Is it illegal to misappropriate 65438+ ten thousand public funds?

Legal analysis: According to the relevant laws and regulations of our country, it is still illegal to return the corrupt public funds of 654.38+10,000 yuan, but the punishment can be lightened or mitigated.

Legal basis:

Article 62 of the Criminal Law of People's Republic of China (PRC) If a criminal has the circumstances of heavier punishment or lighter punishment as stipulated in this Law, he shall be sentenced to punishment within the limits of statutory punishment.

Article 63 If a criminal has the circumstances of mitigating punishment as stipulated in this Law, he shall be sentenced to a punishment less than the statutory punishment; If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range. Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.

Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in 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 without paying them back, is guilty of corruption and shall be 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.

The crime of misappropriating public funds (Article 384, Article 185, Paragraph 2, Article 272) in the Provisions of the Supreme People's Procuratorate on the Standards for the Investigation of Cases Directly Accepted by People's Procuratorates (Trial) refers to the crime of misappropriating public funds for personal use or misappropriating a large amount of public funds for profit-making activities. Staff of state-owned financial institutions and personnel assigned by state-owned financial institutions to non-state-owned financial institutions who misappropriate the funds of their own units or clients by taking advantage of their positions shall be investigated for criminal responsibility for the crime of misappropriation of public funds. Personnel engaged in official business in state-owned companies, enterprises or other state-owned units, as well as personnel appointed by state-owned companies, enterprises or other state-owned units to engage in official business in non-state-owned companies, enterprises and other units, take advantage of their positions and misappropriate the funds of their own units for personal use or lend them to others. If the amount is relatively large, it has not been paid back for more than three months, or the amount is not more than three months, engaging in profit-making activities or illegal activities, criminal responsibility shall be investigated for the crime of misappropriating public funds.

Anyone suspected of one of the following circumstances shall be placed on file: 1, misappropriating public funds for personal use, with an amount of more than 5,000 yuan to 1 0,000 yuan, engaging in illegal activities, 2, misappropriating public funds with an amount of more than 1 0,000 yuan to 30,000 yuan, and engaging in profit-making activities by individuals; 3, misappropriation of public funds for personal use, the amount of 6.5438+0 million yuan to more than 30 thousand yuan, more than 3 months did not return. The people's procuratorate at the provincial level may, according to the local actual situation, determine the specific amount standard implemented in the local area within the above-mentioned amount range and report it to the Supreme People's Procuratorate for the record. "Misappropriation of public funds for personal use" includes both the personal use of the embezzler and the use of others. If public funds are misappropriated for many times and are not returned, the amount of misappropriated public funds shall be calculated cumulatively; Misappropriating public funds for many times and returning the later misappropriated public funds to the former misappropriated public funds, the amount of misappropriation of public funds shall be determined by the amount not returned at the time of committing the crime. In the case of misappropriating public funds for other individuals, if the user colludes with the embezzler, instigates or participates in planning to obtain the misappropriated funds, the criminal responsibility of the user shall be investigated for the crime of misappropriating public funds.