| “ One machine in hand , All I have ”,
One of the characteristics of modern people is ,
I can't get away from it .
With more and more mobile phone functions ,
The importance of mobile phones is self-evident .
But have you ever thought about it ,
What if one day ,
What if you lose your cell phone ？
lately , Ms. song of Beijing lost her mobile phone while she was on the bus , Quickly borrow someone else's mobile phone to dial your own number , But it's always off . Feel like she's hopeless , It empties the mobile phone through the function of erasing data remotely , I can only admit my bad luck and accept this fact .
It's just the loss of a cell phone , What's more terrible is that after the mobile phone is stolen , Some owners not only have to face the situation of stock assets being stolen , They may even be in debt on the Internet , Be loan 、 Be bought 、 Recharge, etc , The amount is tens of thousands of yuan .
Some netizens have encountered such things .2020 year 10 month , A Sichuan University Student's mobile phone was stolen , Although she quickly took a variety of measures , But after the phone was stolen 9 In an hour , Still lost tens of thousands of yuan , I've got it on my back 7300 Multiple loans . According to the university student himself , It's like “ Lose your life ”, I can't help watching my mobile phone number bound to other social software , Your bank card is bound by someone else , The other party purchases with their own mobile phone loan .
Small as the cell phone is ,
It contains all kinds of information and funds .
What to do if your mobile phone is lost ？
I will tell you from a legal point of view ,
What laws can help you .
01 Pick up someone else's cell phone , Refuse to return , What kind of legal liability do you have to bear ？
After the phone was lost , It's legal “ Oblivion ”. The act of refusing to return someone's mobile phone , In criminal law, it belongs to “ Illegally take possession of other people's forgotten things , Refuse to hand over ”, In line with the constitutive requirements of the crime of embezzlement . According to the relevant provisions of the criminal procedure law , The crime of embezzlement belongs to the crime of private prosecution , That is to say, the parties themselves should go to the court to sue .
Legal point ：
Article 270 of the criminal law stipulates that , Illegally take possession of other people's property in custody , Larger amount , Refuse to return , To be sentenced to not more than two years in prison 、 Detention or fine ; A large amount or other serious circumstances , He shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years , Impose a fine . Illegally taking possession of other people's forgotten or buried objects , Larger amount , Refuse to hand over , Punishment in accordance with the provisions of the preceding paragraph . This crime , I'll deal with what I tell you .
Article 210 of the criminal procedure law stipulates that , Private prosecution cases include the following cases ：（ One ） A case dealt with only after being told ;（ Two ） Minor criminal cases where the victim has evidence to prove ;（ 3、 ... and ） The victim has evidence to prove that he infringed upon the defendant 、 The act of property rights shall be investigated for criminal responsibility according to law , In cases where the public security organ or the people's Procuratorate does not investigate the criminal responsibility of the defendant .
02 Stealing someone's cell phone , Take money from other people's accounts , What kind of legal liability do you have to bear ？
Whether it's stealing someone's cell phone or taking money from someone's account after stealing someone's cell phone , Such behavior belongs to theft in criminal law . If we can reach the starting point of larceny , Criminal responsibility should be investigated for theft . If the starting point cannot be reached , It should be in accordance with the relevant provisions of the law on punishment for public security administration , Administrative punishment shall be imposed on the perpetrator .
Legal point ：
Article 264 of the criminal law stipulates that , Stealing public and private property , A large amount of , Or multiple thefts 、 Burglary 、 Stealing with a lethal weapon 、 Pickpocket , To be sentenced to not more than three years in prison 、 Detention or control , Penalty concurrently or only ; A large amount or other serious circumstances , To be sentenced to fixed-term imprisonment of not less than three years but not more than ten years , Impose a fine ; The amount is especially huge or there are other especially serious circumstances , To be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment , To impose a fine or forfeit property .
Article 49 of the law on administrative penalties for Public Security stipulates that , Theft 、 fraud 、 Plunder 、 To rob 、 Extorting or intentionally damaging public or private property , To detain for more than five days but less than ten days , And a fine of not more than 500 yuan ; The plot is more serious , To detain for more than 10 days but less than 15 days , And a fine of less than 1000 yuan .
03 Personal mobile phone information is used by criminals , Take it to register online loan , I didn't know about it until I received a collection call , I don't know how the loan should be solved ？
We should contact the lending institution stated in the loan information , Verify the loan contract with the agency 、 Lender information 、 Signature information and other related content, and put forward the loan objection . If it can be proved that the loan contract was not signed by me , Then, according to the provisions of the civil code on the effectiveness of civil legal acts , This kind of “ Be loan ” A contract shall be void because it has no true expression of intention .
