Crime of misappropriating public funds in Article 384 of the Criminal Law

Whoever commits 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. Interpretation of 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 30,000 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 "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than one million yuan; (2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan; (three) misappropriation of public funds is not returned, and the amount is less than 500 thousand yuan/kloc-0 million yuan; (4) Other serious circumstances. Article 6 Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to pay them back for more than three months, and the amount is more than 50,000 yuan, shall be deemed as "a large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount is more than 5 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 "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than 2 million yuan; (two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount is more than one million yuan but less than two million yuan; (three) misappropriation of public funds, the amount of more than one million yuan but less than two million yuan; (4) Other serious circumstances.

Legal objectivity:

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.