Does it count as theft that the valuables left by the guests in the hotel room are taken away by the waiter?

It is theft for the waiter to keep what the passenger left in the hotel for himself;

First of all, the customer's things are left in the room. At this time, there is a process of possession transformation. All the customers are transformed into all the hotels. In other words, the owner of the property is the hotel before the customer takes back the property. If someone takes property in the process, it is not misappropriation, but theft.

"When the owner loses possession of the property in a specific place, it will be transformed into the possession of the place manager (this kind of possession is a legal fiction, and the manager is not required to be aware of this change). At this point, the third person turns the property into his own, which constitutes theft.

The above-mentioned possession transformation is limited to special places: hotels, taxis, and other places where the mobility of people is not great. If it is in a highly mobile place such as a bus, train or shopping mall, it is not theft, but misappropriation.

Extended data:

Conditions that constitute theft:

The object of theft is public and private property, which is characterized by

(1) can be controlled and possessed by people. The property that people can control and possess must be tangible things that can be identified according to the functions of the five senses. Control and possession are de facto domination.

This kind of domination is not only a simple physical and tangible domination. Sometimes possession can be said to be a social concept. We must consider the nature of things, the time and space in which things are located, and decide whether something is occupied according to the general concept in society. Sometimes, even if physical or tangible domination cannot be realized, it can be considered as possession from the social concept.

For example, watches and rings that can't be found at one time in one's own residence have not lost possession. Animals that are not used to returning to their owners' homes and around them will still belong to their owners even if they leave their homes. When the earthquake disaster occurs, the property moved out for temporary refuge and left on the roadside still belongs to the owner. The fish and pearl shells on the farm are owned by farmers.

Watches, rings, livestock and fish mentioned here can still be the objects of theft. With the development of science and technology, intangible things can also be controlled by people, and can also be the object of theft, such as electricity, gas, mobile phone numbers and so on. Sunlight, wind, air, radio waves and magnetism that people can't control can't be the object of theft.

(2) It has certain economic value, exists objectively and can be measured by money, such as securities. Things with subjective value (such as commemorative letters) but almost no value cannot be the object of theft in China. If a thief steals these worthless properties and obtains valuable properties (equivalent to the amount of stolen goods) through sale or exchange, if the amount is relatively large, he shall be convicted of theft.

(3) it can be moved. All attachments on movable and immovable property may be the object of theft. For example, mined stones, sand brought back from the natural state within a certain range, seawater from salt plants, trees on the ground, etc. Real estate cannot be the object of theft. Stealing and selling real estate is a civil real estate dispute and cannot be handled as theft.

Baidu encyclopedia-theft

Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law