If negotiation with the lending institution fails , The lender insisted on repayment , We should call the police , Protect their legitimate rights and interests by investigating the criminal responsibility of the fake lender .
Legal point ：
Article 143 of the civil code provides that , A civil juristic act that meets the following conditions is valid ：
（ One ） The actor has the corresponding capacity for civil conduct ;
（ Two ） The meaning is true ;
（ 3、 ... and ） Not against the law 、 Compulsory provisions of administrative regulations , Do not violate public order and good customs .
04 The privacy content in mobile phone is leaked or threatened by lawless elements , What do I do ？
Divulge personal privacy , It's a tort . According to Article 1032 of the civil code , It's illegal to divulge private content from other people's mobile phones , The leaked person has the right to sue the court , Ask the divulger to bear the responsibility of restoring his reputation 、 Apology and other tort liability .
The person who found the mobile phone threatened the privacy content in the mobile phone , Asking for property from the person who lost his cell phone , If the amount is large or extortion is repeated , The act constitutes a crime . According to China's criminal law and relevant judicial interpretation , For the purpose of illegal possession , Intimidate the victim 、 Methods of threatening or threatening , The act of obtaining the victim's property constitutes the crime of extortion . For such behavior , We should report the case to the public security organ decisively , Try to bring the criminals to justice as soon as possible .
Legal point ：
Article 1032 of the Civil Code stipulates that , Natural persons enjoy the right of privacy . No organization or individual is allowed to spy 、 Invade 、 Let the cat out of the 、 The right to privacy of others is infringed by means of publicity .
Privacy is the peaceful private life of a natural person and the private space that he does not want to be known to others 、 Private activities 、 Private information .
Article 274 of the criminal law stipulates that , Extortion of public and private property , Large amount or extortion for many times , To be sentenced to not more than three years in prison 、 Detention or control , Penalty concurrently or only ; A large amount or other serious circumstances , To be sentenced to fixed-term imprisonment of not less than three years but not more than ten years , Impose a fine ; The amount is especially huge or there are other especially serious circumstances , Sentenced to more than ten years in prison , Impose a fine .
Practically speaking ,
What if you lose your phone ？
Don't panic ,
Besides calling the police ,
The first time to do these ！
1. Call the operator now , Report the loss of 、 frozen SIM card , Go to the business hall to apply for a new mobile phone card as soon as possible
You can dial （ Move 10086、 Unicom 10010、 telecom 10000）. Here it is , Remind users to set up in time SIM Card code , If the phone is stolen , Lawbreakers will not be able to get through “ cell-phone number + Verification Code ” The weak verification method of , Access to personal information and property .
2. Call the bank now , Freezing related credit cards 、 savings deposit card
3. Freeze wechat in time 、 Report the loss of Alipay APP account number
? Wechat freeze ：
Log in to wechat through other channels , choice “ Set up - Accounts and security - Wechat Security Center - Freeze accounts ”.
Call wechat payment customer service line 95017 turn 9 key , It can freeze the payment capacity of the account by itself .
Sign in weixin110.qq.com Click on “ Freeze account ” Carry out relevant operations , that will do
Freeze wechat account , Or call 0755-83765566 turn 9 key , You can also freeze wechat accounts by yourself , Prevent others from logging in .
? Report the loss of Alipay ：
call 95188 Report the loss of , Remove Alipay binding ;
Or log in
Report the loss urgently .
4. Change the key account password
quite a lot APP Only one device can be logged in at a time , After successful login, the login status of your lost mobile phone will change , People get your cell phone , No account password , Can't log in .
5. open “ Find your phone ” function
The specific operation process of each mobile phone brand is different , But it generally includes mobile phone positioning 、 Remote destruction of data 、 Find your mobile phone and so on , You can operate according to the software .
6. Inform relatives and friends in time , Preventing criminals from using their identities to defraud
Cell phone lost ,
It's a race between the owner and the thief .
How to... In the fastest time ,
Maximum protection of money in mobile phones ,
The above points ,
Is the key ！
Give it to your family ,
Let's protect our mobile phones together ！
Thank Mr. min Hanlin of Beijing Zhongzhi law firm for his professional support ！
source ： Rule of law daily （ author ： Luo congran ）
edit ： Quyang Zhang Bo Li Jinfeng
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