What does embezzlement of public funds mean?

Question 1: What is the crime of misappropriation of public funds? Misappropriation of public funds means that there is no corruption, but the use of public funds to do other things. It is not a legitimate use of public funds. It is not necessarily a civil servant who embezzles public funds, it may be a company. Or the leader of the company

Question 2: What does embezzlement of public funds mean? , will there be a sentence? If you secretly use the company's money, you will be sentenced.

Question 3: What does it mean to misappropriate public funds in a bad way? What does it mean to misappropriate public funds in a bad way? Pretending to be public for personal gain

Question 4: What is the crime of misappropriation of public funds? What should be the punishment? The following are the relevant provisions. The first paragraph is the definition, and the latter paragraph is the relevant punishment. If you don’t understand, you can ask. The relevant provisions are as follows:

Article 384 of the Criminal Law of the People’s Republic of China Crime of Misappropriation of Public Funds: If a state functionary takes advantage of his position to misappropriate public funds for personal use and engages in illegal activities, or if he misappropriates a relatively large amount of public funds and conducts profit-making activities, or if he misappropriates a large amount of public funds and fails to repay it for more than three months, he shall be punished. If the crime is misappropriation of public funds, the person 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 more than ten years or life imprisonment.

Anyone who misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief for personal use shall be severely punished.

Question 5: How to sentence someone who embezzles 10,000 public funds? According to Article 272 of the Criminal Law: "Staff of a company, enterprise or other unit take advantage of their position to misappropriate funds of the unit for personal use or lend to others, and the amount is relatively large and has not been repaid for more than three months, or even though Those who misappropriate a huge amount of the unit's funds, or who fail to return a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years." Let’s break down the following situations: 1. If the amount is relatively large and the amount is not repaid within 3 months, the person will be sentenced to a fixed-term imprisonment of not more than 3 years or criminal detention; in this case, there are two points to pay attention to, one is the amount and the other is the 3-month period. 2. If the amount is relatively large and the amount is repaid within 3 months, but the amount is used for profit-making activities, the person shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention. In this case, you only need to pay attention to one thing, and a larger amount is enough for profit-making activities. 3: Anyone who engages in illegal activities shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. In this case, regardless of the amount and whether it is returned within 3 months, it constitutes a crime. 4. Your situation does not involve a huge amount and will not be analyzed here.

The next step is to analyze what a huge amount is. According to the "Interpretation on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases Violating the Company Law for Accepting Bribery, Embezzlement, and Misappropriation", the larger amount is 10,000-30,000. The law only provides a range. It depends on your local specific standards, because the economic level of each place is different. For example, in Shanghai, 10,000 yuan is nothing. They may stipulate that misappropriation of 30,000 yuan only constitutes a crime. Tibet is relatively poor, and 10,000 yuan is a large number for them, so they may stipulate that the misappropriation of 10,000 yuan constitutes a crime. Let me now assume that your friend embezzled 12,000 yuan and can pay the money back within 3 months to analyze your friend's situation:

1. First, check whether your friend is engaged in illegal activities. If so, it constitutes a crime and there is nothing to say.

2. Unless you are doing illegal activities. It depends on whether your friend uses money to do profit-making activities. Then it depends on whether the amount is relatively large to determine whether it constitutes a crime. If the local stipulates that 12,000 yuan or more is the standard for the crime of misappropriation of funds, your friend will not commit a crime. If the local stipulates that 10,000 yuan---12,000 yuan is the standard, it will constitute a crime.

3. If you are not doing profit-making activities, but using it yourself or lending it to others, the only criterion is that the amount is relatively large. If the local stipulates that 12,000 yuan or more is the standard for the crime of misappropriation of funds, your friend will not commit a crime. If the local stipulates that 10,000 yuan---12,000 yuan is the standard, it will constitute a crime.

If you are satisfied, choose me.

In short, what your friend used the money for is very important. Secondly, whether it can be exchanged within 3 months is also very important. Another thing is that it depends on the specific standards for the crime of misappropriation of funds in your area. Your friend may be guilty of misappropriation of funds, not embezzlement of public funds. Because your friend is a company employee, not a state worker.

Question 6: What is the starting point for conviction of misappropriation of public funds? The crime of misappropriation of public funds refers to a state employee who takes advantage of his or her position to misappropriate public funds for personal use and conduct illegal activities, or to misappropriate public funds in a relatively large amount for Profit-making activities, or misappropriation of public funds in a relatively large amount that has not been repaid for more than three months. The author believes that to correctly identify the crime of misappropriation of public funds, attention should be paid to drawing clear boundaries in the following aspects.

