Lawyer

Chapter 570 Is it theft?
"Lawyer Fang, you didn't pick up the case, did you? Did you benefit the case team? To be honest!" Ma Yi said with a smile.

"Benefits? The conscience of heaven and earth! If I really gave benefits, as for last year's performance, it almost failed to meet the standards." Fang Yi smiled wryly.

He is not afraid to expose his shortcomings, because last year he reached the standard in income generation, so it doesn't hurt to talk about it.

"By the way, speaking of the case, I took a small case last year. Let's hear what the charge is. If you are right, there will be no prizes. If you are wrong, you will be fined a glass of wine. What do you think? This is more interesting than the drinking order Too much." Lawyer Song suggested.

"Okay, everyone here has a share, but I have to ask, Lawyer Song, who knows about the case you're talking about?" Huang Yuanchao said with a flushed face.

"Xiao Zhou and I organized it together. No one else knows the details. For the sake of fairness, the two of us will not participate." Lawyer Song said.

"Okay, this is fine. Lawyer Song, tell me. Ma Yi brings the wine glass and pours three glasses first." Huang Yuanchao followed up and said: "No, I forgot that we have a criminal expert here. Fang Yi is not allowed to advance Answer, and if you answer wrong, you will have two drinks."

"Okay, just rely on me." Fang Yi leaned on the chair and smiled.

"I told you, everyone, listen carefully. The facts of the case are as follows:
Last summer, the defendant Xiaowei (female), I will not mention her name, followed the guests into a box of a nightclub in this city to eat, drink, chat and sing.

After eleven o'clock in the evening, Xiao Zhou, a guest in the private room, put a handbag containing cash and other items on the seat, and took a mobile phone to make a call outside the private room.After the other guests in the box were busy for a while, they paid the bill when they saw that it was late, and left the box with their clothes.

Xiao Wei went to the bathroom because of internal urgency, and when she came out, the guest had already gone out.The waiter is cleaning up the wine bottles, fruit plates and garbage on the table.

Xiao Wei saw the handbag that fell under the sofa. She knew that the handbag belonged to Xiao Zhou, so she took the handbag up while the waiter was not paying attention, went into the bathroom again, and put the [-] yuan in cash in the bag into her own. handbag, and then threw the handbag in the cabinet under the wash basin in the bathroom, and then fled the scene.

After Xiao Zhou made the phone call, he wanted to leave with his friends, but suddenly remembered that he had forgotten his handbag, so he returned to the box, only to find that the handbag was gone.

Later, with the help of the waiter, he found the handbag in the cabinet under the washbasin. The documents in it were all there, but the money was gone, so Xiao Zhou called the police on the spot.

After the incident, the public security agency discovered through surveillance that Xiao Wei was the last person to leave the box, so they summoned Xiao Wei the next morning. Get it all back.

The subject of this case is not big. The father of the client consulted many lawyers, and the lawyers gave three opinions:

A．For the purpose of illegal possession, Xiao Wei secretly stole other people's property, which constituted the crime of theft.

B．Xiao Wei picked up items forgotten by guests in public places, took them as his own, and refused to return them, so it should be classified as a crime of embezzlement.

C．Xiaowei picked up items forgotten by others in public places. Although he had the purpose of illegally embezzling other people's property, he had no intention of stealing, nor did he steal secretly, which did not constitute the crime of theft.There was no refusal to hand over found property, so it did not constitute a crime of embezzlement.Should be innocent.

Come on, everyone, A, B, C, everyone chooses. Lawyer Song said with a smile.

"Xiaotian comes first." Huang Yuanchao said with a smile.

"I choose B. If you pick up other people's money in public places and don't return it, I think it constitutes a crime of embezzlement." Tian Xin said.

"I choose A. As for the reason... I must be guilty. I rule out C first, and I draw lots for A." Ma Yi smiled, holding two toothpicks, one long and one short.

"Cut, superstitious. Look at mine." Huang Yuanchao took out a coin, tossed it up, then held it in his hand and opened it for a look: "I choose B."

Everyone laughed, and looked at Fang Yi after everyone had confirmed their options.

"Old Fang, it's your turn. Remember to drink two glasses of wine for wrong answers. We don't care what the law says, and we only rely on the court's decision." Ma Yi said with a chuckle.

"I choose A." Fang Yi hesitated for a moment.

"What's the reason?" Zhou Ying asked with a smile.

"According to what Lawyer Song said, I think Xiaowei's behavior meets the characteristics of the crime of theft. The reasons are:

[-]. The place where this case occurred was in a box of a nightclub. Although a nightclub is a place of public entertainment, it is closed in space and exclusive in use, which is different from public places such as squares, railway stations, and airports.

Just like a guest room in a hotel, when a guest is using a box, the box is temporarily controlled by the guest in principle, and the guest has actual control over the personal items stored in the box.

During the use of the box, even if the guest temporarily leaves for some reason, he still has actual control over the belongings placed in the box.

During this period, anyone who enters the box and takes away the property placed by the guest in the box for the purpose of illegal possession shall constitute theft.

After the guests pay the bill and leave the box, the items left by the guests in the box are under the control of the nightclub, and the nightclub is obliged to count, keep and return the items left by the guests.If the nightclub refuses to return the leftovers of the guests, it constitutes encroachment.

However, if other people outside the nightclub enter the box without authorization for the purpose of illegal possession and take away the property left by the guests, it is theft, not embezzlement.

The victim in this case, Xiao Zhou, went to make a phone call outside the box, and when he was about to leave the nightclub with his friends, he suddenly remembered that he did not have a handbag, so he returned to the box to get the handbag, which shows that the handbag is not Xiao Zhou's "forgotten thing".

Due to the closedness of the box in space and its exclusiveness in use, Xiao Zhou's handbag has not actually escaped from his effective control, so it cannot be concluded that Xiao Zhou's handbag has escaped from his actual control.

In addition, after the guests leave, the waiters in the nightclub are obliged to count the leftovers and forgotten items of the guests and return them to the owner in time.

After the guests in the box pay the bill and leave.All the property in the box is under the temporary custody and control of the nightclub (specifically, the waiter employed by the nightclub who has the right to clean and count the box on his behalf). The defendant is not the waiter of the nightclub and has no right to the items forgotten by the guests. custody, control.

It can be seen that the nature of defendant Xiao Wei's behavior was not to pick up other people's forgotten things, so it did not constitute encroachment.

[-]. The defendant, Xiao Wei, came out of the bathroom after the guests left. Taking advantage of the waiter's inattention, he put Xiao Zhou on the sofa, and then took the handbag that fell under the sofa to the bathroom of the private room, and stole cash from the bag , and finally hide the bag and documents and other things in the cabinet under the sanitary basin.

It can be seen from this that Xiao Wei subjectively had the purpose of illegally occupying other people's property, and objectively took advantage of Xiao Zhou and the waiters in the box to steal the money in Xiao Zhou's handbag by means of secret theft. Behavior consistent with the characteristics of theft.

[-]. When Xiao Zhou reported the case, the public security organ summoned Xiao Wei the next day based on the information obtained from the surveillance video, found out the facts of the case, then searched his residence according to law, extracted the stolen money of [-] yuan taken by Xiao Wei, and returned it to the owner .

The act of recovering stolen goods by the public security organ is an act of performing duties during the investigation process, which is completely different from the nature of the criminal suspect's voluntary refund.

Therefore, this behavior of recovering stolen goods by the public security organ cannot be used as a reason for Xiaowei's innocence of "refusal to hand over".This is my reason. After Fang Yi finished speaking, he looked at the crowd.

(End of this chapter)