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Obligations of finder

  • 12-06-2012 9:00am
    #1
    Condatis
    Registered Users, Registered Users 2 Posts: 651 ✭✭✭


    My lay understanding of the law is that where one finds cash or other property he is obliged to take reasonable steps to find the owner.

    I have seen notices in shop windows to the effect that something has been found in the locality and giving contact details of the finder.

    Lost and Found columns in newspapers also are used by finders to advertise their find.

    Do such measures satisfy the obligation to take reasonable steps?

    This is a hypothetical question and I have not found anything. I would imagine that if there was any identification on the property that there would be more comprehensive measures required than those mentioned above.


Comments

  • #2
    GeorgeOrwell
    Registered Users Posts: 124 ✭✭GeorgeOrwell


    Section 4 of the 2001 Criminal Justice (Theft and Fraud Offences) Act defines theft as the dishonest appropriation of property without the consent of its owner and with the intention of depriving its owner of it.

    In order to prove that you did not have the intention of depriving the owner of the property, you need to show evidence that "the owner could not be discovered by taking reasonable steps.

    In my opinion, putting a notice up, or an advert in the newspaper, or handing the property into the Gardai would be good ways of demonstrating that you took reasonable steps to discover the owner.











    http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0004.html#sec4


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