1. The boundary between crime and non-crime

The boundary between crime and non-crime.

1. For those who misappropriate public funds to carry out illegal and criminal activities, 5,000 yuan is generally used as the starting point for criminal liability, and there is no restriction on the length of misappropriation; 2. For those who misappropriate public funds for profit-making activities, the starting point for criminal liability is generally 5,000 yuan. The starting point for criminal liability is the larger amount, that is, the misappropriation of 10,000 to 30,000 yuan, and is not limited by the length of the misappropriation; 3. If the misappropriation of public funds is for personal use, the larger amount, that is, the misappropriation of 10,000 to 30,000 yuan, is also considered as the starting point for criminal liability. Yuan is the starting point for criminal liability, but it is also subject to the restriction of failure to repay for more than three months. If the amount of public funds misappropriated is relatively large and it exceeds three months but has been returned in full before the incident, it may not be considered a crime and will be dealt with by the competent department in accordance with political discipline; If the principal and interest have been fully repaid before the issuance, as long as it is prosecuted according to law, the criminal liability shall still be investigated for the crime of misappropriation of public funds; 4. Misappropriation of national disaster relief, emergency rescue, flood prevention, flood control, preferential care, poverty alleviation, immigration, and relief funds for personal use The amount standard for conviction is based on the amount standard for misappropriating public funds for personal use for illegal activities, that is, 5,000 yuan is the starting point for conviction; 5. State workers misappropriate the funds of contracted or leased enterprises or other economic organizations for contracting, leasing, etc. If the purpose other than the rental project is for personal use, resulting in the failure of the contract or lease contract to be honored, the person shall be convicted and punished for the crime of misappropriation of public funds.

2. The boundaries between the crime of misappropriation of public funds and the crime of corruption

The crime of misappropriation of public funds and the crime of corruption are similar. The main differences are: 1. The objects of the crime are not exactly the same. As far as property infringement is concerned, the former infringes upon the right to possess and use public funds; the latter infringes upon the overall ownership of public property. 2. The objects of crime are not exactly the same. The former is in principle limited to public funds and includes specific public properties with exceptions; the latter includes both public funds and public properties. 3. Criminal behavior is different. The former is just misappropriation of public funds, that is, temporary possession and use of public funds; the latter is the illegal taking of public property as one's own by embezzling, stealing, defrauding or other means. 4. The content of criminal intent is different. The former is for temporary possession and use of public funds and has the intention of return; the latter is for permanent illegal possession and has no intention of return. Therefore, those who abscond with embezzled public funds should be convicted and punished according to the crime of corruption.

3. The boundaries between the crime of misappropriation of public funds and the crime of misappropriation of funds

The crime of misappropriation of public funds and the crime of misappropriation of funds are both intentional crimes subjectively, and both have the purpose of misappropriating and using unit funds; objectively All aspects are manifested as the behavior of misappropriating unit funds by taking advantage of one's position; the behavior includes three situations: namely, the misappropriation of funds "for more than three months without repayment" type, the misappropriation of funds "on a business basis" type, and the misappropriation of funds "for illegal purposes". activity" type. The main differences between the two are:

1. The criminal subjects are different. This is the essential difference between the two crimes. The criminal subject of the crime of embezzlement of public funds is a state employee; the criminal subject of the crime of misappropriation of funds can only be composed of non-state employees in non-state-owned units. If a person engaged in official duties in a state-owned company, enterprise or other state-owned unit, or a person assigned by a state-owned unit to perform official duties in a non-state-owned company, enterprise or other unit, misappropriates unit funds, he shall be convicted and sentenced for the crime of misappropriation of public funds.

2. The object of crime and the object of infringement are different. The criminal object of the crime of misappropriation of public funds is public funds, mainly state-owned funds; while the criminal object of the crime of misappropriation of funds is the funds of non-state-owned units.

