Criteria for filing the crime of misappropriating specific funds and materials in 2022

I. Criteria for filing the crime of misappropriating specific funds and materials (II) Article 86 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Criteria for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs stipulates: Misappropriation of funds and materials used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief shall be filed for prosecution if it is suspected of one of the following circumstances: (1) Misappropriation of specific funds and materials is more than 5,000 yuan; (2) Causing direct economic losses to the country and people in an amount of more than 50,000 yuan; (3) misappropriating specific funds and materials for many times, or causing serious difficulties to the people's production and life, although it has not reached the above-mentioned amount standard; (four) serious damage to the national reputation, or cause adverse social impact; (5) Other circumstances that cause great damage to the interests of the state and the people. Misappropriation of specific funds and materials with a value of more than 5,000 yuan shall be put on file. The specific funds and materials here mainly refer to disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds and materials. The so-called "disaster relief funds and materials" refers to the special funds and materials allocated by the state to areas suffering from natural disasters; The so-called "poverty alleviation funds and materials" refer to the special funds and materials used for poverty alleviation. The so-called "emergency funds and materials" refer to the special funds and materials allocated by the state to help the dangerous situation caused by natural disasters. The so-called flood control funds and materials refer to the special funds and materials allocated by the state to prevent floods and high tides; The so-called "special care funds and materials" refers to the special funds and materials allocated by the state for preferential treatment and pensions for special care recipients. The so-called "disaster relief funds and materials" refer to the special funds and materials used by the state for social relief and natural disaster relief. The so-called "immigrant money and materials" refers to the special funds and materials allocated by the state for resettlement. The so-called misappropriation refers to the unauthorized transfer and use of disaster relief funds and materials, such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, etc., without legal approval, and the change of the established prescribed use of specific funds and materials. If the perpetrator misappropriates the above-mentioned specific funds and materials totaling more than 5,000 yuan, the public security organ shall file a case for investigation. "Causing direct economic losses to the country and the people in the amount of more than fifty thousand yuan", should be placed on file. The direct economic loss here refers to the property loss and value reduction directly caused to the country and people by the actor's misappropriation of specific funds and materials. "Although it has not reached the above-mentioned amount standard, it has caused serious difficulties to the people's production and life" and should be placed on file. Here, "although it has not reached the above-mentioned amount standard" refers to the first and second cases that are close to the filing standard of this crime, which have reached more than 80% of the amount, that is, the value of specific money and goods is more than 4,000 yuan, or the amount of direct economic losses caused to the country and the people is more than 40,000 yuan, and at the same time, it has caused serious difficulties to the people's production and life. The public security organ should also file a case for investigation. If the misappropriation of foreign aid funds and materials causes serious damage to the reputation of the country, the public security organ shall also file a case for investigation. Second, how to punish the crime of misappropriating specific funds and materials Article 273 of China's Criminal Law stipulates that if the circumstances are serious and the interests of the state and the people are seriously damaged, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. According to the relevant laws and regulations, only if the circumstances are serious and the interests of the state and the people suffer great damage can it constitute the crime of misappropriating specific funds and materials. The reason why criminal responsibility should be investigated not only for the results of "serious circumstances" but also for "significant damage" is because embezzlement in this crime is different from the behavior of asking for property in the crimes of corruption, embezzlement, theft and fraud.