One paragraph coulds there be recently mobile phone of wave aunt picking up, ask for pay to won't do, anger the video internal heat that throws mobile phone of owner of lost property, this kind alarm, had thought up, be not denounced by social place, be about to be familiar with law, distinguish matter right.
First for who is the mobile phone?
Be owner of lost property of course, this matter right is very clear, although aunt picking up arrived, because this mobile phone is owner of lost property or its family member contributive buy and use, matter right won't produce change because of picking up, still put in owner of lost property 's charge all.
Say the mobile phone is lawful in aunt hand again?
What video explains is very clear, him aunt is collected, since not be to carry illegal channel (grab secretly etc) must come, so aunt hold the act of this mobile phone also does not violate.
How to say the mobile phone is handled again finally?
Processing divides kind of case:
1, the aunt puts in strike back machine 's charge actively.
No matter be paid,still be free, as long as both sides is approbated, the category that vest in morality restrains, a kind of any law concern or social eye can not censure. For instance, there are important client data or emotional memory in mobile phone of owner of lost property, be willing to give the price with severalfold mobile phone to seek opportunity of turn around and stretch out one's hand even, as long as bilateral and freewill, we are unimpeachable.
2, the aunt does not put in strike back machine 's charge.
If the aunt is determined to did not put in strike back machine 's charge to be formed " criminal law of People's Republic of China " the 270th the 2nd regulation, make embezzlement crime. Legal provision: "The oblivion other content or bury content is illegal possess oneself of, number is larger, refus does not hand over, 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. " although the aunt gets the way of the mobile phone,not be illegal, but the thing that will not be oneself wants possess oneself of, be illegal.
Of suffering of that compose cost still having a premise is " number is larger " , because level of progress of economy of countrywide each district is differ, the level of put on record that each district proper motion masters is different, differ to 20 thousand yuan from 1000 yuan 5, and standard of this put on record is not the price that the owner of lost property that point to buys a mobile phone at that time, show the mobile phone is in however by embezzlement day becomes new rate and the mobile phone value that market price came out by prices sector account that day according to the mobile phone.
So the issue came, if how standard of put on record of short of of mobile phone value does? Small make up can tell you a way only, be mediated through the policeman or pass forensic suit.
Why the policeman can be mediated only, is this kind apparently inequitable thing is in charge of all the time go down? Because be in lawfully of administration today, police all executing the law behavior must have legal basis.
Normal case, if standard of put on record of short of criminal, should " degradation " according to " management of public security of People's Republic of China sanctions a method " the regulation will undertake condemnatory. But special regrettablly is, whole " public security management sanctions a method " Reagan did not stipulate public security mechanism has influence to punish originally " embezzlement behavior " , do not have in law about " embezzlement behavior " this one punish criterion. So policeman can according to " 4 have 4 to need " principle, be opposite in the spot mechanism of bilateral blame public security administer civil action undertakes intercessory, do not mediate, police besides " urge " outside, the mobile phone that also has grabbed an aunt forcibly without force returns owner of lost property.
If mobile phone value reachs level of put on record, the aunt makes embezzlement crime, how should do? " criminal law " in the 270th regulation to embezzlement blame, among them the 3rd regulation: "A blame, told ability is handled. Told ability is handled..
What meaning is this word? Tell ability the meaning of processing, show the victim accuses to just be handled to relevant function branch namely, do not accuse do not handle, say simply even if " civilian do not tell an official not investigate " , "Tell ability processing " case, point to namely " criminal law " medium private prosecution case. The word outside the problem: " criminal law " in provides private prosecution case, besides embezzlement blame, still have affront, calumniatory case (criminal law sets the 246th times, but the except that endangers social order and national interest badly) , case of freedom of violent interference marriage (criminal law a stupid person of seventeen the first section provision) and mistreat case (criminal law of the 260th the first section provision) .
Everybody knows public security mechanism and procuratorial work mechanism belong to public prosecution mechanism, so where should private prosecution case go " tell " ? " procedural law of criminal of People's Republic of China " the 18th the 3rd section provision: "Private prosecution case, accept put in order continuously by people court. " that is to say, although the mobile phone value of aunt picking up reached level of put on record, public security body produces alarm after also can accomplishing mediation to won't do only, information of identity of the aunt that register, inform proper motion of owner of lost property to be opposite to aunt of people court private prosecution the behavior of embezzlement of its mobile phone.
