What are the legal responsibilities of malicious possession?
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What are the legal responsibilities of malicious possession?
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If it is really malicious to obtain improper benefits, then take criminal responsibility, as long as it is not good at good faith.
You said maliciously, but there is no concept in law. So see if you are talking about malicious obtaining or goodwill, or inappropriateness, you can see the concept clearly. Please refer to:
The obtaining goodwill, which refers to the possession of the property of other people's property without the right to dispose of other people's property People, after the real estate is transferred to a third party, if the assignee is good at the real estate, they can obtain the legal system of ownership of the property in accordance with the law. After the transferee obtains the ownership of the property, the original owner shall not ask for the assignee to return the property, but can only request the transferor (the owner) to compensate for the loss. According to my country's judicial practice, stolen goods, lost objects, and discovery of buried objects cannot apply the system of goodwill. In addition, if the assignee obtains a certain property for free, whether it is good or malicious when it obtains the property, it is not possible to apply the system of goodwill. From the perspective of my country's academic and judicial practice, goodwill should have the following conditions:
, first, so that people must be the owner based on the meaning of the owner. Therefore, stolen goods, unknown buried objects, hidden objects, lost objects, and drifting objects are not applicable to goodwill. If the third person is bought from the public market that sells similar items, even if it is stolen goods and lost objects, the goodwill system is still applicable.
The second, the property must be the property that can be circulated according to law. Laws are prohibited or restricted, such as explosives, guns, ammunition, anesthesia, drugs, etc., and the system is not applicable. The state -owned property of the state's proprietary property and the state -owned property that is prohibited or restricted by the law is not applicable to the goodwill system. For state -owned enterprises and institutions, the state -owned property that can be punished by these units can be punished by these units, like collective and ownership of citizens, and is suitable for a goodwill system.
Third, it must be real estate. Good faith is applicable to real estate. The transfer system of real estate ownership is not suitable for goodwill acquisition system.
Fourth, the transferee must obtain property through exchange. The transferee must be realized through the exchanges, such as buying and selling, mutual ease, debt settlement, and capital capital. If you obtain property through inheritance, legacy, gift, etc., you do not apply for goodwill.
Fifth, the assignee is good at the property. The goodwill of the assignee refers to the owner who is believed in the property of the property and the property. Whether the assignee is in good faith does not affect its ownership.
It, it is necessary to point out that currency and unknown securities are a special real estate. The holder is the subject of the rights recorded in currencies and unknown securities. Therefore Whether the assignee is subjective is goodwill, and does not consider letting people get possessive based on the will of the owner. Name -name securities do not apply for a goodwill system.
1. Civil liability. The raw and interest should be returned to everyone. If everyone loses losses, it should be compensated.
2, criminal liability. The amount is large and refused to return, and the crime is punished by embezzlement. Those who commit this crime shall be sentenced to imprisonment, detention or fines for less than two years; if the amount is huge or other serious circumstances, it will be imprisoned for two years and five years, and a fine. Try to deal with this crime.