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According to media coverage, on June 19, in Zhejiang peaceful wave, xiaoxu lost an apple 7 mobile phones, the mobile phone collects on connection some is middleaged after the woman, mouth of the other side asks for 2000 yuan to reward cost. After both sides meets, to express gratitude, xiaoxu served one basket Yang Mei, but say to reward to 500 yuan at most cost, the other side a decline, but under Xiaoxu calls the police. See Xiaoxu calls the police, middleaged woman is furious under, throw the mobile phone to go up forcibly, mobile phone screen is fallen to break. This one incident caused netizen heat to discuss, middleaged woman suffers condemnation of public opinion morality fully.
Not come singly but in pairs. This year January, one " the half moon that lose a dog looks for a body love a dog, all alone of the person that collect a dog does not propose a toast throw dead puppy " incident, also caused netizen attention. Similar incident happens from time to tome, about problem of not pocket the money one picks up and the morality that all alone that pick up content proposes a toast, law, discuss ceaseless development. Pick up so that should lost property of involuntary discharge of urine return? So that whether can the person ask for monetary reward to pick up? Destroy place intentionally to pick up article law how should evaluate? The reporter combed relevant law at this point.
"Pick up so that lose content, ought to return return obligee. " matter right law is made clear the 109th times make such provision, that is to say when owner of lost property asks to remand, pick up so that the person has remand compulsory. In Xiaoxu the requirement remands when the mobile phone, what middleaged woman should do above all is to put in strike back machine 's charge, is not to ask for reward cost. Owner of lost property asks to remand, the person that pick up however refus does not remand, belong to undeserved benefit, can ask to return through civil suit still. In remand in the process, if Xiaoxu is willing, can reward certainly to middleaged woman cost; If Xiaoxu is not willing, middleaged woman cannot be asked for forcibly. Matter right law also did not set pick up so that the person has obtain reward golden right. But, if offer a reward of owner of lost property searchs those who lose content, should give by underwrite pay when recapture losing content pick up person.
Undeniable, certain expenses also may arise in the process that picks up so that the person loses content in custodial, remand. For this, matter right law sets the 112nd times, when obligee gets lost property of involuntary discharge of urine, ought to the necessary fee that Xiang Shi pays custodial involuntary discharge of urine so that the person perhaps concerns a section the defray such as lost property. That is to say, if returned a mobile phone to delayed the job of middleaged woman to perhaps pay to return,multiply car charge to wait, middleaged woman has authority to ask for charge of this one share to Xiaoxu. But in light of the news that reports from the video that makes public at present and media, 500 yuan condition offers in Xiaoxu, middleaged woman still asks for 2000 yuan to reward cost, exceeded apparently " necessary " category.
Many people think, the behavior of middleaged woman may be suspected of embezzlement blame, blackmail blame and destroy property blame intentionally. So, pick up so that refus of lost property of involuntary discharge of urine does not remand, ask for monetary reward not if really and destroy lost property of involuntary discharge of urine, consequence of what kind of law can you have?
Pick up so that refus of lost property of involuntary discharge of urine does not remand be suspected of embezzlement, whether form guilt should see number. Criminal law sets the 270th times, the other property that will keep for you is illegal possess oneself of, number is larger, refus does not return, handle battle of 2 years of the following set term of imprisonments, arrest or fine; Amount is huge perhaps have other and serious plot, be in 2 years of above 5 years the following set term of imprisonment, punish gold. According to Zhejiang province put on record of conduction embezzlement case seeks the regulation that appeals to a standard, embezzlement amount 20 thousand yuan of above are malcontent 100 thousand yuan, belong to embezzlement blame " number is larger " form guilt standard. Xiaoxu's mobile phone is an apple 7, value should under 20 thousand yuan, that is to say the behavior of middleaged woman still does not make embezzlement crime. Additional, of embezzlement blame hold water to be premise with travel humanness detinue, the telephone call that receives Xiaoxu from middleaged woman, ask for a series of behavior such as monetary reward to look, its are subjective the purpose that go up and does not have detinue mobile phone, just want to all alone otherwise rewards reasonably cost.
"Blackmail is state-private property, number is larger or for many times of blackmail, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment... " criminal law undertook the 274th times formulary to blackmail blame. To this blame, unite a standard besides the country, each district still can develop a circumstance to determine number level according to economy. Ask for 2000 yuan to reward cost arrives from middleaged woman say " I would rather fall bad, also won't give you " , arrive to throw the mobile phone to go up forcibly again, see its are subjective not hard on those who have blackmail is intended, objective on the behavior that existence blackmails, but according to Zhejiang province put on record of conduction blackmail case is chased after accuse the standard sets, state-private money prices is worth blackmail 4000 yuan of above are malcontent 80 thousand yuan attribute number bigger, that is to say middleaged woman asks for 2000 yuan behavior to return standard of short of put on record, do not make blackmail crime. But according to " two tall " about handling blackmail criminal case the explanation of a certain number of problems sets applicable law, state-private property value reachs blackmail 2000 yuan 5000 yuan of above ought to be maintained to be what criminal law sets the 274th times " number is larger " . I.e. , if this matter happens in economy to owe,develop area, the action of behavior person is suspected of blackmail blame possibly.
In addition, ask for monetary reward not if really and destroy lost property of involuntary discharge of urine intentionally this one behavior, the likelihood is suspected of destroying property blame intentionally. Criminal law has number the 275th times likewise to destroying property blame intentionally bigger, amount is huge perhaps have other and special the regulation of serious clue, unite a standard besides the country, zhejiang province deals with blackmail case put on record to chase after accuse the standard sets, dissatisfaction of 5000 yuan of above attributes number 50 thousand yuan bigger. This apple of Xiaoxu 7 mobile phones after all value geometry, still need machine of professional branch while you're at it to have level of real value, damage to have identification, if actual loss exceeds 5000 yuan, middleaged woman is suspected of destroying property blame intentionally, the likelihood that awaits her is criminal punishment. The actual loss of even if small Xu did not achieve 5000 yuan, amount is lesser, middleaged woman faces public security punishment possibly also. According to public security management condemnatory law sets the 26th times, take by force extortionary perhaps mar state-private property arbitrarily, be in 5 days of above 10 days to be detained below, can be in 500 yuan of the following amerce; The clue is heavier, be in 10 days of above 15 days to be detained below, can be in 1000 yuan of the following amerce. (original title: All alone proposes a toast 2000 yuan not fruit anger falls collect come the mobile phone causes the heat on the net to discuss about picking up content the law of behavior of all alone fulfil examines minutely)
