Taxi pick up the phone, do not return or suspected theft-theft-IT information

Zhao and Li are villagers, two men working in Hangzhou, a salesman, a Mason, and two of them have a common hobby-playing mahjong. On December 27 last year at 3 o'clock in the morning, two people playing mahjong, taxi to find accommodation. Cho sat in the copilot's seat, Lee sat in the rear seat. Before long, Lee in the back seat "pick up" to an Apple phone ... ...

They take 5000 from the cell phone app wallet share, now Hangzhou xihu district Procuratorate for alleged "theft" charges against two people. Interesting about the case is that even if they don't have to take out money alone in the cab "pick up" a cell phone may also be suspected of theft.

Pick apples until there are no screen lock

When Lee found a cell phone in the back seat, he immediately used language vaguely tell the front of Jiangxi province Zhao, Zhao at first or not. Lee carried into the Pocket, got off in pairs, eight new Apple.

After the hotel stay, Lee found that phone lock screen, app is logged, see micro purse money. Two people look at each other eye, mind. Zhao proposed to transfer some money. Lee a said no paid password is turned can't of, Zhao a took had phone, found the phone album in the has a Zhang identity photos and a Zhang bank card of photos, Zhao a on try with will paid password modified, and success has, he try with micro-letter turned has money, also success has, also found micro-letter also tied with a Zhang bank card, two people agreed turned a 5000 Yuan, two people split. And the two of them will be the mobile wallet and binding bank cards for transit out of 5166, Cho Lee transferred to 2500 Yuan. Then cell phones owned by Lee.

A few days later, phone locked, Li could not bear to throw away, trying to crack has been used.

At the same time they are transferred money, master Wang's wife received SMS, two people call the police. Police followed the phone clues to follow. January 28, Cho was caught in the Internet, and Li on January 29 after being summoned by police to case, two of the "pick up" phone, and transfer money pleaded guilty.

Just "pick up" the phone, they also constitute theft

Yesterday, Zhao, Lee, two were arrested for theft, xihu District Attorney prosecuted according to law. There is no doubt that two people must have alleged theft of more than 5,000 yuan. But prosecutors said that even if there is no money, only in the taxi "pick up" a mobile phone, may also be suspected of theft.

This is why.

Hosting the Prosecutor in the case said, according to the law, constitutes theft condition, one is for the purpose of illegal possession, second, covert means of theft of public or private property.

In this case, Lee found a cell phone on the taxi, subjectively know that cell phones are remnants of other passenger's property; objectively speaking, when the victim's mobile phone in the taxi, regardless of whether the taxi driver informed, in taxi the relatively closed, confined space, the mobile phone is actually transferred to the taxi driver has. Lee, while taxi drivers unprepared, quietly cell phones as their own behavior, both the purpose of illegal possession and the secret stolen characteristics and, therefore, constitute theft.

These supplements have been convicted of theft the way precedent

In the car, on the road often pick up belongings, did rise to a criminal level?

Prosecutors said that the key property is out of control.

Mr Wang's cell phone in the car, transfer control to the driver and driver based on de facto management of temporary custody rights. In simple terms, belongings left behind in the expert management of the fixed space, such as KTV rooms of the hotel, rental car, is not out of control.

Falling into the way how to judge, prosecutors said, also had a similar case before. Tourists in a Museum of squatting down to play with a child, and Pocket phones slipped to, and security through, while visitors are not looking, pick up the phone quickly.

Mobile phone value was later identified as more than 3000 Yuan (meet the standards constitutes theft of Zhejiang Province), although after security has been justified is "picking up" mobile phone, but the Court ultimately to larceny, sentenced to criminal detention for five months and fined 1000 Yuan.

Judge's interpretation of the law is: the phone may fall to the ground, but it was the controllable range of victims, is not out of control. Victims as soon as you got up, you will see the cell phone, or the phone is not in the Pocket. Seizure of others caused the phone held by the victim into a criminal suspect has, in line with the secret theft features.

Pinghu Court had also sentenced in a similar case.

A passenger took a taxi, first sit on the passenger seat, and wrap to the back seat, reaches its destination, when passengers pay the fare, he found himself always carrying bag is gone, will find on the back seat, was not found, thought out in other places, and called his friends to come over to pay the fare. At this point, the driver Wu found that the co-pilot seat pad has a bag, guise to get off easy, hide the bags near a small alley, friends paid the fare of passengers left, returned to lane take the bag, found in the package a foreign currency, the Renminbi, supermarket gift card number, for a total worth of more than 60,000 yuan, squandered. After drivers convicted of larceny, sentenced to three years and ten months, and a fine of 10000 Yuan.

