It is illegal. The situation of the parties is unjust enrichment, which refers to the benefits that have no lawful basis, or have lost their lawful basis after the fact, and are recognized as benefits obtained by causing losses to others.

If you find a lost property and keep it for yourself, etc. The person who receives the benefit is called the beneficiary, and the person who suffers the damage is called the victim. The unjust enrichment is not obtained as a result of the beneficiary's unlawful act against the victim, but as a result of the negligence, misunderstanding or fault of the victim or a third party.

The beneficiary is obliged to return the unjust benefit to the victim after learning that there is no lawful basis for his benefit or that the lawful basis has been lost.

Legal basis: Article 122 of the Civil Code of the People's Republic of China (People's Republic of China) Because another person has no legal basis and obtains improper benefits, the person who has suffered losses has the right to ask him to return the improper benefits.