Sentencing standard of the crime of misappropriating public funds

The sentencing standards for the crime of misappropriating public funds are as follows:

1. Whoever misappropriates public funds of more than 30,000 yuan and engages in profit-making activities, and fails to pay back more than 50,000 yuan for more than three months, if the amount is relatively large, shall put on record and 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 five years; In any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated by relevant laws:

(1) misappropriating public funds of more than one million yuan;

(2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan;

(three) misappropriation of public funds will not be returned, and the amount is more than five hundred thousand yuan but less than one million yuan;

(4) Other serious circumstances.

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

Legal basis: Article 185th of the Criminal Law of People's Republic of China (PRC).

Crime of misappropriation of funds. Staff members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions who take advantage of their positions to misappropriate the funds of their own units or clients shall be convicted and punished in accordance with the provisions of Article 272 of this Law.

Crime of misappropriating public funds: Staff members of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, and personnel appointed by state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions to engage in official duties in non-state-owned institutions listed in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.