It is not illegal for my friend and his car to be detained for 24 hours

If you rent out someone else who is renting a car for something illegal, the car can be confiscated as a tool in this case.

If you don't know about it, if you have a car rental contract, the public security organ can't use the car as a tool to commit the crime, and after the investigation (as long as it is not owned by the criminals and the owner of the property is not aware), they should return the money to the owner.

Take the contract and ask for it, and if you don't give it, you will sue in court.

According to article 238 of the Criminal Law of the People's Republic of China, the crime of illegal detention is the act of illegally detaining another person or illegally depriving another person of his or her personal liberty by other means. In determining the crime of unlawful detention, the act of detention must be objectively coercive, i.e., the forced use of the other person against his or her will to be controlled. It is mainly manifested in the use of coercive means sufficient to deprive oneself of one's liberty, such as kidnapping, detention, confinement, etc.

Yes, driving your car without permission constitutes the crime of theft. But if you have given him your car keys and stated that he can drive your car, then it is not a crime. But no matter what, as long as you don't say that you can drive the car casually, and I will top it if you drive it badly, then he must compensate your car.

He can be sued in court for damages for the crime of embezzlement.

Break the law and ask your friend to call the police to get it back.

You need to prove that the car is not your property, and then you or your friend will report it to the **, and the car will be returned to your friend.

Hello, this is not a scam, it can only be said that you are careless in making friends. The criminal characteristics of fraud constitute the method of concealing the truth or fabricating lies to defraud others of their property and take it for themselves. In this case, although your friend concealed the truth of the matter, he borrowed the car from you after all, and did not try to take your car for himself, and you could not contact him because he was arrested by the police, not because he deliberately did not want to return the car to you.

Therefore, this does not constitute a crime of fraud.

You can only go to the public security organ to explain the situation, your car is currently a tool involved in the crime, and you can only get the impounded vehicle back after the case is processed. Please try not to lend the car to others, the public security bureau detained the car, this is considered light, if there is a traffic accident, even if there is no driving at the time, the owner of the car will be jointly and severally liable to pay money.

If you are not careful with friends, friends who have a car should not lend a car to others to use!

Is there any reason?

1. Failing to return other people's items after borrowing them does not constitute a crime, but is only a civil dispute and can be resolved through court litigation.

2. The crime of embezzlement can only be the act of illegally taking possession of property, forgotten or buried property handed over to oneself for safekeeping.

Criminal Law: 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 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.

It mainly depends on whose name is on the license to exercise the car. If it's your name, there's no reason for them to withhold it.

I also had the same thing, my car owner, also sued, locked the car. But the other party forcibly picked the lock and drove the car away, and he didn't know what to do? It's just that you can't borrow anything indiscriminately, and if you borrow it, you will get into official trouble.

The policemen who don't chase you are all eating dry food and receiving salaries.

If the value of the vehicle is large, it is suspected of embezzlement and constitutes a criminal offense. Illegally taking possession of other people's property in custody, and the amount is relatively large. In this case, the vehicle in lawful possession has been resold to another person, and the purpose of the illegal possession is clear.

In addition, there is no uniform judicial interpretation of the criteria for conviction of the crime of embezzlement across the country.

Legal analysis

It is a civil dispute. If the negotiation fails, take the agreement and sue the court to claim that the other party repay the loan. Attached civil litigation shall generally be submitted with a pleading, clearly stating the circumstances of the parties, the details of the case, and the specific litigation demands, and presenting corresponding evidence.

Where there is genuine difficulty in writing a complaint, a lawsuit may be filed orally. Adjudicators shall question the plaintiff's oral claims in detail, make a record, and then read them out to the plaintiff; After the plaintiff confirms that it is accurate, he shall sign or affix a seal. Attached civil lawsuits, whether initiated orally or in writing, shall explain the names, ages, and addresses of the victims and defendants, as well as the extent of the losses suffered as a result of the criminal acts, and the specific litigation claims.

When the people's procuratorate initiates an attached civil lawsuit, it must clearly state in the indictment that the attached civil lawsuit cannot be raised orally. In the course of litigation, when the victim should have raised an attached civil lawsuit but did not, the public security organs, people's procuratorates, and people's courts may inform the victims (citizens, legal persons, and other organizations) who have suffered losses as a result of the criminal conduct, the close relatives of the deceased victims, and the legally-designated persons of the victims who are incapacitated or have limited capacity to conduct the right to initiate an attached civil lawsuit in order to decide whether to exercise this right.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 2: The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties' exercise of procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate citizens to conscientiously abide by the law, preserve social and economic order, and ensure the smooth progress of the cause of socialist construction.

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

It depends on your attitude, if you authorize, it is civil, if you do not know, it is criminal.

The theft of a list of crimes should be taken to the close.

Look at how much money and what means.

After the lawsuit is filed in the court, it may be served by public notice, and then the judgment in absentia may be made.

Does the other person have a home address?