According to the provisions of Article 270 of the Criminal Law of People's Republic of China (PRC), the crime of embezzlement refers to the act of illegally taking other people's property, forgetting things or buried objects for safekeeping for the purpose of illegal possession, and refusing to return them in a large amount. The subject of this crime is the general subject,
Any natural person who has reached the age of 16 and has the ability of criminal responsibility 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.
Extended data:
Illegal cases of picking up things in taxis and not handing them in;
Recently, the Qilihe District People's Court made a judgment on a case in which a passenger illegally possessed property after picking it up in a taxi. For committing theft, the female defendant Guan Moumou was sentenced to 8 months in prison, suspended for one year and fined 2000 yuan. This case is the first case in Lanzhou and the first case in Gansu Province that was sentenced for illegally possessing other people's property found in a taxi.
During the National Day of 20 17, citizen Sun Mou took a taxi at the Cultural Palace in Qilihe District. When he got off at the destination, he accidentally left one or more mobile phones and handbags with cash 1 1800 yuan and OPPOR9M (worth 2,000 yuan) in the taxi.
Then Guan got on the bus at Jianlan North Road in Qilihe District. After getting on the bus, he found the handbag in the back seat and he became greedy. Less than a minute after getting on the bus, he suddenly insisted on getting off. After knowing his behavior, Guan Moumou's husband, Yang, persuaded him many times, but Guan Moumou still insisted on taking his handbag home and hiding it, refusing to answer the owner's phone.
Later, the police who handled the case through the Traffic Security Branch of Lanzhou Public Security Bureau obtained relevant video materials. They first locked Sun's taxi, and then retrieved the video information in the car to determine that the suspect Guan Moumou was located in a residential area in Yanjiaping. At about 23 o'clock that day, the suspect Guan Moumou was arrested at home.
In an interview with reporters, Guan Moumou said that when he saw more cash, he became greedy and took the handbag for himself with a kind of luck. Unexpectedly, less than three hours later, the money left at home was not hot, so he was arrested by the police who came to the door and was finally sentenced.
China Gansu Net-the first case in Gansu! Passengers were sentenced for refusing to return the items found in the taxi.