Chapter 171: A Quirky Angle for Reporting!
The "Three Guarantees" law requires sellers to ensure the quality of their products. They must not deliberately delay or, without valid reason, refuse to provide assistance, compensation, or fulfill other such obligations incumbent upon sellers and repairers.
Within seven days from the start of the "Three Guarantees" period, if quality issues necessitate the replacement of the engine, transmission, power battery, drive motor, or their main components, the consumer can choose to either replace the vehicle or return it, using the purchase invoice and "Three Guarantees" certificate.
The seller must provide a replacement or refund free of charge.
With the "Three Guarantees" law, his rights and interests could be fully protected.
Plus, with the provision for triple compensation...
The thirteen components he lost this time would receive triple compensation.
But this wasn't what he wanted.
Until he gets the scoundrel who secretly replaced his parts arrested, he won't be able to eat or sleep in peace!
That leaves only the final option: criminal law…
Qin Mu took a deep breath.
Intentional homicide and fraud aren't suitable. The most appropriate… is theft, the most common charge!
Thinking this, he took out his cell phone and dialed 110.
"Hello, I want to report a crime. That's right, parts were stolen from my car. Not the car itself, but the parts…"
After a brief conversation with the operator, he drove directly to the 4S dealership.
「Fifteen minutes later.」
Qin Mu arrived at the entrance of the 4S dealership, waiting for the police.
During the call, he had explained that the theft occurred at the 4S dealership.
After waiting only a few minutes, he saw a police car speeding towards him from a short distance away.
The front passenger door opened, and Shen Dao, accompanied by a few young police officers, got out.
The security guard at the dealership's entrance was startled by the sudden arrival of the police and hastily notified the management.
After alighting from the car, Shen Dao headed straight for Qin Mu, who was waiting by the roadside.
The information relayed by the operator to their local police station indicated that the caller was Qin Mu.
Upon receiving this report, Shen Dao decided to lead the team personally.
Having dealt with Qin Mu so many times, he knew the man's particular brand of trouble; his cases were never simple. They involved complex legal knowledge that ordinary officers genuinely couldn't handle. He wouldn't be at ease if anyone else from the station went.
"You said there was a theft. What's the situation this time?" Shen Dao stared at Qin Mu and asked in a grave tone.
Qin Mu sighed and explained how the 4S dealership had replaced his parts.
Then, filled with indignation, he said, "Captain Shen, you have to see justice done for me! Even the airbag had a hole in it. Their actions are truly deplorable!"
Replacing parts? Shen Dao frowned.
Such cases occurred from time to time; he often received these kinds of reports. Most of them happened in repair shops. After vehicles were damaged in accidents, they would be sent to repair shops for maintenance. And some repair shops, for the sake of profit, would selectively replace original car parts, substituting inferior goods for genuine ones to make more money. In the area he was responsible for, there were always a few similar cases each year.
After careful consideration, Shen Dao looked at Qin Mu and said seriously, "For such matters, you should contact the market supervision department. They are responsible for penalizing commercial fraud. We can only help coordinate and handle disputes."
He continued, "Theoretically, as a grassroots organization of the public security authorities, a police station can handle any case, whether it's a civil, criminal, commercial, financial, or economic dispute. However, everyone has their specialty. In non-criminal cases, we can mostly only mediate. Administrative penalties are enforced by administrative agencies; we don't have the authority to impose them."
"But... they illegally stole my parts. You have to handle that, right?"
Qin Mu, who had anticipated this response, reiterated his point.
Theft? Shen Dao frowned, sensing something was off.
"Yes. I brought my car here for maintenance, and without my knowledge, they stole my auto parts and tried to fool me with substandard replacements. That constitutes theft, doesn't it?"
Qin Mu nodded.
He then recited the legal provisions for theft and the criteria for filing a case.
"Relevant criminal law defines theft as the act of stealing public or private property where the amount involved is relatively large, or through multiple incidents of theft, residential burglary, theft while armed, or pickpocketing of public or private property, all for the purpose of illegal possession. As long as the amount involved reaches a certain threshold, a case can be filed. The minimum threshold is 1,000 yuan. Different provinces and regions can set their own minimums based on their economic development, typically ranging from 1,000 to 3,000 yuan. And in Jin City, the law stipulates that reaching 1,000 yuan is sufficient to constitute theft.
"Their illegal possession of my parts clearly involves an amount exceeding 1,000 yuan, which fully constitutes this type of crime."
Qin Mu continued, "Moreover, I strongly suspect this isn't an isolated incident. They've likely committed multiple thefts, making the circumstances particularly severe!"
Their actions... might only constitute commercial fraud on the surface, not intentional injury or criminal fraud. But if broken down carefully, their accountability can be pursued under theft! The crime of theft stipulates that any act of illegally taking another's property constitutes theft. There are three constituent elements:
First, the infringement of another person's property rights by appropriating their property.
Second, the use of clandestine methods to steal, concealing the relevant facts from the owner.
Third, subjectively, there must be direct intent and the purpose of illegal possession.
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