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Misappropriation of public funds of 300,000 yuan can be sentenced to a maximum of several years. How can I be sentenced if I retire?
According to the provisions of 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, is guilty of embezzlement 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.
Article 272 Any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not been more than three months, the amount is relatively large, and he is engaged in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Extended data
Criminal law of the people's Republic of China
Article 185 Any staff member of a bank or other financial institution who misappropriates the funds of his own unit or clients by taking advantage of his position shall be convicted and punished in accordance with the provisions of Article 272 of this Law. Staff members of state-owned financial institutions and personnel assigned by state-owned financial institutions to engage in public affairs in non-state-owned financial institutions who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Article 93 "State functionaries" as mentioned in this Law refers to those who are engaged in public service in state organs.
Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as national staff.
Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
National People's Congress Network-Criminal Law
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