6,000 yuan for a piece of bacon? Recently, the 6,000 yuan of pocket money and pressure money saved by the son of a woman in Zhejiang was stolen by a 12-year-old boy who did not know him. The boy not only bought game cards and toys, but also invited other children to eat, and finally spent all of them, leaving no money behind. The woman immediately called the police, and the child who stole the money was taught and released.
However, what the woman did not expect was that the father of the 12-year-old boy said that he had divorced the child's mother, and the child could not manage it, no matter what! In the end, the money was not lost, and the father and stepmother sent a piece of cured meat as an apology.
(Source: Star Star Video)
A 12-year-old boy would steal money to invite guests to dinner and buy toys, not his own money, and sure enough, he did not feel pain, but 6,000 yuan is not a small amount!
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in handling Criminal Cases of Theft stipulates that the theft of public and private property worth between 1,000 yuan and 3,000 yuan is a relatively large amount and constitutes the crime of theft.
It can be seen that if an adult steals 6,000 yuan, then it will be suspected of theft. Under the Penal Code, they may face fixed-term imprisonment of up to three years, criminal detention or public surveillance, and a fine or a fine alone.
In this case, the reason why the little boy was not held criminally responsible was that, according to the provisions of the Mainland Criminal Law, a minor under the age of sixteen was not criminally liable for theft, but it was still an illegal act.
Even if Article 21 of the Law on Public Security Administrative Penalties stipulates that a person who has reached the age of 14 but is not given the penalty of administrative detention should be given the penalty of administrative detention, it is not appropriate for the boy's father to take only a piece of bacon as compensation.
According to Article 1188 of the Civil Code, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship duties, their tort liability may be mitigated.
In this case, the child's father, as guardian, had a legal guardianship obligation over the child. The claim that he "can't manage the children and leave them alone" obviously cannot be said to have fulfilled the duty of guardianship.
Therefore, no matter what method is adopted, in the civil liability part, the boy's father and stepmother, as their guardians, are obliged to pay compensation of 6,000 yuan on their behalf, which cannot be exempted.
From the video, the woman has made bacon into a dish and may have forgiven the boy for stealing. Some netizens expressed puzzlement about this, believing that the boy and his father should not be allowed to play rogue, and the boy's information should be exposed so that everyone knows his theft.
Although the anger of netizens is understandable, the rights and interests of minors are specially protected by law. In this case, for example, the theft was committed by a 12-year-old minor, and according to article 39 of the Law on the Protection of Minors, no organization or individual may disclose the personal privacy of minors.
Therefore, exposing the information privacy of the other party on the Internet is not only illegal, but may require civil compensation and administrative responsibility for this, and it is even suspected of committing a crime, which makes people regret it!
Do you think it is appropriate for the boy's father to compensate for a piece of bacon?
Thanks for your attention! I'm @Pro-Yuan
Learn about the law from life and learn the law from the hot spots.
The content of this article is a personal opinion only, and the official conclusions of the events shall prevail.
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