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Criteria for reporting funds for poverty alleviation through corruption

Legal subjectivity:

According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and other laws, the standards for filing cases directly accepted by people's procuratorates are as follows: 1. Corruption and Bribery Cases (1) Corruption cases (Article 382, Article 383, Article 183, Paragraph 2, Article 2765433) "Taking advantage of one's position" refers to taking advantage of the authority and convenience of taking charge of, managing and handling public property, entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations. "Entrusted management and operation of state-owned property" refers to the management and operation of state-owned property due to contracting, leasing and employment. Staff members of state-owned insurance companies and personnel assigned by state-owned insurance companies to engage in official business in non-state-owned insurance companies take advantage of their positions to deliberately fabricate insurance accidents that have never happened to make false claims and defraud insurance money for their own use, and shall be investigated for criminal responsibility for corruption. Personnel engaged in official business in state-owned companies, enterprises or other state-owned units, and personnel assigned by state-owned companies, enterprises or other state-owned units to engage in official business in non-state-owned companies, enterprises or other non-state-owned units, who take advantage of their positions to illegally obtain property from their own units, shall be investigated for criminal responsibility for corruption. State functionaries who accept gifts in domestic official activities or foreign exchanges shall hand them in according to state regulations and shall not hand them in. If the amount is relatively large, criminal responsibility shall be investigated for corruption. Anyone suspected of one of the following circumstances shall be placed on file: 1, and the amount of personal corruption is more than 5,000 yuan; 2. The amount of personal corruption is less than 5,000 yuan, but it has the circumstances of corruption and disaster relief, emergency rescue, flood prevention, epidemic prevention, special care, poverty alleviation, immigration, disaster relief funds and materials, stolen money and goods, confiscation of funds and materials, temporary withholding of funds and materials, bad means of corruption, destruction of evidence, transfer of stolen goods, etc. Duty embezzlement, article 27 1. Personnel of companies, enterprises or other units who illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. The standards for large amount and huge amount are different in different regions.

Legal objectivity:

Article 383 of the Criminal Law Whoever commits the crime of corruption shall be punished according to the following provisions according to the seriousness of the case: (1) If the amount of corruption is relatively large 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 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.