What if the vehicle is illegally occupied?

If a personal vehicle is illegally occupied, we have the right to ask the other party to return the vehicle. We can take the form of negotiation, or we can directly file a civil lawsuit to get the vehicle back. If the circumstances are serious, the other party may be suspected of committing a crime. Although there is no "crime of illegal possession" in the criminal law, there is a crime of embezzlement, and the court will impose corresponding sentencing according to the amount of illegal possession of property by the other party.

If a personal vehicle is illegally occupied, we have the right to ask the other party to return the vehicle. We can take the form of negotiation, or we can directly file a civil lawsuit to get the vehicle back. If the circumstances are serious, the other party may be suspected of committing a crime. Although there is no "crime of illegal possession" in the criminal law, there is a crime of embezzlement, and the court will impose corresponding sentencing according to the amount of illegal possession of property by the other party.

1. What should I do if the vehicle is illegally occupied?

If the car is occupied, it can be recovered through court proceedings.

Illegal possession shall be convicted and sentenced for the crime of illegal possession. There is no concept of "crime of illegal possession" in criminal law. What we usually say is actually the crime of embezzlement

According to the provisions of Article 270 of the Criminal Law of People's Republic of China (PRC), it is a crime of embezzlement to take another person's property for himself or illegally take another person's forgetting things for himself, and refuse to hand it over or return it in a large amount.

Those who illegally possess other people's property, fail to keep it properly, and refuse to return it, 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.

Second, how to prosecute illegal possession of other people's vehicles?

The first step is to identify the defendant and collect evidence.

First of all, we must confirm the defendant, because we need to print the household registration certificate at the police station where the defendant is registered (individuals can't handle it, lawyers can print it). At the same time, I want to collect relevant documents that can prove that this car is yours, and keep the evidence to improve the winning rate for the next lawsuit.

The second step is to write a civil lawsuit.

State the facts and reasons, and the basis on which you want the other party to compensate for the loss. At the same time, you need to provide written evidence. If you think you can't produce some evidence, you can apply to the court to collect evidence for you (unlikely);

The third step is to file a case with the court.

The court will file a lawsuit and deal with the evidence, and give you a subpoena, which will indicate the date, time, place and judges of the court session, and then you can appear in court as required. Remember, you must appear in court on time, or you will be fired.

Step 4: try the case.

After the trial, it only needs to be carried out as required, and the final judgment will be handed over to the parties after the trial.

Step 5: Execution of the judgment

After the judgment, if the defendant does not execute the compensation for losses as required and does not appeal, he needs to apply to the court enforcement court for enforcement.

Third, how to judge illegal possession of vehicles?

Illegal possession shall be convicted and sentenced for the crime of illegal possession. There is no concept of "crime of illegal possession" in criminal law. What we usually say is actually the crime of embezzlement

According to the provisions of Article 270 of the Criminal Law of People's Republic of China (PRC), it is a crime of embezzlement to take another person's property for himself or illegally take another person's forgetting things for himself, and refuse to hand it over or return it in a large amount.

According to the law, those who commit embezzlement will generally be sentenced to fixed-term imprisonment of not more than two years, criminal detention or 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.

Among them: a large amount refers to more than 5,000 yuan to 20,000 yuan; A huge amount means more than one hundred thousand yuan.

It should be reminded that all localities can draw up the amount according to the local economic level and report it to the Supreme Court for approval.

To sum up, when the vehicle is illegally occupied, we have the right to take it back, and the other party may be sentenced for committing embezzlement in the criminal law. The above is my legal knowledge about how to deal with illegal possession of vehicles.