The crime of embezzlement clearly stipulated in Article 270 of China's Criminal Law refers to the act of taking possession of property, forgetting things and buried objects for the purpose of illegal possession and refusing to return them. Anyone suspected of this crime shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
The General Principles of the Civil Law and the Property Law clearly stipulate that the lost property of others must be returned. If transportation costs are incurred during storage, compensation can be negotiated with the owner. If the person who finds something refuses to return it, it is obvious extortion. The owner can report the case to the public security organ and investigate its criminal responsibility.
Failure to return the illegally acquired property in time will constitute the crime of embezzlement. The so-called crime of embezzlement refers to the illegal possession of other people's property or other people's forgetting things or buried things for the purpose of illegal possession. Those who refuse to return the large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
Extended data:
According to Article 112 of the Property Law of People's Republic of China (PRC), when the obligee receives the lost property, he shall pay the finder or the relevant department the necessary expenses for keeping the lost property. Where the obligee offers a reward for finding the lost property, he shall perform his obligations in accordance with the agreement when collecting the lost property. If the finder encroaches on the lost property, he has no right to demand the cost of keeping the lost property, nor has he the right to demand the obligee to fulfill his obligations as promised.
According to Article 113 of the Property Law of People's Republic of China (PRC), if the lost property is unclaimed within six months from the date of announcement, it shall be owned by the state.
With reference to the provisions of Article 114 of the Property Law of People's Republic of China (PRC), if floating objects, buried objects and hidden objects are found, the relevant provisions on finding lost property shall be referred to. Where there are other provisions in the Law on the Protection of Cultural Relics, those provisions shall prevail.
Central People's Government of People's Republic of China (PRC): Property Law of People's Republic of China (PRC) and People's Republic of China (PRC)