How to deal with public officials taking state funds?

The act of extorting state funds from state officials is usually sentenced for corruption. However, in the Criminal Law of People's Republic of China (PRC), there are several different sentencing ranges for the crime of corruption. The lightest punishment is fixed-term imprisonment of not more than three years or criminal detention and a fine. The most severe punishment standard is life imprisonment or death penalty, and all personal property is confiscated.

1. How to sentence a public official for taking state funds?

Public officials are convicted of corruption by taking state funds, and the sentencing standard of corruption needs to be analyzed according to the circumstances of the crime.

Criminal law of the people's Republic of China

Article 383 Whoever embezzles shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) Whoever embezzles a huge amount or has other serious circumstances 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 10 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 and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.

If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.

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. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third provisions, a lighter punishment may be given.

If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, 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.

2. What is the filing standard for public officials to take state funds?

If a public official is suspected of misappropriating state funds of more than 30,000 yuan but less than 200,000 yuan, or misappropriating state funds of more than 10,000 yuan but less than 30,000 yuan, he can be convicted of corruption under any of the following circumstances:

(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;

(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;

(3) Being criminally investigated for intentional crimes;

(four) the stolen money is used for illegal activities;

(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(6) Causing adverse effects or other serious consequences.

It is illegal for public officials to accept state funds. In judicial practice, the means by which public officials obtain state funds cannot be summarized here, but this practice of taking advantage of their positions is essentially corruption. The sentencing standard of corruption mainly depends on the amount of corruption and the circumstances of the crime.