How to sentence embezzlement of 20,000 yuan?

In less than five years, public funds shall be turned over to the public, and individuals shall not misappropriate public funds for their own use. If they misappropriate public funds, it is illegal and criminal, and if the amount of misappropriation of public funds reaches a large amount, it constitutes a crime. If the amount of the crime of misappropriating public funds reaches 20,000 yuan, it is relatively large, and the benchmark punishment is fixed-term imprisonment of not more than five years or criminal detention. Criteria for filing the crime of embezzlement of public funds: 1. Embezzlement of public funds for personal use, with the amount ranging from 5000 yuan to 1000 yuan, and engaging in illegal activities; 2. The amount of misappropriation of public funds is 1 10,000 yuan to 30,000 yuan, which is used by individuals for profit-making activities; 3, misappropriation of public funds for personal use, the amount of 1 10,000 yuan to 30,000 yuan, more than 3 months has not been returned. Misappropriation of public funds of 20,000 yuan constitutes a crime of misappropriation of public funds and should be put on file.

1. Take advantage of his position to misappropriate the funds of his own unit for personal use or lend them to others. Among them, "personal use" includes the following three situations:

1. Provide the funds of this unit to myself, relatives and friends or other natural persons;

2. Use the funds of this unit for other units in the name of an individual;

3. Individuals decide to use their own funds for other units in the name of the unit to seek personal interests.

Two, constitute the crime of misappropriation of unit funds or customer funds must meet the following four conditions at the same time:

1. The subject of this crime must be the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions. The "staff of other financial institutions" here refers to institutions engaged in financial business such as trust and investment and financial leasing. Except for the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies and insurance companies such as trust and investment companies, financial leasing companies and finance companies.

2. The actor must be intentional subjectively, not due to the fault of his work or his inexperience in business. The misappropriated funds are for personal use or lent to others.

3. the behavior of the actor using his position to misappropriate the funds of the unit or the client. "Taking advantage of his position" refers to the convenience conditions formed by the subjects listed in this paragraph by taking advantage of the power or authority to be in charge, responsible or handle a certain business. "Misappropriation of funds of the Company or its customers" refers to unauthorized misappropriation of funds owned or controlled by the Company and funds deposited by the Company's customers or entrusted by the Company for settlement, remittance and custody. Fourth, the actor misappropriates the funds of the unit or the client without authorization, and it must meet the statutory conditions before it can constitute a crime.

Three, because the provisions are too brief, it may lead to misunderstanding. The key points to note are:

1. The standard of "large amount" of misappropriated funds is 654.38+10,000 yuan, and the starting point of "illegal behavior" of misappropriated funds is 60,000 yuan.

2. The "huge amount" of misappropriation of funds cannot be compared with the "huge amount" of misappropriation of public funds, but should be compared with the "serious circumstances" of misappropriation of public funds. The "huge amount" of misappropriation of funds is usually 4 million yuan, and the "huge amount" of illegal acts is 2 million yuan.

3. Compared with the case of misappropriation of public funds, the general standard is 2 million yuan, and the standard of illegal behavior is 6,543.8+0,000 yuan.

Legal basis:

Criminal law of the people's Republic of China

Article 384

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, are guilty of corruption and are 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.