How to convict someone for misappropriating village collective funds?

General convictions are for misappropriation of funds, or suspected misappropriation of public funds. If village cadres misappropriate collective funds and are state workers, they are suspected of misappropriating public funds. Different crimes have different penalties, and the perpetrators must be sentenced in accordance with the law according to the specific circumstances.

What is the crime of collective misappropriation of funds

Units and collectives do not constitute the crime of misappropriation of funds. The crime of misappropriation of funds refers to the crime of misappropriation of funds by employees of a company, enterprise or other unit who take advantage of their positions to misappropriate funds. The unit's funds are for personal use or loaned to others, and the amount is relatively large and has not been repaid for more than 3 months; or although it has not been more than 3 months, but the amount is relatively large, profit-making activities are carried out, or illegal activities are carried out.

The subjective aspect of this crime can only be intentional, that is, the perpetrator knows that he is misappropriating or borrowing funds from the unit and takes advantage of his position, but still does it intentionally. The act of misappropriating the funds of the unit can be divided into general illegal and disciplinary acts of misappropriating the funds of the unit and criminal acts of misappropriating the funds of the unit. Distinguish the line between the two.

What behaviors constitute the crime of misappropriation of funds?

(1) Misappropriating the funds of the unit for personal use or lending to others, and the amount is relatively large and has not been repaid for more than three months. This is a lesser form of appropriation. Its constitutive feature is that the actor takes advantage of the convenience of being in charge of and handling the funds of the unit to misappropriate the funds of the unit. The purpose is mainly for personal use or lending to others, but it is not used to engage in illegal economic activities, and the misappropriation is The amount is relatively large and has not been repaid for more than three months.

(2) Misappropriating the funds of the unit for personal use or lending to others, although the amount does not exceed three months, but the amount is relatively large, for profit-making activities. This kind of behavior has no restrictions on whether the misappropriation period exceeds three months and whether it is returned after three months, as long as the amount is relatively large and profit-making activities are conducted. The so-called "profit-making activities" mainly refer to activities such as doing business, investing, and purchasing stocks or bonds.

(3) Misappropriating the funds of the unit to carry out illegal activities. This kind of behavior has no restrictions on whether the misappropriation period exceeds three months and whether it is returned after three months. There is also no restriction on the larger amount. As long as the funds of the unit are misappropriated to carry out illegal activities, it constitutes this crime. So-called "illegal activities". It means that the misappropriated funds are used for smuggling, gambling and other activities.

The difference between the crime of misappropriation of funds and the crime of misappropriation of public funds

The crime of misappropriation of public funds refers to the crime of misappropriation of public funds by state workers who take advantage of their positions to misappropriate public funds for personal use and carry out illegal activities, or misappropriate public funds. The crime of misappropriation of funds and the crime of misappropriation of public funds are objectively manifested as misappropriation of funds by taking advantage of one's position, and subjectively They are all intentional misappropriations, and sometimes the targets of the crime may also be funds of companies, enterprises or other units. However, the two crimes also have the following main differences:

(1) The object of the violation and the object of the crime are different. The object of the crime of misappropriation of funds is the right to use funds of companies, enterprises or other units. The object is the funds of companies, enterprises or other units, including state-owned or collectively owned funds, as well as funds owned by individual citizens and foreign businessmen. funds.

(2) The criminal subjects are different. The subjects of the crime of misappropriation of funds are staff of companies, enterprises or other units, except state staff. The subjects of the crime of misappropriation of public funds are state workers, including personnel engaged in official duties in state agencies, personnel engaged in official duties in state-owned companies, enterprises and institutions, and people's groups, and persons appointed by state agencies, state-owned companies, enterprises and institutions to non-state-owned companies, Personnel engaged in official duties of enterprises, institutions, social groups, and other persons engaged in official duties in accordance with the law.

What will be the punishment for the crime of misappropriation of funds?

Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if a huge amount of funds is misappropriated from the unit, or a large amount is not returned , shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Legal Basis

Article 272 of the Criminal Law of the People’s Republic of China and the People’s Republic of China on the crime of misappropriation of funds. Employees of a company, enterprise or other unit who take advantage of their position shall Convenience, misappropriation of the unit's funds for personal use or lending to others, if the amount is relatively large and has not been repaid for more than three months, or if it is less than three months, but the amount is relatively large, for profit-making activities, or for illegal activities, Those who embezzle a huge amount of the unit's funds shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the amount is particularly huge, they shall be sentenced to fixed-term imprisonment of not less than seven years.

The crime of misappropriation of public funds is committed by persons engaged in official duties in state-owned companies, enterprises or other state-owned units and persons assigned by state-owned companies, enterprises or other state-owned units to non-state-owned companies, enterprises or other units to engage in official duties. , shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

If the misappropriated funds are returned before filing a public prosecution for the behavior in Paragraph 1, the punishment may be lighter or reduced. Among them, if the crime is relatively minor, the punishment may be reduced or exempted.

Article 384: Crime of Misappropriation of Public Funds: A state employee takes advantage of his position to misappropriate public funds for personal use and engages in illegal activities, or misappropriates a relatively large amount of public funds to conduct profit-making activities, or Anyone who embezzles a relatively large amount of public funds and fails to repay them for more than three months is guilty of the crime of misappropriating public funds 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 more than ten years or life imprisonment.

Whoever misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief for personal use shall be severely punished.