Legal gas station Mudanjiang, Heilongjiang, a woman wearing a mask and carrying a satchel, walked into the supermarket from the main entrance, and then left from the small door, for 5 consecutive days. On the fifth day, the clerk accidentally discovered that more than 20 items had been stolen from the place where the woman passed. The supermarket called the police, the woman was arrested, and the woman said: They give my boyfriend less money, and I will take things, which is right.
Case**: Heilongjiang Provincial High People's Court).
As soon as the last dish was fried and served on the table, her boyfriend Xiao Liu came back, Sun Mengmeng asked him to quickly wash his hands and prepare for dinner, and she went to clean up the kitchen.
But after Sun Mengmeng cleaned up, she didn't see Xiao Liu when she turned around, and no one answered after calling for a long time. When I went to the bathroom to look for it, there was no one, but when I turned around, I saw Xiao Liu lying on the bed in the bedroom.
Sun Mengmeng was concerned about finding Xiao Liu's job was not very hard, but Xiao Liu sighed one after another: "I really don't want to do it, I am tired and tired every month, and I will deduct all kinds of deductions when I start my salary, oh, I deducted more than 200 yuan this month." ”
As he spoke, he took out his mobile phone and showed it to Sun Mengmeng, which was really a lot less than before. This is not the first time this has happened, Sun Mengmeng comforted her boyfriend and said: "The body is the capital of the revolution, wash your hands and eat first." ”
At night, Xiao Liu fell asleep after washing, but Sun Mengmeng looked at her boyfriend's side face and felt distressed, she secretly made a decision.
The next day, while her boyfriend was still sleeping, she got dressed, put on a mask, took a larger satchel and rushed to the supermarket where Xiao Liu worked.
But she didn't ask the store manager to reason, but entered through the main entrance and went out through the small door. For the next few days, it was a routine, until on the fifth day, the supermarket tally clerk found a problem and found the store manager.
Because for several days in a row, when the inventory is counted every night, the income does not match the goods. After Sun Mengmeng left the small door that day, the tally clerk went to the place where Sun Mengmeng had stopped to check, and there was really something missing.
The store manager hurriedly called up the monitoring and found that in the past few days, Sun Mengmeng would always stay in different places, and then left from the small door in a hurry.
The supermarket hurriedly called the police, and after the police called for monitoring, they found the facts of Sun Mengmeng's violations and crimes, and took him away for questioning.
thought that Sun Mengmeng would quibble, but when the police asked her, she generously admitted the fact that she took something from the supermarket and didn't pay.
The police didn't see that she was a habitual thief, and they didn't understand why she suddenly behaved like this, but Sun Mengmeng said:
My boyfriend worked in that shop and they bullied him and gave him less money every time he was paid. They withheld his money, and I took things to pay off my debts, and it was right. ”
In order to vent her anger to her boyfriend, Sun Mengmeng chose the most undesirable method, which is really confused.
So, from a legal point of view, how should this matter be determined?
1. The supermarket deducted money from Xiao Liu because he failed to meet the work requirements, does it meet the requirements?
According to article 50 of the Labour Code, wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
If Xiao Liu works in a supermarket in the form of labor, the supermarket should pay wages on a monthly basis, and must not arbitrarily deduct or default on the wages of the laborers without reason.
However, if Xiao Liu violates the rules at work, or causes economic losses to the employer due to the employee's own reasons, the supermarket has the right to demand economic compensation from him.
According to Article 16 of the Interim Provisions on Payment of Wages, if an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Whether the supermarket is reasonable to deduct Xiao Liu's wages should also provide specific evidence to prove it. If it cannot be proved and Xiao Liu's salary is deducted, Xiao Liu can apply for labor arbitration in accordance with the law.
2. No matter what the reason, Sun Mengmeng should not take others privately and refuse to pay.
According to article 264 of the Criminal Law, whoever steals public or private property, and the amount is relatively large, or who commits multiple thefts, burglaries, thefts with murder weapons, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property.
Sun Mengmeng stole a total of more than 20 kinds of items from the supermarket, all of which were eggs, dried noodles, soybean oil and other daily necessities, but because the amount was not very large, it may not constitute the crime of theft.
3. Although Sun Mengmeng cannot constitute the crime of theft, he should also be punished in accordance with the law.
According to Article 49 of the Law on Public Security Administration Punishments, anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Sun Mengmeng confessed to stealing from the supermarket, although she was retaliating against the supermarket for her boyfriend, but she had violated the law, and finally the court sentenced Sun Mengmeng to two months of detention and a fine of 2,000 yuan.
When encountering unreasonable things, we must adopt reasonable and legal methods to solve them, and the method of countering violence with violence will only hurt others and harm oneself, and the gains outweigh the losses.
As the saying goes: Don't stretch out your hand, you will be caught if you stretch out your hand. Be a person who understands the law and knows the law, and don't ruin your life because of greed.
What do you think about this?