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constitutes the crime of misappropriation.
On the basis of article 270 of the Criminal Law of the People's Republic of China [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 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.
Extended knowledge: Article 92 of the General Principles of the Civil Law: "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".
Article 131 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) stipulates that: "The improper benefits returned shall include the original goods and the fruits of the original goods. Other benefits obtained through the use of unjust enrichment shall be collected after deducting labor management expenses. ”
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There is a difference, where did you pick it up? Our country has a relatively comprehensive protection of financial institutions (i.e. banks), and if you pick it up in a place like a bank, an ATM, etc., then the tragedy may be convicted of theft or even fraud.
The above is not to scare you, in judicial practice, there are many such cases.
However, if it is not a financial institution, the 6,500 yuan you found is unjust enrichment, and the law stipulates that it should be handed over to the police uncle, and the police uncle can be nationalized after 6 months of receiving the money.
Don't be serious, no one is bothering you, then according to the law of our country, money, possession means that everything in your pocket is yours.
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Not responsible, and not stolen.
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It depends on how it was illegally occupied, and if it is possession of the money found, it does not constitute a crime.
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If the owner can prove that the money he lost was picked up by you, he can go to court to sue.
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If the amount reaches a certain level and is not repaid after being demanded, then the crime of embezzlement is suspected.
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Second, before the money is recovered, the person who collects the money is a manager without cause, and there is a debt of management without cause between the person and the owner, and it is impossible to rise to a crime. If you pick up the money and don't pay it back, it is not the right to possess, or the scope of civil law adjustment, and it cannot rise to the criminal law.
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If you find it, you will return it to someone else. Moral education should start from the child.
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It is considered unjust enrichment and does not violate the criminal law.
General Principles of the Civil Law: Article 92: Where improper benefits are obtained without a lawful basis, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.
In addition, the General Principles of the Civil Law also have provisions on lost property: Article 79, Paragraph 2 If a lost property, drifting object or a lost animal is found, it shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner.
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It's not illegal, but it should be handed over to the public.
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You can rest assured, in addition to the money falling on the cash truck, the private property is picked up and spent by you, at most you will be educated by the police, there is no illegal crime, only someone else gives you money or valuables for safekeeping, and you refuse to return it to involve the crime of embezzlement, just like you pick up a fallen gold on the periphery of a gold mine, and then you take it and sell it, it is not illegal.
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It is indeed a crime to pick up money and not return it.
Article 270 of the Penal Code stipulates that anyone who refuses to hand over the remains shall be punished by imprisonment, criminal detention and a fine.
In order to prevent the refusal to return other people's money and property, China's criminal law has established the crime of "embezzlement", which constitutes the crime of embezzlement if the property of another person or the forgotten property of another person is taken for the purpose of illegal possession, and the amount is relatively large, and the refusal to return or hand it over constitutes the crime of embezzlement.
Those who commit the crime of embezzlement are generally sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine, and where the amount is huge or there are other serious circumstances, they are to be sentenced to fixed-term imprisonment of not less than two years but not more than five years.
It is recommended that your friend still return this wallet, you can go to the police station first, and ask the police to let the owner return it to the police station, which can avoid what you said, "For example: My purse is not this more than 100 yuan!" And ah! There are more than 1,000 more."
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It is an offence.
1. Refusal to return it is an illegal act.
2. If the amount is relatively large and still refuses to return it after being urged by the owner, it is suspected of constituting the crime of embezzlement and will be investigated for criminal responsibility.
Article 270 [Crime of Embezzlement].
1. 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;
2. 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.
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1.This is a "lost property" situation. The Property Law stipulates that there are two ways to deal with lost property, one is to return it to the owner, and the other is to send it to the public security and other relevant circumstances.
The finder has the obligation to keep it properly, and when it is returned, it may require the owner to pay a certain amount of storage fees in accordance with the law. The legal basis is Article 109 of the Property Law, which provides that 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.
Article 111: Before the finder delivers the lost property to the relevant departments, the relevant departments shall properly keep the lost property before it is collected. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne.
Article 112: When the rights holder collects the lost property, it shall pay the finder or the relevant departments the necessary expenses for the custody of the lost property and other expenses.
2.There is no criminal offense, at most it is a civil issue, and the liability is limited to restitution, unless the lost property is damaged.
3.Even if he can prove that there is more money in the wallet, he can't prove that the money was taken by your friend, and you can say that it may have been taken by someone long ago, so it is difficult for the loser to succeed, he must prove that there is more money in the wallet, and the money was taken by your friend. Of course, it's uncomfortable to do this.
4.We are based on the principles in our hearts, as long as we have a clear conscience, don't deliberately change our principles of life because of others, and do what we should do. I believe that if the average owner is a little human, he will not cheat.
5.If it doesn't work, just throw it back on the street and leave the problem to someone else. Or hand it over to the police, don't leave your name, and be an unsung hero.
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Picking up money is not still a crime. What's more, there are ID cards in it, if you are worried about this, you can call ** to 110 and let the police supervise, so that he will not have any cheating behavior.
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Don't listen to their nonsense, take the money, find a trash can in your wallet and throw it away, or you go to the police station and say that there is no money in the first place.
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Legally speaking, the discovery of other people's money and property is unjust enrichment, and the owner has the right to demand its return. If the money is found and refuses to return it, if the amount is relatively large (more than 10,000 yuan), it will constitute the crime of embezzlement, and may be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine.
The crime of embezzlement is a private prosecution case, which requires the owner to file a claim and provide evidence. In other words, if the person who picks up the money takes the initiative to return it, the owner waives the responsibility, and the person who picks up the money can be exempted from criminal punishment.
