On the issue of the refund of immigration money by staff

Anyone suspected of misappropriating public funds may be sentenced to fixed-term imprisonment of not more than five years or criminal detention. The specific sentencing depends on the situation.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases of Embezzlement of Public Funds was adopted at the 972nd meeting of the Judicial Committee of the Supreme People's Court on April 6, 1998. It is hereby promulgated and shall come into force as of May 9, 20 14 1998.

Article 3 Misappropriation of public funds is for personal use. The starting point of embezzlement 1 10,000 to 30,000 yuan, and the starting point of embezzlement150,000 to 200,000 yuan. Misappropriation of public funds "serious" means that the amount of misappropriation of public funds is huge, or the amount is not large, but the means of misappropriation of public funds are bad; Misappropriation of public funds many times; Misappropriation of public funds has seriously affected production and operation, causing serious losses.

"Misappropriation of public funds for personal use and illegal activities" takes misappropriation of public funds of more than 5,000 yuan10,000 yuan as the starting point for investigating criminal responsibility. Misappropriation of public funds of more than 50,000 yuan10,000 yuan is one of the cases of misappropriation of public funds for personal use and illegal activities. Other misappropriation of public funds for personal use and illegal activities, if the circumstances are serious, shall be implemented in accordance with the provisions of the first paragraph of this article.

The higher people's courts may, according to the local actual situation and in accordance with the scope of the amount stipulated in this interpretation, determine the specific amount standard for local implementation and report it to the Supreme People's Court for the record.

The standard of the amount of funds appropriated for disaster relief, emergency rescue, flood control, special care, poverty alleviation, resettlement and relief for personal use shall refer to the standard of the amount of funds appropriated for personal use for illegal activities.

Article 384th of the Criminal Law of People's Republic of China (PRC) * * * Crime of misappropriating public funds. 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.

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.