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How many years can you get for embezzlement?
The amount standard of the crime of misappropriating public funds is as follows:
1, misappropriating public funds for personal use, and the amount is more than 5,000 yuan to 1 0,000 yuan, which is illegal;
2, misappropriation of public funds in the amount of 20 thousand yuan to 30 thousand yuan, owned by individuals for profit-making activities;
3, misappropriation of public funds for personal use, the amount of more than 20 thousand yuan to 30 thousand yuan, more than 3 months did not return.
Criteria for filing the crime of misappropriating public funds;
1. If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
2. If the amount of corruption 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 or confiscated.
3. If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge, causing particularly heavy losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death, and his property shall be confiscated.
4. If repeated corruption is not handled, the punishment shall be superimposed according to the accumulated amount of corruption or serious circumstances.
5. Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, and actively returns stolen goods to avoid or reduce the occurrence of damage results. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third restrictions, a lighter punishment may be given.
6. If a person commits the crime mentioned in the first paragraph and is sentenced to probation in the third restrictive situation, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.
To sum up, the act of misappropriating public funds must actually meet the prescribed filing standards before it can be recognized as a crime. Legally, the standard for filing this crime has been adjusted accordingly. In practice, the amount of misappropriation of public funds reaches a certain standard or there are legal circumstances, which can constitute this crime. In addition, it should also be considered that only national staff, that is, people with special subject identity, can constitute this crime.
Legal basis:
Article 384th of the Criminal Law of People's Republic of China (PRC)
Crime of misappropriating public funds If a state functionary takes advantage of his position to misappropriate public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months, it is a crime of corruption and is 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.
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