How to identify the behavior of using the school piano one year ago and returning it one year later?

I don't know if you use it for work or for your own use. If it is the former, it is of course normal work behavior to perform duties. If it is the latter, of course, it must be approved by the school before it can be used, and it will be returned to the original owner after borrowing. If the normal borrowing procedures are fulfilled, it is also a legal act, but if it is occupied without the permission of the school, it belongs to misappropriation of public property. In a sense, misappropriation of public property is no less harmful to society than misappropriation of public funds, but the law only stipulates criminal sanctions for misappropriation of specific public property. So, how to deal with the misappropriation of general public property?

In criminal law, "public property" in the crime of misappropriating public property can be divided into specific public property and general public property. According to Article 384 of the Criminal Law and related judicial interpretations, the act of misappropriating specific public property should be severely punished for the crime of misappropriating public funds; The act of misappropriating general public property, regardless of the seriousness of the case, cannot be punished as the crime of misappropriating public funds. However, it is inappropriate to completely deny the social harm of misappropriation of general public property, especially whether it is appropriate to treat misappropriation of general public property as a general illegal act, which deserves further study.

■ The nature and characteristics of misappropriating public property for personal use.

As the same object of corruption and bribery crimes, public property is generally manifested in two forms: public funds and public property. Among them, misappropriation of public property refers to the behavior of state staff who use their position to misappropriate public property for personal use without going through legal procedures. The acts of misappropriating public property for personal use mainly include:

1. It is illegal to misappropriate public property. Taking advantage of his position, misappropriating public property for personal use, the illegality is mainly manifested in deliberately violating the rules and regulations on the management and use of public property and misappropriating it without approval and permission. It is also illegal to misappropriate specific public property for personal use, that is, it violates the clear provisions of the criminal law.

2. Misappropriation of public property is harmful to society. The actor's misappropriation of public property poses a real threat or actual damage to public property, that is, misappropriation of public property has a corresponding infringement on the integrity of state personnel and the right to use and benefit from public property. Misappropriation of public property, especially misappropriation of specific public property for personal use, is the behavior of the actor using some use value of public property to obtain personal interests or benefits, and its harmfulness is obvious. At the same time, misappropriation of public property is blatant and challenging, which is a flagrant violation of party discipline and state law, and its social harm is very obvious.

3. Misappropriation of public property is "derivative". In recent years, with the development of market economy, embezzlement of public property has become an important form of the loss of state-owned assets. Some people take advantage of the lack of criminal law norms to openly embezzle public property for a long time, harming the public and enriching the private interests. Practice has proved that misappropriating public property for personal use has become an important means of other crimes, especially duty crimes, and other crimes have been derived. For example, some public properties are publicly owned but privately owned, such as buses used by the whole family, apartments used by the whole family, and even travel by bus, and the whole process is "public property reception"; In some countries, staff members use their powers to occupy public property for a long time and seek personal gain, resulting in damage or loss of use value of public property with greater value; Others use public property as a guarantee or pledge for personal loans or debts, which puts public property at risk; Others misappropriate public property they manage for a long time, then sell it to their own people at low prices, and even misappropriate public property for illegal activities. These acts are not only serious violations of the law, but some are serious and have been suspected of corruption, misappropriation of public funds and other crimes.

There are three common ways to misappropriate public property: one is "private use of public property", that is, the actor uses the convenience of supervisor, handling and management to directly misappropriate public property for personal use without legal procedures, which is a typical misappropriation of public property. The second is "exchanging things for things", that is, the actor does not collect remuneration from the business unit, but exchanges the equivalent goods for private use without authorization, or directly exchanges one kind of public property for another kind of goods and uses it for private use. The third is "bartering", that is, selling public property without authorization and transferring the proceeds to individuals for use. This situation should be punished as the crime of misappropriation of public funds.

