Keeping found items and not using them for personal gain; returning lost phones, wallets, or cash to owners or police

Keeping found items for personal use when the value reaches “a relatively large amount” without returning them is a criminal offense known as misappropriation, punishable by up to 2 years in prison. If the amount is especially large, the sentence rises to 2–5 years. Using a found credit card at an ATM to withdraw cash is even more serious — it constitutes “unauthorized use of another person’s credit card.” When the amount involved is relatively large, offenders face up to 5 years in prison plus fines ranging from 20,000 to 200,000 yuan. In such cases, police open a case automatically without needing any complaint from the owner.

No cost at all — it only takes a few minutes. Simply call the owner or bring the items to a police station.

Returning lost items to their rightful owners promptly — whether by notifying them directly or handing them over to police or other authorities — is both lawful and ethical. Failing to do so when the value reaches “a relatively large amount” may lead to criminal charges of misappropriation (up to 5 years in prison). Using a found credit card at an ATM is classified as “unauthorized use of another person’s credit card” and is treated as credit card fraud; offenders may receive sentences of 5–10 years and fines from 50,000 to 500,000 yuan, depending on the amount and circumstances (nationwide).

Misappropriation is a crime that requires a formal complaint from the owner before police can intervene; otherwise, they cannot act on it. However, using a found credit card at an ATM falls under a different category — police can initiate proceedings without any prior complaint. The exact monetary threshold defining “a relatively large amount” is set by judicial interpretation and was not verified for this section. After items are handed over to authorities, owners may be required to pay storage fees when reclaiming them (Civil Code, Article 317).

全国人大 (2020). 民法典（第三百一十四条）. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml；全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第一百九十六、二百七十条）. https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html；最高人民检察院 (2008). 关于拾得他人信用卡并在自动柜员机（ATM 机）上使用的行为如何定性问题的批复. https://www.spp.gov.cn/spp/flfg/sfjs/201208/t20120830_47871.shtml；全国人大常委会 (2004). 关于《中华人民共和国刑法》有关信用卡规定的解释. http://www.npc.gov.cn/zgrdw/npc/xinwen/lfgz/zxfl/2004-12/30/content_334756.htm