How many years is the crime of misappropriating public funds of 40,000?

Legal analysis: According to the relevant judicial interpretation in China, if the amount of misappropriation of public funds reaches 40,000, it is a case of misappropriation of public funds, and the court may sentence it to fixed-term imprisonment of not more than three years or criminal detention. In addition, if the 40,000 yuan is used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds for personal use, it will also be severely punished.

Legal basis: Article 384 of the Criminal Law of People's Republic of China (PRC), any state functionary who, by taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months and fails to pay them back, shall be punished as corruption and 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.