■ Three types of crime of misappropriating specific public property

According to the provisions of the Criminal Law, the crime of misappropriating public property only refers to the crime of misappropriating specific public property, which is an act of state staff taking advantage of their position to misappropriate specific public property for personal use and needs to be investigated for criminal responsibility. The targets of the crime include the funds allocated by the state for disaster relief and other purposes, temporarily allocated funds and materials, and specific funds and materials donated by the society. According to the relevant judicial interpretation, the constitutive elements of the crime of misappropriating specific public property refer to the provisions of the crime of misappropriating public funds. Specifically, the crime of misappropriating specific public property has the following three types:

1. Crime of "overdue" misappropriation of specific public property. The so-called crime of overdue misappropriation of specific public property refers to the behavior of state functionaries who use their positions to misappropriate specific public property for personal use for more than three months. Failure to pay back within three months refers to misappropriation of specific public property and failure to return the misappropriated specific public property within three months. As for whether to return it before the incident, it has nothing to do with constituting a crime. Because as long as you misappropriate specific public property, you violate the right to use specific public property? The degree of legal interest conforms to the elements of crime, and whether it is returned before the crime has no effect on the constitution of the crime. Three months' non-return means that the specific public property that has been misappropriated has been out of the control of the unit for a long time, which is a standard to distinguish crime from non-crime.

2. The crime of "profit-making activities" misappropriating specific public property. This kind of crime requires the amount to meet the amount standard of the crime of misappropriating public funds for personal use in illegal activities, and there is no time limit for misappropriation. The so-called profit-making activities refer to the act of seeking economic benefits by legal means. The relevant judicial interpretation lists the cases of misappropriating specific public property for personal profit-making activities, mainly using public property as investment shares in profit-making activities for production and business activities. For-profit activities such as renting out all the means of transportation and real estate owned by the unit without permission.

3. The crime of "illegal activities" misappropriating specific public property. There is no limit to the amount and time of misappropriation in principle, regardless of whether the illegal act is completed or not, but it should also meet the amount standard of misappropriation of public funds for personal use for illegal activities. The so-called illegal behavior refers to illegal and criminal activities such as smuggling, illegal business, reselling cultural relics and gambling by misappropriating specific public property. Illegal acts here generally refer to all acts that violate laws, regulations, rules, orders and rules, and are not limited to criminal activities.

■ Judicial decisions on cases of misappropriation of public property

1. Determination of the crime of misappropriating specific funds and materials.

The crime of misappropriating specific public property is a form of misappropriation of public funds and should be severely punished. The author believes that in judicial practice, we should pay attention to the following four points in accurately identifying the crime of misappropriating specific public property and the crime of misappropriating public funds:

First, the target of crime is strictly limited to seven specific types of public property. That is, public property used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, including public property allocated for the above purposes by the state budget and public property donated by social organizations and the masses for the above purposes.

Second, according to the purpose and purpose of misappropriation, correctly distinguish the crime types of misappropriation of specific public property. According to the relevant judicial interpretation, three kinds of misappropriation of specific public property constitute crimes, and the amount of misappropriation is 5,000 yuan to 1000 yuan as the starting point for investigating criminal responsibility. The key to distinguish is whether it has not been returned for more than three months. What is the specific purpose and purpose of misappropriation? The actor misappropriates specific funds and materials for personal use and does not use them for profit-making or illegal activities, but fails to return them within three months from the date of misappropriation, which is overdue; If the actor misappropriates specific public property for personal use and uses it for profit-making activities or illegal activities, it constitutes the crime of misappropriating public property for profit-making activities or illegal activities respectively.

