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How many years is it to embezzle public funds for 30 million?
Embezzlement of public funds of 30 million yuan, a huge amount, shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment. Although the starting penalty for embezzlement varies from place to place, the amount of 30 million yuan is extremely huge, and the sentence will last for more than ten years. However, if there are circumstances such as meritorious service and surrender, the sentencing standard can still be lowered.
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, and shall be given a heavier punishment. A criminal sentenced to fixed-term imprisonment or above commits a crime that should be sentenced to fixed-term imprisonment or above within five years after the execution of the punishment or pardon, and is a recidivist.
The staff involved in the crime of misappropriating public funds include:
1. State functionaries: State functionaries engaged in public affairs in state organs.
2. Other personnel: personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel assigned by state-owned units to non-state-owned units to engage in public service, and other personnel engaged in public service according to law. In Sino-foreign joint ventures, cooperative ventures, joint-stock companies and enterprises, misappropriation of the funds of the above-mentioned companies and enterprises by people with the status of state staff should also be considered as infringement of the ownership of public property.
Legal basis:
Criminal Law of People's Republic of China (PRC) (revised in 2020)
Article 384 Any State functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates public funds for profit-making activities in a relatively large amount, or misappropriates public funds in a relatively large amount and fails to pay them back for more than three months, is guilty of corruption and shall be 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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