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Is corruption prosecuted to the court or reported to the public security organ?
The crime of misappropriating public funds belongs to the category of duty crime. The anti-corruption and bribery bureau of the procuratorate filed a case for investigation. If it is suspected of embezzlement, the procuratorate will file a public prosecution with the court. Misappropriation of public funds belongs to individual profit-making activities, and the amount is relatively large. This refers to the misappropriation of a large number of public funds as the capital of corrupt or other people's profit-making activities. For example, the embezzler himself or others will use the misappropriated public funds for production, operation and house rental, and deposit them in the bank or lend them to others for personal gain as the share capital of individuals participating in business activities. If the actor lends the misappropriated public funds to enterprises, institutions and groups in his own name for personal gain, whether these units use the misappropriated public funds for profit-making activities or not, it should be considered as the crime of misappropriation of public funds. Misappropriation of public funds is used by individuals for purposes other than the above-mentioned illegal acts and profit-making activities, and the amount is relatively large and has not been paid back for more than three months.
If the amount of misappropriation of public funds is relatively large, more than three months, and all the principal has been returned before the incident, the punishment may be lightened or mitigated. The losses caused to the state and the collective should be recovered. The amount of misappropriation of public funds is huge, more than three months. Although all principal and interest have been returned before the incident, it will be given a lighter punishment. In practice, there are also cases where the actor misappropriates public funds many times and returns the previously misappropriated public funds with the later misappropriated public funds, and the interval between each misappropriation is not more than three months, which should be counted from the first misappropriation of public funds.
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