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The police station will call and ask if you have found your mobile phone.
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Tangyuan avenue
2022-12/06 exceeded 107, and the user adopted TA's answer.
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It should not be illegal to pick up a mobile phone;
First of all, it violates the property law. According to the provisions of the Property Law,
Article 109 Lost property found shall be returned to the obligee. The finder shall promptly notify the obligee to collect or deliver it to the public security and other relevant departments. Article 112 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.
Secondly, whether violating the criminal law constitutes a crime, according to the criminal law
Article 270 Whoever illegally occupies another person's property in a relatively large amount and refuses to return it 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. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken. It depends on how much your mobile phone is worth. Whether it has reached a large amount, whether the person who has been picked up has reached 16 years old (whether it has reached the age of criminal responsibility), etc. ;
At present, the key to expanding information is to find the person who found your mobile phone. Although you didn't answer the phone at the mobile phone police station, don't delay your mood. You should give full play to your positive energy and do good deeds to return your mobile phone to the Lord. Picking up the phone and not returning it to the owner is suspected of embezzlement. The crime of embezzlement refers to the act of illegally possessing property, forgetting things or buried objects given to you by others for the purpose of illegal possession, and refusing to return them. The subject of this crime is the general subject, and any natural person with criminal responsibility at the age of 16 can constitute this crime. Subjectively, this crime must be intentional, that is, knowing that it belongs to the property, forgetting things or buried objects entrusted to you by others, it is still illegal to take it for yourself. The object of crime is limited to three kinds of property: one is the property of others kept on behalf of others; Second, the forgetting things and forgetting things of others are not equal to the lost property, and they are also different from the lost property; The third is the funerary objects of others.
Article 270 Whoever illegally occupies another person's property in a relatively large amount and refuses to return it 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. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.
2022- 12-06 answer
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I found my cell phone and the police called.
It should not be illegal to pick up a mobile phone; First of all, it violates the property law. According to the Property Law, the lost property found in Article 109 shall be returned to the obligee. The finder shall promptly notify the obligee to collect or deliver it to the public security and other relevant departments. Article 112 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. Secondly, whether the violation of the criminal law constitutes a crime, and those who illegally possess other people's property for their custody according to Article 270 of the Criminal Law and refuse to return it shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fines; 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. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken. It depends on how much your mobile phone is worth. Whether it has reached a large amount, whether the person who has been picked up has reached 16 years old (whether it has reached the age of criminal responsibility), etc. ; At present, the key to expanding information is to find the person who found your mobile phone. Although you didn't answer the phone at the mobile phone police station, don't delay your mood. You should give full play to your positive energy and do good deeds to return your mobile phone to the Lord. Picking up the phone and not returning it to the owner is suspected of embezzlement. The crime of embezzlement refers to the act of illegally possessing property, forgetting things or buried objects given to you by others for the purpose of illegal possession, and refusing to return them. The subject of this crime is the general subject, and any natural person with criminal responsibility at the age of 16 can constitute this crime. Subjectively, this crime must be intentional, that is, knowing that it belongs to the property, forgetting things or buried objects entrusted to you by others, it is still illegal to take it for yourself. The object of crime is limited to three kinds of property: one is the property of others; Second, the forgetting things and forgetting things of others are not equal to the lost property, and they are also different from the lost property; The third is the funerary objects of others. Article 270 Whoever illegally occupies another person's property in a relatively large amount and refuses to return it 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. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.
Lawyer Zhao Ayuan
Answered on February 9, 2022
257 browse
What should I do if I find my mobile phone and my phone number is found by the police station?
It may be illegal to find a mobile phone. If it reaches a certain amount, it may constitute embezzlement. 1. Picking up something forgotten by others and refusing to return it is an act of embezzlement. Generally, the amount is more than 3,000 yuan, which is suspected of job embezzlement. The crime of embezzlement is a case of private prosecution, and the public security bureau will not file a case. You can bring a lawsuit directly to the court. 2. According to Article 79, paragraph 2, and Article 92 of the General Principles of the Civil Law, lost property, drifting objects or stray animals shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner. If improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the person who has suffered losses. Therefore, unjust enrichment should bear civil liability. 3. According to the provisions of Article 270 of the Criminal Law, whoever illegally takes other people's property for himself and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine, or if 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. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. What should I do if my mobile phone is found by the police station? Hello, I'm a cooperative lawyer of Baidu. I'm glad to serve you. It may be illegal to find a mobile phone. If it reaches a certain amount, it may constitute embezzlement. 1. Picking up something forgotten by others and refusing to return it is an act of embezzlement. Generally, the amount is more than 3,000 yuan, which is suspected of job embezzlement. The crime of embezzlement is a case of private prosecution, and the public security bureau will not file a case. You can bring a lawsuit directly to the court. 2. According to Article 79, paragraph 2, and Article 92 of the General Principles of the Civil Law, lost property, drifting objects or stray animals shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner. If improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the person who has suffered losses. Therefore, unjust enrichment should bear civil liability. 3. According to the provisions of Article 270 of the Criminal Law, whoever illegally takes other people's property for himself and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine, or if 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. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. What is the notice that the police station gives you now? answer
Yi Yingdong 0gW5302
Answer on 2021-11-09.
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