Legal Awareness
The Misdemeanour of Concealing Found Property
An explanation of the rules governing movable property that comes into a person's possession through the owner's mistake under Article 424 of the Penal Code.
Article 424 of the Penal Code
Article 424 of the Penal Code provides that: “Anyone who treats as an owner any movable thing that came into his possession because of a mistake made by its owner, while knowing that he obtained it in that manner, and conceals it or refuses to return it, shall be punished by imprisonment for up to six months or a fine of up to fifty dinars.”
Elements of the offence
A review of the provision shows that criminal liability for treating found property as one's own or concealing it requires two principal elements: the material element and the mental element.
First: the material element
The material element consists of treating the movable property as an owner would, concealing it, or refusing to return it to its owner, where the property came into the person's possession because of an error or inadvertence by its owner.
Second: the mental element
The mental element requires knowledge and intent. The person must know that the property belongs to another and that it came into his possession because of the owner's mistake, while nevertheless intending to treat it as his own, conceal it, or refuse to return it.
Application to the case
Applying the law to the facts, the court found that the appellant took the complainant's phone after it had been left on the rear seat of the vehicle driven by the complainant through his inadvertence. The appellant then took possession of it intending to treat it as his own, despite knowing that it did not belong to him, and intended to keep it. The elements of the offence were therefore established.
The court inferred criminal intent from the appellant's act of switching off the phone, treating that act as an indication that he knew the phone belonged to another and intended to possess and keep it.
Summary of the judgment
The court concluded that all elements of the offence of treating movable property as one's own after it came into the person's possession through the owner's mistake, as provided for in Article 424 of the Penal Code, had been established. The appellant was therefore to be convicted and punished in accordance with the law.
Judgment No. 1634 of 2023 – Amman Court of First Instance sitting in its appellate capacity, issued on 11 July 2023.
Criminal liability depends on the facts and evidence of each case. Possession of the property alone does not determine whether the offence has been committed; the way possession arose, knowledge of another person's ownership, and the intention to keep or deal with the property are all material.
This article provides general legal awareness and is not a substitute for legal advice tailored to the circumstances of an individual matter.