Is it illegal for security guards to rob and confiscate personal belongings by force?

Security guards have no right to rob and confiscate personal belongings, which already belongs to embezzlement of other people's property. The crime of embezzlement, also known as the crime of embezzlement, refers to the act of illegally possessing property, forgetting what others have given you or buried things, and refusing to return them.

Legal analysis

According to the relevant laws and regulations, the behavior of security guards forcibly seizing and confiscating personal property has constituted the crime of embezzlement. The crime of embezzlement refers to the behavior that the actor illegally turns his public and private property into his own. The object of this crime is the ownership of others' property. The object of this crime is the property, forgetting things and buried objects entrusted to it by others. The property entrusted by others to their custody is the property kept by others, which refers to the property collected and managed for others through the entrustment of others or in accordance with the agreement or relevant regulations. Forgotten things refer to things that should have been taken away but were not taken away because of forgetting, such as leaving things on the counter when shopping, leaving things in other people's homes when playing, and leaving things in the car when taking a taxi. Buried things refer to things buried underground for hiding, such as money buried in one's own yard and jewels buried in a grave. Whatever is left for you, forgetting things and the buried objects must be the property of others. Subjectively, this crime must be intentional, that is, knowing that it belongs to the property, forgetting things or buried objects entrusted to you by others, it is still illegal to take it for yourself. Negligence cannot constitute this crime. Constitute this crime must also have the purpose of illegal possession. Only for the purpose of intentional possession without illegal possession, such as deliberately destroying other people's property, forgetting things or buried objects, or asking others to pay the expenses incurred by escrow, failing to pay them back within the time limit, or accidentally destroying or losing them, can not be punished as this crime.

legal ground

Article 270 of the Criminal Law of People's Republic of China (PRC), whoever illegally occupies other people's property for his custody and refuses to return it in a large amount 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. This crime can only be dealt with if it is spoken.