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The man forgot to take the phone was taken away Why is it recognized as non-theft?

via:CnBeta     time:2019/8/14 8:00:57     readed:51

The reporter found out that there have been many disputes arising from the problems of "theft" and "lost". Lawyers said that if they are found to be lost rather than stolen, they are in the scope of civil disputes. Public security organs generally do not accept them. The parties may adopt private and remedies by publishing lost and found ways.

Event cause

manMobile phoneLost alarm has no result

Police said that the loss was not stolen

On the evening of the 12th, Mr. Fan, who lives in Hangzhou, took the children to the supermarket, then ate at a fast food restaurant near the supermarket and parked the battery car at the door. Mr. Fan told reporters that because he bought more things, when he finished eating, he packed things and put them in the car.

Then Mr. Fan and his children went out to put things in, and returned after about ten minutes, and found that a mobile phone on the table was missing. Because this mobile phone contains all the photos of children from birth to now 4 years old, there are 40 G, Mr. Fan is very anxious. After the alarm, the police in the Yulin District Police Station in Yuhang District of Hangzhou found that the woman wearing a striped shirt took the mobile phone.

By losing the background positioning of the mobile phone, Mr. Fan traced the mobile phone to a certain cell in Yuhang District. After knowing the location of the mobile phone, Mr. Fan hoped that the police could go to the community to find the surveillance and find the person who took the mobile phone. However, this request was rejected by the police. The police asked Mr. Fan to find it himself. Mr. Fan does not understand why his mobile phone was taken away, but the police refused to find someone to take the mobile phone?

On the morning of the 13th, the reporter of Beiqing Daily contacted the Yulin District Police Station in Yuhang District of Hangzhou. The police station of the police station said that after receiving the alarm from Mr. Fan, the police handled the police for the first time, but Mr. Fan returned from the fast food restaurant and found that he did not bring his mobile phone. According to the regulations on public security management and punishment, the loss of items in public areas in public places is lost. Instead of stealing, the police had already said this to Mr. Fan. After that, the police will also monitor the video and try to help Mr. Fan find the lost mobile phone. In addition, the police said that for the lost items, Mr. Fan can sue the court and demand compensation from the other party.

The picture shows a similar case of the wrong mobile phone

Coming out

Lost items appeared in many places

The alarms were all identified as not being "theft"

After reviewing the report, Beiqing Daily found that there were still many cases in which lost items were identified by the police as “lost” rather than “theft.” Many of them had caused much controversy.

On July 6th, Mr. Zhang, a Xi’an courier, placed a box of Maotai on the ground while sending the courier. He was then taken away by a man and a woman. According to media reports, after Mr. Zhang’s report, the police claimed that it was a lost item and did not file a case and asked Mr. Zhang to look for it himself.

The staff of Xi'an Public Security Bureau told Beiqing Daily that the courier found that Maotai was damaged when the incident occurred. The wine was taken from the car and placed in an empty place to dry, and then left the incident. The men and women who took Moutai are taking the wine away in the process. The police said that after receiving the report, the police station in the district police station has accepted the case in criminal cases. However, since it is still impossible to define whether it is a lost item or a theft, it has not been filed. On July 15, the man who took Moutai returned the wine to the police station and said that he saw the box was damaged and thought it was lost.

Lawyer interpretation

If it is found to be lost rather than stolen

Is a category of civil disputes

There are many disputes. How do you define “lost” and “theft” in law? What behavior will be considered "theft"? When it is identified as a lost item, how should the party retrieve it? In this regard, Beiqing Daily reporter consulted Changsha, a lawyer of Beijing Kyoto Law Firm.

Lawyer Chang told reporters that the lost items are divided into forgotten objects and lost objects.

Forgotten things generally mean that the property is forgotten in a particular place because of the subjective negligence of the owner. However, if the owner does not completely forget the place, he may immediately return to the original place to look for it. Under such circumstances, the property is not in the possession of the owner and is still within the controllable and disposable scope of the owner. If the perpetrator picks up the property of others in this case and uses illegal possession for the purpose of divesting, the owner’s possession of the property is suspected of constituting theft.

Lost property refers to the movable property that does not accidentally lose its possession based on the meaning of the owner. Because the owner does not know where the object is, it is called a lost object, such as an item that falls on the road. In this case, the item has been removed from the possession of the owner and can no longer be considered as the object of theft.

Lawyer Chang said that according to China's "Criminal Law", theft crime refers to the purpose of illegal possession, theft of public and private property, or theft, burglary, murder, and plagiarism of public and private property, thus constituteing theft It is necessary to satisfy the subjectively direct and intentional, objectively stolen amount of the company's financial requirements.

Because the police did not recognize it as "theft," Mr. Fan made it difficult to find a mobile phone. In this regard, Chang said that if it is found to be lost rather than stolen, it is a category of civil disputes, and public security organs generally will not accept it. The parties may take private remedies by posting lost and found, etc. If the party already knows who the lost property is possessed, he may request that the occupant not return the lost property. If the occupant refuses to return, the party may bring a civil action to the court. Requires its return to the reduction.

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