Is it illegal to find someone else's lost mobile phone and not return it?

Legal Analysis: If you don't return the mobile phone, you must first make it clear whether it belongs to the lost property or forgetting things. If it is forgetful, the owner of the mobile phone is not far away, and the mobile phone is still under the actual control of the owner. In this case, picking up someone else's mobile phone may constitute theft. Theft is generally more than 2,000, which can be convicted and investigated for criminal responsibility. Theft is a public prosecution case and is investigated by public security organs.

Of course, if the mobile phone belongs to the lost property, the owner completely loses control of the mobile phone and refuses to return the lost property, which may constitute the crime of embezzlement. The starting point of the crime of embezzlement is more than 1 10,000 yuan, and the value of ordinary mobile phones, especially second-hand mobile phones, rarely exceeds 1 10,000 yuan. Therefore, if you find someone else's lost mobile phone and refuse to return it, it may constitute a crime of embezzlement, but generally it will not reach this conviction amount. In addition, the crime of embezzlement belongs to the crime of private prosecution, and the loss is mainly to write a criminal private prosecution to the court.

Legal basis: Article 270 of the Criminal Law of People's Republic of China (PRC) illegally occupies other people's property for safekeeping, and refuses to return it if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a huge fine, or if 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.