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How to deal with the cashier's misappropriation of public funds?
The constitutive requirements of the crime of misappropriating public funds are that state staff take advantage of their positions and misappropriate public funds for personal use. Under this premise, it can be divided into the following situations:
1, misappropriating public funds for illegal activities;
2. Misappropriation of public funds is large, and profit-making activities are carried out;
3 public funds are used for activities other than profit-making activities and illegal activities, and the amount is relatively large, and the misappropriation time is more than 3 months.
Criminal law of the people's Republic of China
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.
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