What is the crime of embezzling state property?

What are the provisions of the crime of illegal possession of state-owned property?

The crime of illegal possession of state-owned property stipulates that it shall be sentenced to fixed-term imprisonment of not more than three years. Whoever causes heavy losses to the interests of the state, or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. This is stipulated in articles 169 and 396 of the criminal law.

1. What are the provisions of the crime of illegal possession of state-owned property?

The crime of illegal possession of state-owned property is punishable by imprisonment of not more than three years, and malicious possession of state-owned assets is suspected of privately dividing state-owned assets; Crime of misappropriating property, corruption, etc.

criminal law

Article 169 the crime of converting state-owned assets into shares at a low price or selling state-owned assets for personal gain. If a state-owned company, enterprise or the person in charge who is directly responsible by the competent department at a higher level, for personal gain, converts state-owned assets into shares at a low price or sells them at a low price, thus causing heavy losses to national interests, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 396 Crime of dividing state-owned assets privately; Crime of Confiscating Property Privately State organs, state-owned companies, enterprises, institutions and people's organizations, in violation of state regulations, collectively share state-owned assets with individuals in the name of units. If the amount is relatively large, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 382 Any state functionary who embezzles, steals, cheats or illegally occupies public property by other means by taking advantage of his position is guilty of corruption.

Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption.

Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.

Second, what are the other legal provisions of the criminal law?

Article 384 Crime of misappropriating public funds State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds and fail to pay it back for more than three months, are guilty of embezzlement and are 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.

It is impossible to maliciously occupy state property. After all, it belongs to the state collective, not the property owned by individuals. Therefore, infringement of state property requires a certain criminal price and is sentenced to fixed-term imprisonment.