If you find property, you can't step on the red line of the law.
Suppose one day you find it on a park benchA wallet full of cashand you will choose to take itKeep it for yourself, or will chooseFind the owner
The answer to this question may be simple, but it involvesThe legal consequences may not be simple at all, there will be one in the near futureSentenced to a fine of 450,000 cases.
Recently, a dispute arising from the random discarding of other people's valuable necklaces after finding them was concluded in the Minhang District People's Court in Shanghai.
Defendant Lin and his girlfriend found the lost necklace when they were passing by and immediately picked it up. The plaintiff Jia sued the court after checking the surveillance, requesting the defendant Lin and his girlfriend to return his necklace (worth 140,000), but Lin and his girlfriendArgues that he felt that the necklace had no value, so he had abandoned it.
In the end, the court ordered the defendant to compensate the plaintiff for damages of 450,000 yuan.
According toArticle 314 of the Civil Code
Lost propertyIt shall be returned to the right holder。The finder shall promptly notify the right holder to collect it, orSend it to the public security and other relevant departments.
According toArticle 316 of the Civil Code
Before the finder delivers the lost property to the relevant department, the relevant department before the lost property is collectedLost property should be properly cared for. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne.
According toArticle 985 of the Civil Code
There is no legal basis for the profiteersWhere improper benefits are obtained, the person who suffers losses may request that the gainer return the benefits obtained.
In criminal law, if the person finds the property of another person in custodyUnlawful possession of a large amount of money and refusal to return it may constitute the crime of misappropriation.
In this case, Lin's conductThe above provisions were violated and therefore awarded compensationIf there is evidence to prove that they have taken possession, they may also be sentenced to the crime of embezzlement.
After finding a lost item, the person who finds it comes firstAn attempt should be made to locate the owner through the markings, **, or other clues on the item。If these efforts fail to succeed, pick up peopleThe items should be handed over to the public security organs, they are responsible for the follow-up search and return work. In the process, pick up peopleIntegrity should be maintained and no possession or disposal of lost property should be allowed without permission
According toArticle 315 of the Civil Code
The relevant authorities received the lost propertywhere the right holder is known, it shall promptly notify them to collect it; and where they do not know, they shall promptly issue a notice of solicitation.
According toArticle 318 of the Civil Code
Where lost property is not claimed within one year from the date of the announcement of the claim, it shall be owned by the state.
The purpose of these provisions is to protect the rights and interests of the lost owners while ensuring that resources are not wasted.
According toArticle 317 of the Civil Code
The finder has the right to claim from the owner for reasonable expenses incurred in the process of keeping the lost property, such as storage fees, transportation expenses, etc.
However, this fee is requestedIt must be based on the necessary expenses actually incurred and must not exceed a reasonable rangeFor example, if the valuables are left in the taxi, the cost incurred when the driver makes a special trip back is a reasonable expense. The gleaner cannot use this as an excuse to demand exorbitant remunerationFailure to do so may constitute unjust enrichment and undermine the moral principle of collecting money.
Collecting gold is not only a traditional virtue of the Chinese nation, but also an obligation entrusted by law to every citizen. In the face of lost property, it should be handled properly in accordance with the law to avoid breaking the law. At the same time, it also advocates the public to establish the moral concept of honesty and trustworthiness, and jointly maintain a fair and harmonious social environment.
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