4. The boundaries between the crime of misappropriation of public funds and the crime of misappropriation of specific funds and property

The criminal subjects of these two crimes are those who handle and manage public property; both violate the public The ownership of public property, the criminal objects are all public property; they are all manifested in the misappropriation of public property for other purposes, which are both crimes of misappropriation; the misappropriation behavior takes advantage of the convenience of one's position. The main differences between the two crimes are:

1. The object of the violation is different from the object of the crime. The crime of misappropriation of public funds infringes upon the ownership of public property and the construction of the national integrity system, and the object of the crime can generally only be public funds. The crime of misappropriating specific funds and property mainly infringes on public property ownership and civil affairs work procedures, and its criminal objects are limited to disaster relief, relief, emergency rescue, flood prevention, preferential treatment, poverty alleviation, and immigration funds and property.

2. The objective requirements are different. Misappropriation of public funds is the misappropriation of public funds for personal use... >>

Question 7: What is the crime of misappropriation of public funds? 1. Concept

The crime of misappropriation of public funds refers to state workers, Taking advantage of one's position to misappropriate public funds for personal use and conduct illegal activities, or misappropriating a relatively large amount of public funds for profit-making activities, or misappropriating a large amount of public funds and not repaying it for more than three months.

(1) Subject

The subject of this crime is a special subject, that is, a state worker.

Including:

(1) Staff of state agencies;

(2) Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations;

(3) Personnel assigned by state agencies, state-owned companies, enterprises, institutions, and people's organizations to perform official duties in non-state-owned companies, enterprises, institutions, and social groups;

(4) Others who perform official duties in accordance with the law

According to the legislative interpretation of Article 93, paragraph 2, of the Criminal Law issued by the Standing Committee of the National People's Congress on April 29, 2000: Personnel from village committees and other grassroots organizations assisting the people's government in engaging in the following administrative work are "Other persons engaged in official duties in accordance with the law" as stipulated in Article 93, Paragraph 2 of the Criminal Law: ① Management of funds and materials for disaster relief, emergency rescue, wind prevention, special care, poverty alleviation, immigration, and relief; ② Management of funds and materials donated to public welfare undertakings; ③ State-owned Operation and management of land; ④ management of land acquisition compensation fees; ⑤ tax collection and payment; ⑥ related to family planning, household registration, and military recruitment; ⑦ assisting the people's government in other administrative work. In addition to the personnel identified in the above-mentioned legislative interpretations, other personnel engaged in official duties in accordance with the law include: ① deputies to the People’s Congress at all levels who perform their duties in accordance with the law; ② members of the People’s Political Consultative Conference at all levels who perform their duties in accordance with the law; ③ people who perform judicial duties in accordance with the law. Jurors; ④ Personnel from village committees, residents' committees and other rural and urban grassroots organizations who assist township people's governments and sub-district offices in administrative work; ⑤ Other personnel authorized by law to engage in official duties.

State personnel engaged in official duties in state agencies. Personnel who engage in official duties in state-owned companies, enterprises, institutions and people's organizations; persons who are appointed by state-owned units to perform official duties in non-state-owned units; other persons who engage in official duties in accordance with the law.

(2) Subjective aspect

The subjective aspect of this crime is direct intentionality. The perpetrator knowingly misappropriated public funds for other purposes, and the purpose of the crime was to illegally obtain the right to use public funds. . The motive does not affect the conviction of this crime.

(3) Object

The object violated by this crime is the national financial management system and the right to use public funds. Including: first, the ownership of state-owned property; second, the ownership of collective property of the working people; third, the ownership of social donations or special funds used for poverty alleviation and other public welfare undertakings; fourth, the ownership of property in state agencies, state-owned companies, enterprises, collectives Ownership of private property managed, used or transported by enterprises and people's organizations: fifth is the ownership of funds of non-state-owned companies, enterprises and other non-state-owned units; sixth is the ownership of client funds in non-state-owned financial institutions. The main object of this crime is public funds. This includes both national and collectively owned monetary funds, as well as privately owned currencies managed, used, transported, exchanged and stored by the state.

(4) Objective aspect

The objective aspect of this crime is that the perpetrator took advantage of his position, misappropriated public funds for personal use, carried out illegal activities, or misappropriated a relatively large amount. Conducting profit-making activities using large amounts of public funds, or misappropriating large amounts of public funds without repaying them for more than three months. It contains three elements: (1) The perpetrator committed an act of misappropriation of public funds, that is, the perpetrator diverted public funds for other purposes without legal approval. (2) The perpetrator’s misappropriation of public funds was carried out by taking advantage of his position as a supervisor, manager, and handler of public funds. (3) The public funds misappropriated by the perpetrator are for personal use. The so-called personal use includes not only being used by the misappropriator himself, but also being handed over or loaned to others by the misappropriator.

