#Jiaozuo headlines ##法律 #
On July 7, 2021, Mr. Huang, a citizen of Jiaozuo, called the police to the police that his electric vehicle (black, unpluged key) parked under the overpass at the south entrance of the Beiyuan Community on Jiefang Road was lost at about 7 p.m. that night. After receiving the report, the public security organs quickly launched an investigation, and Lao Feng, who had many criminal records, was included in the field of vision.
Lao Feng, born in 1974 in Zhongzhan District, Jiaozuo City, Henan Province, was dealt with twice for theft and robbery, and was sentenced to two years and six months and eleven years in prison, respectively. After being captured, Lao Feng confessed to the facts of his crime.
Lao Feng confessed that on July 7, in addition to stealing these two electric vehicles at the South Gate Overpass of yuanda Beiyuan Community on Jiefang Road, Shanyang District, Jiaozuo City, he also stole a 0PP0A93 mobile phone that the victim had placed in the storage pocket of an electric vehicle in front of his home in Guo Wangwu Village, Jiangzhuang Township, Yuanyang County, Henan Province. After appraisal, the stolen electric vehicle was worth RMB 2,622 and the stolen mobile phone was worth RMB1,240.
The public security organs also found that on the afternoon of July 5, 2021, Lao Feng was on the way to Yuanyang County in Jiaozuo City, when riding a human-powered tricycle, he picked up a bank card of the rural credit union on the tricycle, and hid the card, and when he arrived home, he found that the bank card had a blue ballpoint pen written on the back, presumably the bank password of the card, so he went to the rural credit union cash machine to try it, and if it was really a bank password, he took out all 800 yuan in the card and discarded the bank card.
After trial, the court held that Lao Feng secretly stole other people's property, a total of 4662 yuan, a relatively large amount, constituting the crime of theft. Old Feng is a repeat offender and should be given a heavier punishment. Lao Feng was sentenced to seven months' imprisonment and fined 4,000 yuan in accordance with the law.
Small editor popularizes the law
The crime of theft is the act of secretly stealing the property of others for the purpose of illegal possession. Although the act of collecting cards is not improper, because it is a card that has not yet completely escaped the control of the owner, in other words, it is a card that is still in the possession of the owner, but it is taken out of the control of the owner without the knowledge of the owner and the money in it is appropriate, and its behavior has conformed to the characteristics of secretly stealing other people's property for the purpose of illegal possession. On this basis, they should be held criminally responsible for theft.
Generally speaking, it is not illegal to pick up "forgotten objects" or "lost objects", but the person who found them has the obligation to keep them properly and the owner of the property has the obligation to return them in a timely manner when they claim to return them. The owner of the property will need to bear the reasonable expenses incurred by the scavenger for safekeeping. If the owner of the property demands and does not return it, the owner may claim unjust enrichment and claim return. If the return is refused, the crime of misappropriation may be established if the amount is large. In other words, if you pick up money, you are obligated to return it. But if no one knows, if the owner doesn't ask you, and no one reports it, the most you use is morally condemnable.
The above is about cash, but in this case, Lao Feng picked up not cash but bank cards, which is a bit different, if it is just not returning the bank card, it does not constitute a crime, but he used the credit card to secretly steal the deposit in the bank card without the victim's knowledge, which constitutes the crime of theft.
Xiaobian also reminds everyone here that the password setting of the bank card should not be too simple, and do not write the password on the bank card, so as not to cause unnecessary losses to their property.