If it is indeed picked up by others, then the person suspected of constituting "misappropriation of the crime", "Criminal Law" Article 270 clearly stipulates that "misappropriation" belongs to the "tell to deal with" crime, so the lost person can only own to the people's court proceedings to pursue the criminal responsibility of the founders. "Tell to deal with" the crime, so the lost person can only own to the people's court litigation to pursue the criminal responsibility of the finder, the public security organs do not have the right to force to deal with. In practice, the public security organs do not generally intervene in this type of dispute, but if it is a theft, the public security organs must be filed to deal with! The characterization of the case generally depends on the report of the person who reported the incident.
But "misappropriation" and "theft" in some cases or more difficult to distinguish, especially for the owner of the lost property is even more so, such as you in the public **** car lost a cell phone, how do you know is taken from the pocket of someone else or The first thing you need to do is to get rid of your cell phone.
If you think it's more likely that it was stolen, you can tell the police that it was, and provide them with information about the other person, and they will help you deal with the situation.
The first thing you need to do is to get your hands dirty.
I hope my answer can help you!
Hangzhou Zhou lawyer (contact details see profile)
Question 2: pick up the money not to return the crime? 1. This is the case for the "lost and found" situation. Property law provides for the handling of found lost things there are two ways, one for the return of the owner, one to the public security and other relevant circumstances. The finder has the obligation to keep it in good condition, and when it is returned, the owner can be required to pay a certain amount of storage fee. The legal basis for the Property Law, Article 109, found lost property, shall be returned to the right holder. The finder shall promptly notify the owner of the right to collect, or sent to the public security and other relevant departments.
Article 111: The finder shall keep the lost property in a safe place before it is delivered to the relevant departments, and the relevant departments shall keep the lost property in a safe place before it is collected. If the lost property is destroyed or lost due to intent or gross negligence, the person shall bear civil liability.
Article 112 When the right holder receives the lost property, he shall pay to the finder or the department concerned the necessary expenses for keeping the lost property.
2. Criminal offense is not involved, at most, civil problems, the responsibility stops at the restitution, unless the lost property is damaged.
3. If the owner of the loss, the burden of proof on the side of the owner, he has to come up with evidence to prove that there is more money in the wallet, even if he can prove that there is more money in the wallet, he can not prove that the money is your friend, you can say that it may be long ago was taken away, so the owner of the loss of the main success of the loss of the hard to prove that the wallet has more money, and the money is your friend to take. Of course get to this heart is not comfortable.
4. We do people according to the principle of their own hearts, conscience on the line, not because of other people and deliberately change their principles of doing people, how to do how to do. I believe that the general owner if a little bit of humanity, and will not play bad.
5. Then no, throw it back on the street, the problem is still to others to deal with. Or hand over to the public security, do not leave a name, but also do an unsung hero.
Question three: found something not return, guilty? The owner's behavior attributes of unjust enrichment.
China's civil law stipulates that: the beneficiary of unjust enrichment is obliged to return the unjust enrichment. If you fail to return in time to the other side of the loss caused by the loss, should compensate the other side of the loss.
For the owner to delete all the information of the other party, the violation of the privacy of others, should be publicly apologized for, give appropriate compensation!
Question 4: China is when the provisions of the pick up something does not return constitute a crime Pick up something originally not a crime ah! If you pick up is someone else lost things, you belong to the unjust enrichment, you should return, otherwise, you can be prosecuted, if you pick up is nature's things, buried things ...... then belong to the original acquisition, you enjoy ownership! Of course, pick up the cultural relics, another
Question 5: pick up something not return, constitute the crime of theft Pick up something not return will not constitute the crime of theft, if the amount is larger, more than 5000 yuan, suspected of misappropriation, should be investigated for criminal responsibility.
Question six: China is when the provisions of the pick up something does not constitute a crime long time, anyway, in China, you just pick up very valuable things do not return to be detained for more than ten days
Question seven: take other people do not give what constitutes a crime students, "take people do not give" may be just a civil violation. The problem is that it is not a criminal offense, but it is a criminal offense. But it may also constitute a criminal offense, such as robbery, theft, misappropriation and so on!
You can tell us the details, so we can help you better!
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Question 8: other people took my things finally do not give belong to the law what crime Because you did not say clearly, I will analyze you:
If it is the case that you do not know take, it is theft.
If it is when you face take, you do not give him hard to take, that is robbery.
Either way, you have to have evidence if you want to sue each other.
This collection of evidence is the most difficult to prosecute.
Question nine: how much money is not still a crime Picked up property belongs to the unjust enrichment, should be returned to the owner in a timely manner or handed over to the public security organs, etc., if the amount of more than five thousand dollars or more, refused to return, suspected of misappropriation of the crime, to be held criminally liable according to law.
Article 270 of the Criminal Law will be the custody of other people's property illegally for their own, the amount of money, refused to return, shall be sentenced to less than two years of fixed-term imprisonment, detention or fine; amount of money or other serious circumstances, shall be sentenced to more than two years to less than five years of fixed-term imprisonment, and shall be punished with a fine.
Anyone who illegally appropriates another person's forgotten or buried objects for himself or herself, with a larger amount, and refuses to hand them over shall be punished in accordance with the provisions of the preceding paragraph.
The crime of this article, told only to deal with.
Question 10: found valuable things do not hand over whether enough to become a crime Yes.
Unjust enrichment
Article 92 of the General Principles of Civil Law stipulates that: there is no lawful basis for obtaining undue benefits, causing losses to others, the undue benefits should be returned to the person who suffered losses