A woman found NT$160 in Starbucks after drinking it all in the toilet and was fined NT$3,000. Lawyer Li Yusheng explains the crime of misappropriation of lost property and related legal issues related to non-complaint.

Woman found NT$160 in Starbucks after drinking all of it in toilet, fined NT$3,000｜CCTV News reporters Li Caishan, Ni Shigang, Ye Weilin

News link:https://youtu.be/AKrkZjmGA-8

A woman in Taipei City recently found a cup of Starbucks matcha latte in the toilet that she didn't seem to have drunk when she went to the toilet in the World Trade Center Building 1. She got greedy and took it away to drink, but the owner of the coffee called the police. Sue! Although the two parties later reached a settlement of NT$2,000, the "misappropriation of lost property" was considered a crime without prosecution and could not be withdrawn. Therefore, the court also fined the woman NT$1,000. She paid NT$3,000 for this cup of coffee originally priced at NT$160. price.

Legal provisions related to the crime of misappropriation of lost property

The provisions of Taiwan’s criminal law on the crime of misappropriation of lost property can be found in Article 357 of the Criminal Law. The following are relevant provisions regarding the crime of misappropriation of lost property:
Article 357 of the Criminal Law: "Anyone who appropriates lost property shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention, or a fine of not more than 3,000 yuan."
According to this provision, a person commits the crime of misappropriation of lost property when he intends to possess or use the property lost by another without authorization and fails to make every effort to return the property to its legal owner. Here are some key takeaways:
1. Intentional: The crime of misappropriation of lost property is an intentional crime, which means that the criminal act must be intentional and not negligent. The criminal must have the intention to appropriate the lost property.
2. Lost property: This provision applies to lost property, which refers to an object that is no longer sought or cannot be found by its rightful owner. The crime of misappropriation of lost property cannot be established if the property is still under the control of the owner.
3. Failure to make every effort to return: The defendant must have failed to make every effort to return the lost property to its rightful owner. If the defendant makes an effort to return the item to the owner, or is sincere in repaying the damages, this may affect the court's decision.
Penalties for the crime of misappropriation of lost property under the criminal law include fixed-term imprisonment, criminal detention, or fines, depending on the specific circumstances. When sentencing, courts will consider a number of factors, including the offender's criminal intent, the severity of the crime, and other relevant circumstances to determine the appropriate penalty.
Please note that this is only a brief overview and the actual application of the law may have more details and special circumstances. If you require legal advice or are facing charges of misappropriation of lost property, you can contact us for more specific legal advice.

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