Sentencing standard of embezzlement crime in 2022

The sentencing standards for the crime of misappropriation of public funds in 2022 are as follows:

1. State functionaries take advantage of their positions to misappropriate public funds for personal use to engage in illegal activities, or misappropriate a large amount of public funds to engage in profit-making activities, or misappropriate a large amount of public funds for more than three months; Belonging to the crime of misappropriation of public funds, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;

2. If the perpetrator misappropriates public funds to carry out some illegal activities, due to its great social harm, he can file a case for criminal responsibility for embezzling public funds of more than 30,000 yuan; 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.

The determination of the crime of misappropriating public funds should examine whether the perpetrator belongs to the scope of persons with criminal responsibility, reaching the age of criminal responsibility and having the status of state functionaries as stipulated by law. If the above three conditions are indispensable, the actor cannot become the subject of embezzlement. As for the scope of national staff, it should be confirmed in strict accordance with the law.

Legal basis: Article 384th of the Criminal Law of People's Republic of China (PRC).

Crime of misappropriating public funds If a state functionary takes advantage of his position to misappropriate 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, it is a crime of corruption and is 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.