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How many years can I get for misappropriating public funds and returning them all before the case of 1 million?
Extended information:
Anyone who misappropriates 1 million yuan of public funds shall be deemed to have serious circumstances, and the minimum penalty shall be fixed-term imprisonment of not less than five years, and the maximum is fixed-term imprisonment of fifteen years.
Article 384 of the Criminal Law stipulates that any state functionary who, by taking advantage of his position, misappropriates public funds for personal use and engages in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds and fails to pay it back for more than three months, is guilty of embezzlement 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 does not return it shall be sentenced to fixed-term imprisonment of not less than 1 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery Article 5 Whoever misappropriates public funds for personal use and engages in illegal activities, if the amount is more than 3, yuan, shall be investigated for criminal responsibility for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; If the amount is more than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "the circumstances are serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: < P > (1) The amount of misappropriation of public funds is more than one million yuan;
(2) misappropriating specific funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, resettlement and relief, with an amount of more than 5, yuan but less than 1 million yuan;
(3) misappropriation of public funds is not refundable, and the amount is more than 5, yuan but less than 1 million yuan;
(4) Other serious circumstances.
according to the provisions of article 266 of the criminal law of the people's Republic of China, whoever swindles public or private property in a large amount shall file a case. The crime of fraud is a crime of amount, and the perpetrator must reach the standard of "large amount" to defraud public and private property by fraud, so as to constitute the crime of fraud and be investigated. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Fraud Cases:
1. Individuals who defraud public or private property of more than 2, yuan are considered as "relatively large".
2. individuals who defraud public or private property of more than 3, yuan belong to a "huge amount".
3. individuals who defraud public or private property of more than 2, yuan belong to "extremely huge amount". The huge amount of fraud is an important part of the crime of fraud, but it is not the only plot.
sentencing standards for fraud:
1. Article 266 of the Criminal Law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;
3. If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated.
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