Will the boss go to jail if he doesn't sign for the money?

1. Will the boss go to jail if he doesn't sign for the money?

1. Will the cashier go to jail without the boss's signature? It depends:

(1) If there is a contract and it is an old customer, there is generally no problem with the transfer at present, but it is an internal management problem without the signature of the competent leader, and may only be punished by the unit;

(2) Those who transfer funds without contract or trading habits shall be investigated for civil legal liability according to specific cases;

(3) If the amount is large and the circumstances are serious, criminal responsibility may be investigated for the crime of corruption or misappropriation of public funds.

2. Legal basis: Article 504th of the Civil Code of People's Republic of China (PRC).

Unless the other party knows or should know that the legal representative of a legal person or the person in charge of an unincorporated organization has exceeded his authority, the representative's behavior is valid and the contract concluded is valid for the legal person or unincorporated organization.

Article 382 of the Criminal Law of People's Republic of China (PRC)

Crime of Corruption A state functionary who takes advantage of his position to embezzle, steal, cheat or illegally occupy public property by other means is a crime of corruption.

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

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

Article 384

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.

2. What are the constitutive elements of the crime of misappropriating public funds?

1, the object of crime, the object of this crime is a complex object, which not only infringes on the integrity of state public officials, but also infringes on the ownership of public property;

2. In the objective aspect of the crime, this crime is objectively manifested as the behavior of the actor taking advantage of his position to misappropriate public funds for his own use or others' use, engaging in illegal activities, or misappropriating a large amount of public funds for profit-making activities, or misappropriating public funds for more than three months;

3. Subject of crime. The subject of this crime is a special subject. Only those who have the status of national staff and other people who are engaged in official duties according to law are qualified to be the subject of this crime, and other non-above personnel are not qualified to be the subject of the crime of misappropriating public funds;

4. Subjectively, this crime can only be constituted by intention, which is intentional. Subjectively, the actor knows that it is misappropriating public funds for personal use, with the purpose of illegally obtaining the right to use public property and obtaining economic benefits through temporary use of public funds.