How to judge the return before the crime of misappropriating public funds

Misappropriation of public funds is more common in this era. Misappropriation of public funds refers to people in government agencies. Many people have embarked on the road of crime because they can't resist the temptation of money. Then, if the criminal returns all the funds before committing the crime, will he still be sentenced? According to the above description, I have compiled relevant legal knowledge, hoping to help you.

How to judge the return before the crime of misappropriating public funds

According to the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Cases of Misappropriation of Public Funds issued by the Supreme People's Court (1implemented on May 9, 1998), when sentencing cases of misappropriation of public funds, we should pay attention to the following issues:

1. Misappropriation of public funds is for personal use, including the use of the embezzler himself or others. Misappropriation of public funds to private companies and enterprises belongs to misappropriation of public funds for personal use.

2. Misappropriating public funds that are earning interest or need to pay interest for personal use, and the amount is relatively large, but all the principal is returned more than three months before the incident, and the punishment may be given a lighter punishment or exempted. The loss of interest caused to the state and the collective should be recovered. If the amount of misappropriation of public funds is huge, more than three months, and all of them have been returned before the incident, a lighter punishment may be given as appropriate.

3. Misappropriation of public funds is a large amount, and it belongs to individuals who engage in profit-making activities, which constitutes the crime of misappropriation of public funds, and is not limited by the time of misappropriation and whether to return it. If part or all of the principal and interest are returned before the incident, a lighter punishment may be given; If the circumstances are minor, punishment may be exempted. Misappropriation of public funds deposited in banks to raise funds, buy stocks, government bonds, etc. Belonging to misappropriation of public funds for profit-making activities. The illegal gains such as interest and income obtained shall be recovered, but the amount of misappropriation of public funds by people shall not be calculated.

4, misappropriation of public funds for personal use, gambling, smuggling and other illegal activities, constitute the crime of misappropriation of public funds, not limited by a large amount and misappropriation time.

Crime of misappropriating public funds

According to the provisions of Article 384 of the Criminal Law of People's Republic of China (PRC), the crime of misappropriating public funds refers to the behavior of state functionaries who, taking advantage of their positions, misappropriate public funds for personal use, engage in illegal activities, or misappropriate public funds for profit-making activities, with a large amount, or misappropriate public funds for more than three months.

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.

The subject of the crime of misappropriating public funds is a special subject, that is, national staff. The connotation and extension of national staff mentioned here are basically the same as those mentioned in the crime of corruption. It is also a specific and official (responsibility).

State functionaries who constitute the crime of misappropriating public funds include: State functionaries who are engaged in official duties in state organs. Personnel engaged in public services in state-owned companies, enterprises and institutions and people's organizations; Personnel assigned by state-owned units to non-state-owned units to engage in official duties; Other personnel engaged in public affairs according to law.