Recently, there was a mobile phone in Zhejiang that did not give money and did not return it, ** intervened and said that this is a moral issue, I am shocked by this statement, I must explain this problem.
First of all, it is a very simple legal relationship. For example, before I lost my phone, the ownership was mine, there is no doubt about it, but what about after I lost it?Of course it's mine, and it doesn't even have to be explained from a legal point of view, it's common sense.
Since it's mine, you should give it back to me, the law protects my ownership, and the person who picks up the phone can claim the necessary expenses incurred to keep the phone, that is, the storage fee.
What if he doesn't give?Some friends said that this is called unjust enrichment, yes, this process does involve unjust enrichment, but he has a point, after he picked up the mobile phone, he made it clear that he would not return the period before me, it is indeed a problem of unjust enrichment.
However, after this it is not so simple, there is a crime of embezzlement in the criminal law, let's not forget, the refusal to hand over the forgotten object can constitute this crime (the amount is more than 5000 yuan), of course, the public information does not disclose the ** of the mobile phone, but this is at least a certain possibility of being suspected of a criminal offense is by no means a simple sentence of moral issues can be pushed out.
Another point is that the crime of embezzlement is a private prosecution crime, that is, the parties must take the initiative to initiate it, otherwise the relevant authorities generally do not take the initiative to intervene in the name of this crime, so if you encounter similar situations, you must take the initiative to raise the claim of the crime of embezzlement.
So what if he didn't keep it himself and threw it into the water?It's easy to do, there is also a crime of intentional destruction of property in the criminal law, and the standard for filing a case is more than 5,000 yuan, and the tort liability in the civil law must be compensated in full, which means that he not only has to go to prison but also has to pay money.
The last point to say is that maybe in practice, according to what we said above, we may not be able to get support if we put forward our demands to ** and other authorities, but I want to say that if we mention it, it is possible to get support, and whether we mention it or not is our business, and what we do after mentioning it is their business, as long as we have a basis for legal compliance. It's like that, we have to learn to put pressure on each other.
The above is my opinion on whether to pick up a similar situation, welcome your opinions, and friends passing by pay attention not to get lost