Do you still have to pay back the money after being sentenced for embezzlement?

Yes, according to Article 384 of the Criminal Law 1, the sentencing range and punishment method of the crime of misappropriating public funds are as follows:

1. Whoever commits the crime of misappropriation of public funds shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

2. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of more than 5 years.

3. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment.

Extended data:

The crime of misappropriating public funds has the following subjective characteristics:

1, misappropriation of public funds is illegal.

That is, the actor automatically uses public funds without approval or permission (including direct express permission or indirect express acquiescence) in violation of rules and regulations. Among them, the rules and regulations are extensive, so the illegality of misappropriation has two meanings: one is to deliberately violate the rules and regulations concerning the management of public funds, and the other is to deliberately violate the rules and regulations concerning the use of public funds without legal approval or permission.

2. The original intention of misappropriation refers to the private use, misappropriation, occupation and borrowing of public funds. The purpose of the bill is to use rather than occupy public funds. Among them, the purpose of the behavior includes:

(1) misappropriate public funds for personal use;

(2) misappropriating public funds for illegal activities;

(3) Misappropriation of public funds for profit-making activities.

3, the characteristics of unauthorized borrowing

Misappropriation is not misappropriation of public funds, but preparation for return, which is characterized by unauthorized borrowing. Even if it cannot be returned after misappropriation, it is not due to the subjective and intentional possession of the actor, but an objective reason beyond the will of the actor.

Baidu encyclopedia-misappropriation of public funds