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Punishment for reselling relief materials
1. The crime of reselling relief materials is suspected of misappropriating specific funds and materials, and generally it will be given a lighter punishment according to the circumstances. They are:
(1) If the circumstances are serious and the interests of the state and the people suffer great damage, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
(2) If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
2. Legal basis: Article 273 of the Criminal Law of People's Republic of China (PRC).
Crime of misappropriating specific funds and materials. Misappropriation of funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, if the circumstances are serious, resulting in great damage to the interests of the state and the people, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
2. What are the constitutive elements of the crime of misappropriating specific funds and materials?
1, object element. The object of infringement is the financial management system of the state on the special use of specific funds and materials. The object of the crime of misappropriating specific funds and materials can only be the specific funds and materials used by the state for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, including not only the civil expenditure arranged by the state budget for the above purposes, but also the funds and materials temporarily allocated by the state for disaster relief, emergency rescue and flood control, as well as the funds and materials raised by the state for disaster relief and relief;
2. objective factors. Objectively speaking, it is an act of misappropriating state funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, and the circumstances are serious, causing great damage to the interests of the country and the people;
3. Main elements. The subject is a special subject, that is, the person in charge and other directly responsible personnel who are directly responsible for the storage, distribution and use of specific funds and materials;
4. Subjective factors. Subjectively, it is intentional. That is, knowingly misappropriating funds and materials such as national disaster relief, emergency rescue, flood control, special care, poverty alleviation and immigration relief, negligence cannot constitute the crime of misappropriating specific funds and materials.
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