出租车上捡手机，不归还或涉嫌盗窃 - 盗窃 - IT资讯

赵某和李某是老乡，两人同在杭州打工，一个做销售业务员，一个是泥工，两人有个共同的爱好—打麻将。去年12月27日凌晨3点，两人打完麻将，打出租车找住处。赵某坐在副驾驶的位置上，李某坐在后排车座上。没多久，李某在后排座位上“捡”到了一只苹果手机……

之后他们从手机微信钱包里取了5000元平分，现在杭州西湖区检察院以涉嫌“盗窃罪”对两人提起公诉。这个案子有意思的地方是，即便他们没有取钱，单单在出租车里“捡”个手机也有可能涉嫌盗窃。

捡到没有锁屏的苹果

当李某在后排座位上发现一只手机时，他立即用江西家乡话隐晦地告诉前排赵某，赵某起初不信。李某揣到了裤兜里，下车后两人一看，八成新的苹果。

到宾馆住下后，李某发现手机没有锁屏，微信是登录状态，再一看，微信钱包还有钱。两人相互看了一眼，动了心思。赵某提出，将钱转出来。李某说没有支付密码是转不了的，赵某拿过手机，发现该手机相册中有一张身份照片和一张银行卡的照片，赵某就试着将支付密码修改，又成功了，他试着微信转了钱，也成功了，还发现微信还绑着一张银行卡，两人商定转个5000元，两人平分。于是两人将该手机钱包及绑定的银行卡中转出了5166元，赵某转给李某2500元。后来手机归了李某使用。

没过几天，手机被锁，李某舍不得扔掉，设法破解后一直使用。

在他们转钱的同时，机主王先生的妻子收到了银行短信，两人马上报警。警方循着手机线索顺藤摸瓜。1月28日凌晨，赵某在网吧上网时被抓获，而李某1月29日经警方传唤后到案，两人对“捡”手机，并转钱的行为供认不讳。

仅仅“捡”走手机，他们也构成盗窃

昨天，赵某、李某两人因涉嫌盗窃罪被西湖区检察院依法提起公诉。无疑，两人转了5000多元肯定涉嫌盗窃了。但是，检察官说，哪怕没有取钱，仅仅在出租车上“捡”个手机，也有可能涉嫌盗窃。

这又是为什么呢。

承办此案的检察官说，按法律规定，构成盗窃罪的条件，一是要以非法占有为目的，二是采取秘密的手段窃取公私财物。

本案中，李某在出租车捡到手机时，主观上明知手机是其他乘客遗留的财物；客观上，被害人将手机遗落在出租车上时，无论出租车司机是否知情，在出租车这个相对封闭、狭小的空间内，该手机事实上都已转移给出租车司机占有。李某趁出租车司机不备，悄悄将手机占为己有的行为，既有非法占有的故意，又符合秘密窃取的特征，因此构成了盗窃行为。

这类路有拾遗的行为有过被判盗窃的先例

在车上、路上捡到财物的情况时有发生，都会上升到刑事高度吗？

检察官说，关键看财物是否失去控制。

王先生的手机落在车内，控制权转移给司机，司机基于事实上的管理有暂时的保管权利。简单来说，财物遗落在有专人管理的固定空间内，比如饭店KTV包厢、出租车厢，都不算失控。

至于落到路上怎么判断，检察官说，之前也办过一类似案件。有游客在某博物馆蹲在地上逗孩子玩，这时裤兜里的手机滑落到地，结果保安经过，趁游客不注意，捡起手机迅速离开。

后来手机价值被鉴定为超过3000元（达到浙江省的构成盗窃罪的标准），虽然之后保安一直辩解是“捡”的手机，但法院最终还是以盗窃罪，判处其拘役五个月，并处罚金1000元。

当时法官对法理的解释是：手机虽然掉在地上，但还是在被害人的可控范围之内，没有处于失控状态。被害人只要一起身，就会看到地上的手机，或者发现手机不在口袋里。而他人的捡取的行为造成了该手机由被害人占有转变为犯罪嫌疑人占有，符合秘密窃取的特征。

平湖法院曾经也判过一起类似的案子。

一乘客坐出租车，先是坐上副驾驶位，后又换到后排座位，到达目的地，乘客打算付车费时，发现自己一向随身携带的提包不见了，便在后排座位上寻找，没找到，以为掉在其他地方了，于是打电话叫自己的朋友过来付车费。此时，司机吴某发现副驾驶座位的脚垫处有一只提包，便假借下车方便，把提包藏到附近的小弄堂里，待乘客的朋友到来付完车费离开后，又返回小弄堂取走提包，发现包内有外币、人民币、超市购物卡若干，共计价值人民币6万余元，挥霍殆尽。之后司机被判定构成盗窃罪，判处有期徒刑三年十个月，并处罚金10000元。