Legal framework of possession and ownership of lost property
In the legal sense, the concept of possession encompasses a much broader scope of action than just the physical possession or direct use of an object. Even if an object is left unattended, it remains the property of its owner. Objects left unattended in certain places such as train stations, airports, etc. are considered the property of the person to whom they belong. If an item is left in a place that the owner is aware of and can return to, the person who takes the item (e.g. a taxi driver or another passenger) commits theft.
An honest finder should take all possible measures to locate the true owner. According to the Civil Code, the finder is obliged to inform the owner of the find without delay. If the owner is unknown, the finder is obliged to report the find to the police or the local administrative authority (e.g. lost property office).
For a found object to be legally considered a ‘lost property’, it must fulfil two criteria: It must be found in a place unknown to the owner and it must not bear any identifying marks that would enable the owner to be identified. An object that has been left by a person in an unsupervised public place and bears identifying marks cannot be considered a lost property. Appropriating such an object is considered theft, since the owner did not lose the object, but only left it unattended temporarily.