3, the aunt does not return a mobile phone not only, still threw the mobile phone.
Small make up in most the content advantageous position that begins to be analysed to everybody is used, mobile phone of other of aunt picking up, the matter right of the mobile phone is belonged to advocate did not produce change because of picking up, saying a person word that everybody understands is: The mobile phone still puts in owner of lost property 's charge all, still be the belongings of owner of lost property.
We see not hard also from inside video, the action that the aunt throws a mobile phone is not touched not carefully, fall intentionally toward ground firm however. Knock blackboard, delimit key: No matter the aunt stems from what reason, it is the mobile phone that throws bad others intentionally!
" criminal law of People's Republic of China " the 275th regulation: Destroy state-private property intentionally, amount perhaps has other and serious plot greatly relatively, handle battle of 3 years of the following set term of imprisonments, arrest or fine; Amount is huge perhaps have other and special serious plot, be in 3 years of above 7 years the following set term of imprisonment.
" highest check, the Ministry of Public Security about public security mechanism administer criminal case put on record seeks the regulation that appeals to a standard (one) " thirtieth sets 3 times: Cause state-private property loss of 5000 yuan of above, put on record chases after Yingyu appeal to.
If be thrown mobile phone value under 5000 yuan, basis " management of public security of People's Republic of China sanctions a method " the 49th regulation: Mar state-private property intentionally, 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.
Good, according to law the regulation comes is.
Small make up said so much, do not know brother to look understood, encounter this to plant later alarm affection can be handled.
After this incident ferments, 6 elder brother discovered a problem: In all video and literal report, besides so called lawyer wrote an article interrogatory on the title police why " try to mediate differences at the sacrifice of principle " beyond, did not discover any normal media, the report says the policeman goes out alarm adopted let a victim go of the court " try to mediate differences at the sacrifice of principle " practice.
(two graphs are above the content of this lawyer article, when just also saying owner of lost property is preparing to call the police, the aunt threw a mobile phone, write doing not have a police is how to go out alarm, it is how to reply of owner of lost property, it is the rare mud that how mixes. )
(go up the report that the graph is normal media not to take a mood to this incident, just also say owner of lost property dials a phone to call the police, but of the newspaper is " somebody steals a mobile phone " , this kind calls the police the judgement of policeman of can immediate impact to incident. Call the police for instance say the other side steals a mobile phone, but be informed in telephone knowledge actual collect, the policeman is already right call the police the person produced doubt and allergy, can catch up with instantly even a word: "It is why the mobile phone that collect calls the police obviously say to be stolen, collect do not go to you the court engages in a lawsuit want. " misunderstand at this point and unripe. )
Small those who although not be Ning Bo,make up, but had seen in official channel local police takes this height seriously, no matter be,believing this thing still is right to owner of lost property the masses can have to explain, of course the policeman is in receive after calling the police, be in " try to mediate differences at the sacrifice of principle " also can check the whole thing comes to light.
If owner of lost property is done not have,truth was not spoken after call the police or calling the police, did not go police station is made report a case to the security authorities note, also ask this owner of lost property to go in time public security mechanism reports a case to the security authorities, note without yours, we cannot begin any works, and this " try to mediate differences at the sacrifice of principle " the cap also can buckle the head in basic level police to go up all the time.
Can produce the job of a lot of inequity everyday socially, but 6 elder brother also tell everybody with what his personal experience bears the blame, inequitable matter cannot say disappeared, but already less and less, probably basic level police can cause misunderstanding to everybody because of such and such error, but also absolutely unlike is certain cankered person is incendiary in that way without a single redeeming feature.
Recently always is not quite smooth, ourselves has the clumsy of some of person, also have more outside of certain person bad. Basic level brother, learn law more, take testimony more, conscience works, conduct well!
PS: 1, small the problem that poses me to mention content to counterpoise, had experienced because of me namely alarm affection, a children smashed other children to occupy the glass of the room that living old person leaves by force with the brick, because both sides has succession to the building, this case reports at that time when legal branch, belong to the problem of authority because of building place, did not punish according to adjudication of intended attaint property.
What counterpoise to having the thing of dispute or belong to unidentified matter right, public security body produces alarm do not want do sth without authorization to decide content counterpoises, maintain however piece alarm the current situation when, the both sides that register or with all possible means identity information informs party to counterpoise to this content to people court undertake affirming a court decision, the illegal behavior consequence that warns them to always do not listen to dissuade and happen is conceited.