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Hello illegal! According to the Property Law, the lost property of others shall be returned, otherwise it constitutes unjust enrichment, and the losses caused shall be compensated.
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Rest assured, if you don't commit a crime, there is only 100 yuan, and the amount is not huge, so it only constitutes civil liability in civil law, and the things you pick up belong to the legal debt of management without cause
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It's hard to be a good person. After personally picking up the ID card, the owner still asks if there are other things? Fortunately, there were colleagues from the unit present.
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In fact, you just need to return the documents to him, and as for the money, you can keep it yourself, and you can tell him that the wallet he picked up in the toilet only has the documents in it. That's it.
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If you don't pick up money from the sky, you can pick up as much as you want, and it would be nice if it rained gold in some areas.
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According to Article 93 of the General Principles of China's Civil Law and Article 270 of the Criminal Law, as long as there is evidence, the situation you mentioned is unjust enrichment. constitutes the crime of misappropriation. Criminal liability can be pursued.
Asking for dividends is a moral category, you can give it, and you can not give it.
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Now it's too much for anyone to care. I lost my wallet, and someone called me and told me to pick it up. ID card 50, bank card 50, a set of cheap 300.
It's still a small façade, that's what it is, and it's all over the table. Go to the back and find a group of people to ask for it, either I will smash your store, or you will give it to me, and he will give it to me.
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Money is a typical ownerless property in civil law, and not returning the money is a matter of moral constraints, and the law does not care, but if there is evidence to prove that the person who picks up the money knows that the owner is lost, he should be unjustly enriched, and he has the right to demand its return.
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The second floor is right, if there is evidence to prove that the person who picked up the money knows that the owner is the owner, he should be unjust enrichment and has the right to demand its return. If the amount is large, it may constitute the crime of embezzlement and bear criminal liability.
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Hello, you can negotiate first, and it will not be resolved by civil litigation.
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Hello, this is not a crime, but according to the general principles of civil law and property law, lost property must be returned.
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It is not a crime, but if the owner knows that the wallet has been found, you can ask for it to be returned through a civil lawsuit.
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Hello. does not constitute a criminal offence. However, the other party may demand you to return it on the basis of unjust enrichment.
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The sentence is affirmative, and the punishment is as the crime of theft, and 100,000 yuan should be between 5 and 10 years.
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Under our current law, this is likely to be a violation of the crime of embezzlement under article 270 of the Penal Code. However, the crime of embezzlement is a crime of "not suing and ignoring", that is to say, unless the owner comes to the door and then goes to complain, the landlord will not commit this crime, but it is very problematic to do so morally.
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It depends on how to "owe", whether you can find this person, whether you have the ability to repay, whether there is a fictitious fact fraud, if there is a fraud situation, you can sue the public security bureau and investigate criminal responsibility, if not, it is a civil dispute, you can only go to the court to sue, and the court will rule on repayment or enforcement.
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It should be a civil liability, you need to say specifically, why you owe 6,500 yuan.
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is against the law. Article 92 of the General Principles of the Civil Law stipulates that "if an improper benefit is obtained without a lawful basis, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the loss." "The property interest obtained by collecting money is an improper benefit under the law, and will cause losses to others as a result, and shall be returned.
Extended Materials. The General Principles of the Civil Law of the People's Republic of China is a legal provision made by China on some common issues in civil activities, and is a general law in the civil law system, which was adopted by the Fourth Session of the Sixth National People's Congress on April 12, 1986 and came into force on January 1, 1987, with a total of 9 chapters and 156 articles.
Article 79 of the General Principles of the Civil Law: Buried or hidden objects whose owners are unknown shall be owned by the State. The receiving unit shall give praise or material rewards to the units or individuals who hand it over.
Lost property, drifting objects or separated animals shall be returned to the owner, and the expenses incurred as a result shall be reimbursed by the owner.
Article 80 of the General Principles of the Civil Law The land owned by the State may be used by units owned by the whole people in accordance with the law, or may be used by units under collective ownership in accordance with the law, and the State shall protect its right to use and benefit; The user unit has the obligation to manage, protect and make reasonable use.
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Hello, this is really to be aware of, according to the laws of our country, picking up a wallet in a supermarket may be dealt with as theft.
There are basically two situations according to the theft treatment, one is to go to the supermarket at an abnormal time, that is, to say that it is not open normally, or to enter it just after the door opens. The second scenario is that the owner is nearby when you pick up your wallet. (Both cases are relatively rare).
However, according to the general situation, if it is accidentally found in a supermarket that you go to at a normal time, and you pick it up and refuse to return it, it will generally be designated as encroachment. Because it is a private prosecution case, if the parties do not pursue it, no one will come to investigate.
If the amount reaches 800, it is already a "large amount" and has entered the scope of the case, and if there is a credit card in the wallet, it may also involve other crimes such as credit card fraud.
Supermarkets generally have surveillance cameras, and it is recommended to return them to the supermarket in time to avoid unintended complications.
However, from the perspective of normal practice, this kind of thing happens very often, if the owner comes to give it to him, it will be fine, if not, it is estimated that he will not care about 800 yuan. )
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Breaking the law but not committing a crime, the general local regulations require 2,000 yuan to commit the "crime of embezzlement" to meet the requirements of the criminal law, but the other party can report the case, and the police will also ask you to pay back the money at that time, if you don't pay it back, you may violate the law The "Public Security Administration Punishment Law" stipulates that the maximum number of people who can be detained But the general department bears criminal responsibility!
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According to the law, if you find someone else's property, you should return it to the owner. If the owner cannot be found, it should be sent to the police station. If you take it for yourself, it is an act of infringing on the property rights of others.
The money you find is legally known as unjust enrichment and should be returned. If you don't pay it back, your behavior should be in the moral realm.
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