Can embezzlement be recovered?

1, misappropriation of public funds can be recovered, as the case may be:

(1) If it is confirmed that the judicial organ can successfully find the person who receives the reward, it can get the money back through effective work;

(2) All the stolen money has been squandered or the case is particularly complicated and may not be recovered.

2. Legal basis: Article 384th of the Criminal Law of People's Republic of China (PRC).

Crime of misappropriating public funds If a state functionary takes advantage of his position to misappropriate public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months, it is a crime of corruption and is sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. 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 years or life imprisonment.

Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

2. What are the constitutive elements of the crime of misappropriating public funds?

The constitutive elements of the crime of misappropriating public funds are as follows:

1, object element. The object of the crime of misappropriating public funds is mainly the ownership of public property, which also violates the national financial management system to some extent;

2. Main elements. The subject of the crime of misappropriating public funds is a special subject, that is, state workers are specific public servants;

3. objective factors. The objective aspect of the crime of misappropriating public funds is that the actor takes advantage of his position to misappropriate public funds for personal use and carry out illegal activities;

4. Subjective factors. The crime of misappropriating public funds has direct intention subjectively.