Determination of the crime of taking state funds from rural areas

The village Committee embezzled state funds. If it is within the scope of state subsidies, I will be punished for corruption. Because according to the provisions of Article 382 of China's Criminal Law, it is a crime of corruption for state functionaries to defraud the possession of public property by taking advantage of their positions.

1. What is the crime of the village committee taking state funds?

The village Committee embezzled state funds. In most cases, the state funds reach more than 30,000 yuan, and taking the state subsidy funds as your own constitutes the crime of corruption. If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

Crime of Corruption in Criminal Law Article 382 The crime of corruption is committed by a state functionary who embezzles, steals, swindles or illegally occupies public property by other means by taking advantage of his position.

Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property who embezzle, steal, defraud or otherwise illegally occupy state-owned property by taking advantage of their positions are regarded as corruption.

Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.

2. What are the rules for withdrawing state funds?

Generally speaking, in China, taking state funds is treated as the crime of corruption.

If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined:

(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;

(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;

(3) Being criminally investigated for intentional crimes;

(four) the stolen money is used for illegal activities;

(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(6) Causing adverse effects or other serious consequences.

If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:

(a) repeatedly asking for bribes;

(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;

(3) seeking job promotion or adjustment for others.

In real life, if you take state funds, it constitutes a crime of corruption, which belongs to the provisions of our criminal laws and regulations. As for the specific punishment, you should make different judgments according to the amount of state funds. Of course, the crime of corruption is usually punished by imprisonment of not more than three years.