Does it constitute a crime not to return the mobile phone?

It may be illegal to find a mobile phone. If it reaches a certain amount, it may constitute embezzlement.

1. Picking up something forgotten by others and refusing to return it is an act of embezzlement. Generally, the amount is more than 3,000 yuan, which is suspected of job embezzlement. The crime of embezzlement is a case of private prosecution, and the public security bureau will not file a case. You can bring a lawsuit directly to the court.

2. According to Article 79, paragraph 2, and Article 92 of the General Principles of the Civil Law, lost property, drifting objects or stray animals shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner. If improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the person who has suffered losses. Therefore, unjust enrichment should bear civil liability.

3. According to the provisions of Article 270 of the Criminal Law, anyone who illegally occupies other people's property and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph.