Sentencing standards for the crime of misappropriating public funds 2022

1. The crime of misappropriating public funds shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

2. 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.

3. Whoever misappropriates disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds for personal use shall be given a heavier punishment.

State functionaries who 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, are guilty of embezzlement.

Article 384th of the Criminal Law of People's Republic of China (PRC)

State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months, are guilty of corruption and are 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.