How should units that illegally lend public funds be dealt with qualitatively?

The financing of funds between units has no purpose of illegal possession, does not involve seeking illegal benefits, and does not involve personal use. It can only be said that it violated financial disciplines or internal control systems, and does not involve the scope of adjustments stipulated in relevant laws (it does not involve the crime of misappropriation of public funds, misappropriation of funds, or corruption).

Legal Analysis

Characterization of the crime of the private deposit of public funds: (1) The characterization of the crime of the private deposit of public funds by the unit. In the process of private deposit of public funds, for the behavior of the unit, because it is an unit Behaviors governed by subjective will, whether public funds are privately deposited within the account or outside the account, are only different in the form of deposit, and are not substantially different from the funds in the legal account of the unit. During this process, whether a unit or individual is suspected of committing a crime, such as corruption, misappropriation, private distribution, etc., they can be dealt with directly according to the alleged crime. (2) Characterization of personal behavior suspected of keeping public funds privately. According to the principles of Chinese criminal law, whether an act constitutes a crime is judged based on whether the act complies with the criminal constitution of the criminal law. The composition of a crime includes the subject of the crime and the subjectivity of the crime. The aspect, the object of the crime and the objective aspects of the crime are an organic unity of a series of subjective and objective elements. At the same time, an act that constitutes a crime must also comply with the provisions of relevant national laws. The principle of criminal responsibility that combines subjectivity and objectivity requires that criminal suspects and defendants must be held criminally responsible. Both subjective and objective conditions must be met at the same time. If the subjective or objective conditions are missing, Without any objective conditions, the crime cannot be established. This principle opposes subjective imputation and objective imputation. Whether a criminal act constitutes a crime cannot only look at the objective behavior, but also depends on the subjectivity; we cannot only focus on the harmful behavior or the harmful consequences, without asking whether the perpetrator has subjective knowledge; we cannot focus on the form rather than the substance, and require subjectivity and objectivity. The elements must be present simultaneously. Combined with the principles of criminal law, we will make a detailed analysis of the following forms of crimes involving individuals' private deposit of public funds: (1) The characterization of private deposits of public funds if the perpetrator does so for the safety of funds, temporary turnover, or misunderstanding. This type of behavior does not constitute the crime of misappropriation of public funds because the perpetrator has no subjective purpose of illegally obtaining the right to use public funds and objectively does not hinder the unit's use of public funds. (2) As for the private deposit of public funds to help others complete the task of collecting savings, although it violates financial disciplines and may be subject to certain political and party discipline sanctions, the public funds have not been used by others or misappropriated, and should not be punished as a crime. , if the actor obtains property from it and meets the conditions for the crime of accepting bribes, he should be punished for the crime of accepting bribes. The perpetrator decided to keep public funds privately without authorization, and used the privately deposited bank deposit certificates to provide pledge guarantee for others. This is a suspected crime. As we all know, financial institution deposit certificates are securities.

Legal Basis

Article 384 of the "Criminal Law of the People's Republic of China": State functionaries take advantage of their positions to misappropriate public funds for personal use and carry out illegal activities Anyone who engages in other activities, or who misappropriates a relatively large amount of public funds to engage in profit-making activities, or whoever misappropriates a relatively large amount of public funds and fails to repay them for more than three months, shall be guilty of misappropriation of public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to five years A term of imprisonment of more than 10 years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment. Anyone who misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief for personal use shall be severely punished.