2. Punishment

Article 384: The crime of misappropriation of public funds: State functionaries take advantage of their positions to misappropriate public funds for personal use, carry out illegal activities, or misappropriate public funds Anyone who engages in profit-making activities in a relatively large amount, or who misappropriates public funds in a relatively large amount and fails to repay it for more than three months, is guilty of misappropriation of public funds 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 fails to return it shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment.

Anyone who misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief for personal use shall be severely punished.

3. Understanding the relevant circumstances of the crime of misappropriation of public funds

(1) Standards for filing the case

1. Judicial interpretation stipulates: Misappropriation of public funds is for personal use, and the amount is within 5,000 yuan to more than 10,000 yuan for illegal activities; embezzlement of public funds between 10,000 yuan and more than 30,000 yuan for personal profit-making activities;......>>

Question 8: How to deal with misappropriation of public funds Article 384 of the Criminal Law stipulates: Where a state functionary takes advantage of his position to misappropriate public funds for personal use and engages in illegal activities, or misappropriates a relatively large amount of public funds for profit-making activities, or misappropriates If the amount of public funds is relatively large and has not been repaid for more than three months, it is a crime of misappropriation of public funds and the person 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 more than ten years or life imprisonment.

Question 9: The difference between official embezzlement and misappropriation of public funds. Misappropriation of public funds refers to state workers and those who manage state property taking advantage of their positions to misappropriate public funds for personal use, conduct illegal activities, or misappropriate public funds. Conducting for-profit activities with a relatively large amount of money, or misappropriating public funds with a large amount of money and not repaying it for more than 3 months.

Occupational embezzlement refers to the behavior of personnel of a company, enterprise or other unit who take advantage of their position to illegally appropriate the property of their own unit.

The subjects of the two are different. Misappropriation of public funds can only be committed by state functionaries; while job embezzlement can only be committed by company or enterprise personnel other than state functionaries. (2) The objects of the two are different. Misappropriation of public funds infringes on the integrity of state personnel and the ownership of public property; while acts of embezzlement on official duties infringe on the property ownership of companies and enterprises and the state's party management order of companies and enterprises. (3) The objects of the two are different. The direct object of misappropriation of public funds can only be public property; while the real direct object of official embezzlement can be either public property or private property. (4) Different purposes. Job embezzlement subjectively has the purpose of illegal possession, and misappropriation of public funds is not for the purpose of illegal possession. Misappropriation of public funds and embezzlement of position are two crimes.

Non-state staff:

Article 271: The crime of official embezzlement is committed by a company, enterprise or other unit personnel who takes advantage of their position to illegally appropriate the property of their unit. If the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than five years, and may also be subject to confiscation of property.

If a person engaged in official duties in a state-owned company, enterprise or other state-owned unit and a person assigned by a state-owned company, enterprise or other state-owned unit to a non-state-owned company, enterprise or other unit to engage in official duties commit any act in the preceding paragraph, he or she shall be punished in accordance with the preceding paragraph. The crime of corruption in Article 382 of this Law and the provisions of Article 383 of this Law shall constitute conviction and punishment.

Article 272: The crime of misappropriation of funds: A staff member of a company, enterprise or other unit who takes advantage of his or her position to misappropriate funds of the unit for personal use or lends them to others, the amount being relatively large or exceeding If the amount is not repaid for three months, or if the amount is not more than three months, but the amount is relatively large, and if the amount is engaged in profit-making activities, or if the amount is illegal, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount of the unit's funds is misappropriated in a huge amount, or the amount is Those who fail to return the larger amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

If a person engaged in official duties in a state-owned company, enterprise or other state-owned unit and a person assigned by a state-owned company, enterprise or other state-owned unit to a non-state-owned company, enterprise or other unit to engage in official duties commit any act in the preceding paragraph, he or she shall be punished in accordance with the preceding paragraph. Article 384 of this Law provides for conviction and punishment for the crime of misappropriation of public funds.

State staff:

Article 384: The crime of misappropriation of public funds: State staff take advantage of their position to misappropriate public funds for personal use, carry out illegal activities, or misappropriate Anyone who engages in profit-making activities with a relatively large amount of public funds, or who misappropriates a large amount of public funds and fails to repay them for more than three months, is guilty of misappropriation of public funds 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 fails to return it shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment.

Anyone who misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief for personal use shall be severely punished.

It won’t be serious if you pay it off within three months