Elderly person picks up student's phone, demands 2000 yuan; the full video is even more disgusting!

On July 23, an elderly man in Guiyang found a middle school girl's phone and demanded 2,000 yuan as a reward. The girl had no choice but to call the police. When the police arrived, the old man changed his story, saying the girl should buy him a pack of good cigarettes. The girl offered to give him all the 30 yuan she had, but the old man said it wasn't enough for a pack of good cigarettes. Facing the police's criticism, the old man publicly scolded the girl, saying, "This is the youth of today!"

After more than half an hour of mediation and persuasion by the police, the old man finally returned the phone.
 

As expected, many netizens in the comments condemned the old man.

A lawyer from Guangdong Zhiming Law Firm stated that the old man's actions in this incident involved the crimes of embezzlement and extortion.

Embezzlement refers to the act of illegally taking possession of property entrusted to one's care, lost property, or buried property with the intent of unlawful possession, when the amount is substantial and the property is refused to be returned.

　　 According to Article 270 of the Criminal Law, illegally taking possession of property entrusted to one's care, when the amount is substantial and the property is refused to be returned, is punishable by up to two years in prison, criminal detention, or a fine; if the amount is huge or there are other serious circumstances, the punishment is two to five years in prison and a fine. Illegally taking possession of lost or buried property, when the amount is substantial and the property is refused to be returned, is punished according to the preceding paragraph.

The crime of embezzlement is a private prosecution case, and it is the only absolute complaint-only crime among all private prosecution cases in criminal law. Therefore, under no circumstances does the public security authority have jurisdiction over it, and the party concerned may directly file a lawsuit with the court.

The Supreme People's Court and the Supreme People's Procuratorate stipulate that the filing standard for the crime of embezzlement is 5,000 to 10,000 yuan.

If the amount of the item does not reach the "relatively large amount" in criminal law, it may constitute unjust enrichment under civil law, and the person who obtained the unjust enrichment must bear civil liability.

　　 According to Article 79, Paragraph 2, and Article 92 of the General Principles of Civil Law, lost property, drifting objects, or stray domesticated animals found should be returned to the owner, and the expenses incurred thereby shall be reimbursed by the owner. If someone obtains improper benefits without legal basis and causes losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.

The crime of extortion refers to the act of using threats or coercion against the victim to forcibly demand public or private property with the intent of illegal possession.

It should be noted thatThe crime of extortionalso hasa standard for the amount of conviction, requiring the amount to be relatively large. In judicial interpretation, a relatively large amount is1,000 to 2,000 yuan。

The elderly man forcibly demanded a 2,000 yuan reward, otherwise he refused to return the phone. Therefore, the elderly man is suspected of extortion.

　　However, many netizens defended the elderly, arguing that demanding a "reward" is reasonable.

The author believes that a finder of lost property can request reasonable compensation, such as storage or transportation costs incurred from preserving and returning the item, but this depends on whether both parties voluntarily reach an agreement—that is, whether the owner willingly pays the compensation. If the owner explicitly refuses and the finder uses the item's value or derived value as leverage to forcibly demand money, this constitutes extortion.

Dear readers, what do you think?