Legal analysis

The crime of embezzlement refers to the illegal and criminal act of taking property, forgetting things and buried objects kept by others for the purpose of illegal possession. The subject of this crime is the general subject, and any natural person with criminal responsibility at the age of 16 can constitute this crime. Subjectively, this crime must be intentional, that is, knowing that it belongs to the property, forgetting things or buried objects entrusted to you by others, it is still illegal to take it for yourself. The object of crime is limited to three kinds of property: one is the property of others; Second, the forgetting things and forgetting things of others are not equal to the lost property, and they are also different from the lost property; The third is the funerary objects of others. The object of infringement is the ownership of other people's property. The object of this crime is the property, forgetting things and buried objects entrusted by others. Objectively speaking, it is an act of illegally possessing property, forgetting the things or buried objects entrusted by others, and refusing to return them in large amounts. The subject of crime is the general subject. Subjectively, it is direct and intentional, with the purpose of illegally occupying other people's property. The object of this crime is the property, forgetting things and buried objects entrusted by others. The so-called property of others that you give to yourself for safekeeping refers to the property that you collect and manage for others through the entrustment of others or in accordance with the agreement or relevant regulations. The so-called forgetting others' things refers to the property that should have been taken away because of one's own intention, such as leaving things on the counter, playing in others' homes, leaving things in the car by taxi, etc. It should be pointed out that forgetting things is not equal to lost property.

legal ground

Article 270 of the Criminal Law of People's Republic of China (PRC), whoever illegally occupies other people's property for his custody and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.