Fault ATM spits the money men away after the return does not constitute a crime

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Yu came to a Jinshan District bank before take money, but how material appeared to Cheap nfl Hats his surprise scene: card not insert, the machine has automatic spit out more than 1 yuan in cash. I will be the money. 10 days later, he received a notice of the public security organ, this money is ATM machine operator deposit due to previous failed cheap wholesale jerseys automatically exit, then panicked Yu Mou immediately went to the bank to return the money. So, if his behavior should bear corresponding legal responsibility?

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after the incident, the police immediately deposit. Police immediately by monitoring the bank around the place may appear on the period of this mysterious man of investigation, according to the physical characteristics have from ATM in video surveillance, after a series of questions and visits, police finally locked in a house near Yu mou.

10 days later, after losing money is always more than one received the notice of the public security organs, and immediately went to the bank to take the initiative to return the money 15100 yuan, after the police brought to the public security organ for examination and for the release on bail. Soon, the public security organ to Yumou theft on the grounds, transfer the case to the Jinshan District procuratorate for examination and prosecution.

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Yu money ATM machines spit out the secret away, whether the alleged theft? Prosecutor review that, the criminal suspect Yumou although objectively is the secret theft of possession of property behavior, intentional but subjectively only occupied by cheap jerseys from china fault from the possession of the bank property, deliberately not theft, according to the principle of correspondence between subjectivity and objectivity, can not be identified as theft.

so, I whether behavior has been suspected of the crime of embezzlement? The prosecutors said, the crime of embezzlement is refers to the illegal possession for the purpose, the others to keep their own property or forgotten, buried illegally for himself, the larger amount, refusing to return behavior. But in this case analysis, more than some of the public security organ after the contact, immediately to hand over the money, does not conform to the crime of embezzlement "refused to hand over" behavior, so it cannot be established the crime of embezzlement. Recently, the Jinshan District people's Procuratorate to hear the case after the final thought, more than one act does not constitute a crime, on more than one made the decision not to initiate a prosecution.