How to punish the return before misappropriation of public funds?

Still punished according to the crime of misappropriating public funds, and those who return part or all of the principal and interest before the incident may be given a lighter punishment; If the circumstances are minor, punishment may be exempted. Can not be exempted from criminal responsibility. The crime of misappropriating public funds 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.

Legal analysis

The crime of misappropriating public funds refers to the behavior of state functionaries who use their position to misappropriate public funds for personal use to engage in illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months. 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 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. In accordance with the provisions of the state, if the principal is fully returned more than three months before the crime is committed, the punishment may be lightened or exempted. Therefore, the sentencing for misappropriation of public funds at this time still depends on the amount of misappropriation. If the amount is huge, it will still be punished.

legal ground

Article 384 of the Criminal Law of People's Republic of China (PRC) * * * State functionaries who take advantage of their positions to 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 for more than three months, are guilty of corruption 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.