Job Recruitment Website - Ranking of immigration countries - Can the crime of misappropriation of funds be mediated?
Can the crime of misappropriation of funds be mediated?
The crime of misappropriation of funds can be mediated. Those who misappropriate a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the amount of misappropriation is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever misappropriates a particularly large amount shall be sentenced to fixed-term imprisonment of not less than seven years. If a criminal settlement agreement is reached through mediation, the punishment may be lenient on the above basis. Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others, and fails to pay them back for more than three months, or engages in profit-making activities or illegal activities for less than three months, shall be sentenced to fixed-term imprisonment or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted. Article 384 of the Criminal Law of People's Republic of China (PRC) 68 State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months, shall be punished as corruption and 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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