| The crime of misappropriat ion is an act of turning a holding into an illegal possession. For the determinat ion of the crime of misappropriation, the affirmation of the fact of possession is more important than the determinat ion of lawfulness of the possession. The objects of the crime of misappropriation include property in commendation or property forgotten or buried by another person. Each of these objects has its unique connotation. The act of taking possession of package or unlawfully consigned goods shall
const itute the crime of misappropriation; the act of taking possession of another's property which is mistakenly believed to be under one's custody shall constitute the crime of misappropriation of forgotten property. The term "forgotten property" shall be construed broadly and it is neither possible nor necessary to distinguish between "forgotten property" and buried property. There is an inclusive and mutual proofing relationship between illegal possession of the property and the time of refusal to return the property. In order to correct ly determine the crime of misappropriation, it is necessary to determine a reasonable deadline for the refusal to return the illegally possessed property. |
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