2023 Sentencing Standards for the Crime of Embezzlement

The 2023 sentencing standards for the crime of job embezzlement are as follows:

1. The sentencing standard for the crime of job embezzlement is that if the amount is relatively large, the sentence will be fixed-term imprisonment of not more than three years or criminal detention, and a fine;

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2. If the amount is huge, 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;

3. If the amount is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; Penalties.

In any of the following circumstances, the amount of punishment can be increased accordingly and the base punishment can be adjusted, but the cumulative increase in the amount of punishment must not exceed the base punishment:

1. The act of occupational embezzlement seriously affects production If the offender operates a business or causes other serious losses, the base penalty may be increased by not more than 30%; if the two circumstances are met at the same time, the base penalty may be increased by not more than 10%;

2. For repeated occupational embezzlement, the base penalty may be increased The penalty shall be not more than 20 days;

3. If the official embezzles funds and materials used to prevent and control sudden infectious diseases and other disasters, the base penalty may be increased to not more than 20 days;

4. Those who embezzle funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and donations may be increased by not more than 20% of the base penalty;

5. The money embezzled by official duties is used for illegal activities such as drug abuse, gambling, etc. For criminal activities, the base sentence may be increased by up to 20%.

To sum up, the starting point for the "relative amount" and "huge amount" in the crime of official embezzlement is two times or five times the amount standard stipulated in this Interpretation for the crime of bribery and corruption. times executed.

Legal basis:

Article 271 of the "Criminal Law of the People's Republic of China"

Office embezzlement company, enterprise or other unit A staff member who takes advantage of his position to illegally appropriate the unit's property for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. imprisonment and a fine; if the amount is particularly huge, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined.

Persons engaged in official duties in state-owned companies, enterprises or other state-owned units and persons assigned by state-owned companies, enterprises or other state-owned units to non-state-owned companies, enterprises or other units to engage in official duties commit the crime of corruption. , convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.