Sentencing standards for the crime of misappropriation of public funds

According to the provisions of Article 384, paragraph 1, of the Criminal Law, the sentencing range and punishment method for the crime of misappropriation of public funds are:

1. Anyone who commits the crime of misappropriating public funds shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention

2. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

3. Those who misappropriate huge amounts of public funds and fail to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Misappropriation of public funds refers to state personnel who take advantage of their positions to misappropriate public funds for personal use and engage in illegal activities, or who misappropriate a relatively large amount of public funds for profit-making activities, or who misappropriate a relatively large amount of public funds for profit-making activities. Failure to repay for more than 3 months.

Extended information:

Misappropriation of public funds is illegal

That is, the perpetrator does not have approval or permission (including direct express permission or indirect express acquiescence), Use public funds privately in violation of rules and regulations. Among them, rules and regulations are extensive. Therefore, the illegality of misappropriation has two meanings: first, intentional violation of rules and regulations related to the management of public funds; second, intentional violation of rules and regulations related to the use of public funds without legal approval or permission.

The original meaning of misappropriation refers to the private use, diversion, occupation and borrowing of public funds. The purpose of the behavior is to use, not to possess, public funds. Among them, the purpose of the behavior includes:

(1) Misappropriation of public funds for personal use;

(2) Misappropriation of public funds for illegal activities;

(3) Misappropriation Public funds are used for profit-making activities.

Characteristics of unauthorized borrowing

Misappropriation does not embezzle public funds, but is intended to be returned, which has the characteristics of unauthorized borrowing. Even if the property cannot be returned after misappropriation, it is not due to the subjective and intentional possession of the actor, but due to objective reasons beyond the will of the actor.

Baidu Encyclopedia Criminal Law of the People's Republic of China

Baidu Encyclopedia Misappropriation of Public Funds