Does not returning a lost mobile phone found by a tourist in Dapeng, Shenzhen, constitute the crime of embezzlement?

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On October 2, 2026, tourist Miss Huang accidentally lost her phone while playing by the seaside in Nan'ao Xichong, Dapeng New District, Shenzhen. After receiving the report, the police officers of Nan'ao Police Station calmed down the owner's emotions while conducting investigations and visits along the way. Eventually, they contacted the person who found the phone and the phone was successfully returned to its original owner. Miss Huang wrote a thank-you letter afterwards, praising the police officers for "fulfilling their duties and providing warm services".

This news may seem like warm news, but as a lawyer, what I see is another level: what would happen if the finder refused to return it? Can the owner report to the police and request a case to be filed? ”Is' picking up something and not returning it 'a moral or legal issue? In practice, disputes arising from the return of lost property are far more numerous than imagined, involving the intersection of the property rights section of the Civil Code and the crime of embezzlement in the Criminal Law. This article combines this incident to clarify the legal boundaries of finding lost property.

1、 If you find a phone and don't return it, first read what the Civil Code says

Article 314 of the Civil Code clearly stipulates that if lost property is found, it shall be returned to the rightful owner. The finder shall promptly notify the right holder to collect it or submit it to relevant departments such as public security. This means that taking someone else's lost property and refusing to return it first constitutes unjust enrichment and infringement in civil law.

Article 316 of the same law stipulates that before the finder delivers the lost property to the relevant department, the relevant department shall properly keep the lost property before it is collected. If the lost property is damaged or lost due to intentional or gross negligence, civil liability shall be borne. In other words, the finder not only has the obligation to return, but also has the obligation to properly store during the storage period. If the finder resells, flushes, or discards the phone, resulting in the inability to return it, the owner can claim damages.

It should be noted that the finder has no right to demand a "thank-you fee" from the owner as a condition for return. Article 317 of the Civil Code only stipulates that when the right holder collects lost property, they shall pay the necessary expenses for the safekeeping of the lost property to the finder or relevant departments. Necessary expenses refer to the actual storage and transportation costs incurred, rather than the remuneration set by the finder themselves. In practice, some people ask hundreds or even thousands of yuan for "hard work fees" after finding a mobile phone, otherwise they will not repay it - this behavior has exceeded the legal scope and may be recognized as having the purpose of illegal possession.

2、 Under what circumstances does a civil dispute escalate into a criminal offense

Many people think that 'picking up things but not returning them' is at most a civil dispute, but it is not. Article 270 of the Criminal Law stipulates the crime of embezzlement: Whoever illegally occupies the property of another person who is entrusted with custody and refuses to return it, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, detention or a fine; If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Those who illegally take possession of someone else's forgotten or buried property, with a large amount, and refuse to hand it over, shall be punished in accordance with the provisions of the preceding paragraph.

The key point here is the 'forgotten object'. Mobile phones left on the beach, in restaurants, or in the back seat of taxis are typical forgotten items. If the finder knows who the owner is and clearly demands a return, but still refuses to hand over the phone, and the value of the phone reaches the standard of "large amount", it may constitute the crime of embezzlement.

But the crime of embezzlement has a special feature: it belongs to a private prosecution case, not a public prosecution case. That is to say, public security organs usually do not initiate investigations for the crime of embezzlement, and the owner needs to file a criminal prosecution with the people's court on their own. This explains why in reality, many property owners can only assist in mediation and contacting the finder after reporting to the police, and cannot directly take compulsory measures against the finder. In this case, the police were able to contact the person who picked up the machine and facilitate its return, which is already the most effective assistance that can be provided within the legal framework.

In practice, the criteria for determining whether the amount has reached a "large amount" vary in different regions. Taking Shenzhen as an example, in judicial practice, the amount standard for theft is usually referred to, and mobile phones with a value exceeding 3000 yuan may be considered. If it is the latest high-end mobile phone with a value of tens of thousands, the risk of the finder refusing to return it is even higher.

3、 Defending the rights of the owner, the lawyer suggests this approach

After losing their mobile phone, many people's first reaction is to make phone calls or send text messages. If the other party does not answer or shuts down, they are helpless. From the perspective of legal practice, it is recommended to follow the following steps to fix evidence and promote rights protection:

Firstly, report to the police immediately and obtain a receipt of the report. The alarm record is an important evidence for the subsequent proof of the "right holder's claim for return". In this case, after Miss Huang reported the incident to the police, they intervened and initiated this procedure.

Secondly, utilize the mobile phone's built-in positioning and loss mode functions. Apple's "Find" and Android's "Find Device" can remotely lock and display contact information, and some models can also record the last location. These screenshots need to be saved well.

Thirdly, if the finder actively contacts and requests compensation, be sure to keep chat records and call recordings. If the other party uses the threat of "no money, no repayment" and the amount clearly exceeds the necessary expenses, it may be suspected of extortion. This is no longer a private prosecution case, but a public prosecution case that can be requested to be filed by the public security organs.

Fourthly, if the negotiation fails, a lawsuit for returning the original property or a private prosecution for the crime of embezzlement can be filed with the people's court. When filing a lawsuit, it is necessary to provide proof of the purchase of the mobile phone, alarm records, communication records with the finder, etc., to prove the value of the mobile phone and the fact that the other party refuses to return it.

4、 Compliance reminders for tourists and businesses

The Xiyong and Jiaochangwei scenic spots in Dapeng New District receive a large number of tourists every year, and the demand for lost items is particularly concentrated during holidays. For tourists, the seaside, beaches, homestays, and ride hailing services are high-risk scenarios for mobile phone loss. It is recommended to enable location functions, set up lock screen contact information, and carry valuable items with you.

For scenic area merchants and homestay operators, if guests lose their belongings in the business premises, the merchants have the obligation to properly keep and assist in returning them. According to Article 316 of the Civil Code, relevant departments should properly keep lost property before it is collected. As the party in actual control of the place, the merchant cannot dispose of the customer's belongings at will. In practice, there have been cases where businesses sold items left behind by customers and were ultimately held liable for compensation.

Guangdong Zhiming Law Firm has accumulated rich practical experience in such property disputes and criminal private prosecution cases. Whether it's negotiating the return of lost property, filing a private prosecution for embezzlement, or ensuring compliance with lost property management by businesses, lawyers can provide full process support from evidence fixation to litigation representation. The Tibetan blue protection of Shanhai Dapeng gives people peace of mind, and the law is the underlying guarantee of this peace of mind.