In judicial practice, sometimes the three types cross each other and need to be carefully distinguished. For example, if specific public property is used to offset personal loans or guarantee personal debts, the nature of misappropriation should be determined according to the purpose of the original loans or debts. Specifically, loans or debts arising from non-profit activities such as personal legal consumption are "overdue" if the actor misappropriates specific funds and materials to pay off, and they are not paid back for more than three months; Loans or debts arising from legal profit-making activities and then misappropriating specific public property for compensation belong to "profit-making activities"; It is an "illegal act" to borrow money or debt and misappropriate specific public property to return it; Misappropriation of specific public property, although not directly engaged in profit-making activities or illegal activities, but prepared for profit-making activities or illegal activities (as registered capital or property, for industrial and commercial registration and enterprise legal person registration), should be identified as "profit-making activities" or "illegal activities" respectively; If the misappropriator knows (knows exactly and should know) the purpose of the user, the nature of misappropriation shall be determined according to the actual use of specific public property. If the embezzler does not know the purpose and situation of the user's use, the nature of misappropriation shall be determined according to the subjective understanding of the embezzler.

The third is to scientifically convert the amount of misappropriation. In the case of misappropriating specific public property, the amount of misappropriated specific public property must be calculated. Because the relevant judicial interpretation only stipulates the amount standard of misappropriation of public funds for personal illegal activities, there is no specific conversion method, which leads to confusion in judicial practice. The author believes that the discount of specific public property should be based on the premise of protecting the ownership of public property, and the specific situation should be analyzed in detail. Public property belonging to the national price shall be calculated according to the national price at the time when the corrupt criminal commits the crime; If it does not belong to the national price, it shall be calculated according to the price of local similar goods when the corrupt criminal commits the crime. For durable goods, the discount amount should be calculated according to their use value, while for consumables, the discount amount should be calculated according to their value discount.

The fourth is to accurately identify returns and other situations. For criminal acts and profit-making activities that misappropriate specific property and fail to return it within the time limit, if all the misappropriated specific property has been returned before the incident, it can be given a lighter punishment, which belongs to a lighter sentencing circumstance. Therefore, in the case of misappropriation of specific public property, it is necessary to accurately determine whether to return it. If a corrupt person sells specific public property and buys back the types of misappropriated public property within three months, it is a return behavior; If a corrupt person sells a specific public property and cannot buy back the misappropriated specific property, it is impossible to return it.

2. Identification of illegal cases of misappropriation of unspecified public property.

The act of misappropriating unspecified public property, even if the circumstances are serious, cannot constitute a crime according to the current criminal law and relevant judicial interpretations, but is treated as a general illegal case. However, many people in the theoretical and judicial circles advocate perfecting the criminal law legislation, criminalizing the act of misappropriating unspecified public property with serious circumstances, and investigating the criminal responsibility of the perpetrator. In view of this, the author believes that the following issues should be paid attention to in determining the illegal act of misappropriating unspecified public property:

First, whoever sells misappropriated public property and misappropriates the proceeds for personal use shall be punished according to the crime of misappropriation of public funds. Because the sale of public property belongs to public funds, the actor's sale of public property belongs to the means of misappropriation of public funds. If the actor misappropriates the proceeds from the sale for personal use and repurchases public property with part of the proceeds from the sale, then misappropriating the proceeds from the sale constitutes the crime of misappropriating public funds, and buying public property is still an illegal act of misappropriating unspecified public property.

Second, if the circumstances of misappropriating unspecified public property are not serious, it will generally be dealt with as a violation of discipline, which does not constitute a crime, but the judicial organ may make judicial suggestions to the relevant administrative organs.

Third, if the circumstances of misappropriating unspecified public property are serious, it can only be dealt with as a general violation of discipline at present. However, after the relevant legislation, it can be punished as the crime of misappropriating public funds at a discount, so as to reflect the spirit of equality under the rule of law and the principle of adaptability between crime and punishment in criminal law. The so-called "serious circumstances" of misappropriating unspecified public property refers to the misappropriation of unspecified public property for personal use, which has caused political and economic adverse effects or heavy losses to the country or the collective. Among them, the starting penalty amount of a crime can be compared with the starting penalty amount of the crime of misappropriating public funds, and the number of misappropriation, the amount of profit or illegal income can be used as aggravating circumstances.

I hope you can find the answer.