Will the hotel waiter take away the belongings left by the guests?

The facts of a legal case

When cleaning the hotel room, the hotel waiter Li found the Apple mobile phone left by the guest Zhang, and he became greedy and was later discovered.

The hotel room is a closed place, and outsiders can't enter it at will. The hotel has the right to temporarily occupy and keep the items in this space. Therefore, the mobile phone left by the guest in the hotel room is in a relatively closed and exclusive space during this period, and the victim's possession of the mobile phone is transformed into temporary custody and possession of the hotel.

No matter whether Li is handed over to the unit after he finds it, it should be recognized as the property kept by the hotel. Li found and occupied the lost property in the process of cleaning the hotel, which is based on the hotel workflow. Knowing that valuables are taken for themselves and taking advantage of their position, it constitutes the crime of occupational embezzlement.

Extended data:

criminal law

Article 271 Any employee of a company, enterprise or other unit who takes advantage of his position to illegally take the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

References:

Fuzhou court network-criminal cases