09-007 · EVIDENCE A · SOURCE-SENSITIVE
Keeping found items and not using them for personal gain; returning lost phones, wallets, or cash to owners or police
捡到银行卡不取钱，捡到手机、钱包联系失主或交给警察，不揣走
No cost at all — it only takes a few minutes. Simply call the owner or bring the items to a police station.
Keeping found items for personal use when the value reaches “a relatively large amount” without returning them is a criminal offense known as misappropriation, punishable by up to 2 years in prison. If the amount is especially large, the sentence rises to 2–5 years. Using a found credit card at an ATM to withdraw cash is even more serious — it constitutes “unauthorized use of another person’s credit card.” When the amount involved is relatively large, offenders face up to 5 years in prison plus fines ranging from 20,000 to 200,000 yuan. In such cases, police open a case automatically without needing any complaint from the owner.
A
Move “Keeping found items and not using them for personal gain; returning lost phones, wallets, or cash to owners or police” to Future Me's calendar
The excuse
Future Me has a clearer calendar, more patience, and apparently the same responsibilities.
What feels good now
Today I keep a few minutes and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “Keeping found items for personal use when the value reaches “a relatively large amount” without returning them is a criminal offense known as misappropriation, punishable by up to 2 years in prison. If the amount is especially large, the sentence rises to 2–5 years. Using a found credit card at an ATM to withdraw cash is even more serious — it constitutes “unauthorized use of another person’s credit card.” When the amount involved is relatively large, offenders face up to 5 years in prison plus fines ranging from 20,000 to 200,000 yuan. In such cases, police open a case automatically without needing any complaint from the owner.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
7. Keeping found items and not using them for personal gain; returning lost phones, wallets, or cash to owners or police
Cost: No cost at all — it only takes a few minutes. Simply call the owner or bring the items to a police station.
In plain terms: Keeping found items for personal use when the value reaches “a relatively large amount” without returning them is a criminal offense known as misappropriation, punishable by up to 2 years in prison. If the amount is especially large, the sentence rises to 2–5 years. Using a found credit card at an ATM to withdraw cash is even more serious — it constitutes “unauthorized use of another person’s credit card.” When the amount involved is relatively large, offenders face up to 5 years in prison plus fines ranging from 20,000 to 200,000 yuan. In such cases, police open a case automatically without needing any complaint from the owner.
Benefit: Returning lost items to their rightful owners promptly — whether by notifying them directly or handing them over to police or other authorities — is both lawful and ethical. Failing to do so when the value reaches “a relatively large amount” may lead to criminal charges of misappropriation (up to 5 years in prison). Using a found credit card at an ATM is classified as “unauthorized use of another person’s credit card” and is treated as credit card fraud; offenders may receive sentences of 5–10 years and fines from 50,000 to 500,000 yuan, depending on the amount and circumstances (nationwide).
Evidence grade: A
Sources: National People's Congress (2020). Civil Code (Article 314). <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>; National People's Congress (2020). Criminal Law (as amended by the Criminal Law Amendment (Eleven), Articles 196, 270). <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>; Supreme People's Procuratorate of China (2008). Approval on how to characterize the behavior of finding other people's credit cards and using them at automated teller machines (ATMs). <https://www.spp.gov.cn/spp/flfg/sfjs/201208/t20120830_47871.shtml>
Notes: Misappropriation is a crime that requires a formal complaint from the owner before police can intervene; otherwise, they cannot act on it. However, using a found credit card at an ATM falls under a different category — police can initiate proceedings without any prior complaint. The exact monetary threshold defining “a relatively large amount” is set by judicial interpretation and was not verified for this section. After items are handed over to authorities, owners may be required to pay storage fees when reclaiming them (Civil Code, Article 317).
Read the complete Chinese source and notes
7. 捡到银行卡不取钱，捡到手机、钱包联系失主或交给警察，不揣走
成本: 不花钱，几分钟的事。打个电话找失主，或者把东西送到派出所。
说人话: 捡到东西留着自己用，金额到了「数额较大」又不肯交出来，判 2 年以下，数额巨大的判 2 到 5 年。拿捡来的银行卡去 ATM 取钱更重，算冒用别人的信用卡，数额较大就判 5 年以下，还要罚 2 万到 20 万元。取钱这一种警察直接立案，不用失主自己去告。
收益: 捡到别人丢的东西，要还给失主，及时通知他来领，或者送交公安等部门。把别人落下的东西留着自己用，金额到了「数额较大」又不肯交出来的，构成侵占罪，判 2 年以下。数额巨大的判 2 到 5 年。捡到别人的信用卡拿到 ATM 上用，属于「冒用他人信用卡」。够得上犯罪的，按信用卡诈骗罪处理：数额较大的判 5 年以下，并罚 2 万到 20 万元。数额巨大或者有其他严重情节的，判 5 到 10 年，并罚 5 万到 50 万元（全国）
证据等级: A
来源: 全国人大 (2020). 民法典（第三百一十四条）. <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第一百九十六、二百七十条）. <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>；最高人民检察院 (2008). 关于拾得他人信用卡并在自动柜员机（ATM 机）上使用的行为如何定性问题的批复. <https://www.spp.gov.cn/spp/flfg/sfjs/201208/t20120830_47871.shtml>
备注: 侵占罪是「告诉的才处理」，得失主自己去法院起诉，警察不主动管。但拿捡来的卡取钱不一样，不用失主去告，警察直接立案。「数额较大」具体是多少钱，由司法解释规定，本节没有核实。东西送交有关部门之后，失主来领的时候要付保管费用（民法典第三百一十七条）。
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