How to define "large amount" in the crime of embezzlement?

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery, the starting point of the amount of "a large amount" and "a huge amount" in the crime of accepting bribes by non-state staff as stipulated in Articles1and 163 of the Criminal Law, and the crime of embezzlement by post as stipulated in Article 27 1.

The starting point of the amount of "large amount", "huge amount" and "engaging in illegal activities" in the crime of misappropriating funds stipulated in Article 272 of the Criminal Law shall be twice the amount standard of "large amount", "serious circumstances" and "engaging in illegal activities" in this interpretation.

The starting point of the amount of "large amount" and "huge amount" in the crime of bribing non-state staff as stipulated in the first paragraph of Article 164 of the Criminal Law shall be twice the amount standard as stipulated in the first paragraph of Article 7 and Article 8 of this Interpretation.

Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined:

(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;

(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;

(3) Being criminally investigated for intentional crimes;

(four) the stolen money is used for illegal activities;

(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(6) Causing adverse effects or other serious consequences.

If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:

(a) repeatedly asking for bribes;

(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;

(3) seeking job promotion or adjustment for others.

Article 2 Whoever embezzles or accepts bribes in an amount of more than 200,000 yuan but less than 3 million yuan shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.

If the amount of corruption is more than 100,000 yuan but less than 200,000 yuan, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.

If the amount of bribes is more than 100,000 yuan but less than 200,000 yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.

Article 3 Whoever embezzles or accepts bribes in an amount of more than 3 million yuan shall be deemed as "extremely huge" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated of property.

If the amount of corruption is more than 1.5 million yuan but less than 3 million yuan, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.

If the amount of bribes is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.

According to Article 271 of the Criminal Law of People's Republic of China (PRC), personnel of companies, enterprises or other units who take advantage of their positions and illegally accept property of their own units shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

Extended data:

Case: The district manager was sentenced for taking bribes and bending the law.

Recently, Pucheng court concluded a case of duty embezzlement and sentenced the defendant Han to eight months' imprisonment and suspended for one year.

The court found through trial that during the period from February 20th, 20 12 to February 30th, 20 12, the defendant Han took advantage of his position to collect 50,000 yuan in advance payment for winter storage from Zhang Moumou, a customer of qingquan county, and Feng Moumou, a customer of Gu 'an county.

On May 30th, 20 13, the advance payment of RMB10,000 was transferred to Welch Company through the bank, and the rest was owned by itself, which was squandered. On March 8, 20 18, Han was arrested as a net escapee. On March 20th, he returned the advance payment of 90,000 yuan, and obtained the company's understanding.

After the trial, the court held that the defendant Han, as the regional manager of Shaanxi Welch Crop Protection Co., Ltd. in Hebei Province, took advantage of his position to illegally take 90,000 yuan as the advance payment for the winter storage of his unit, with a large amount, and his behavior had violated the provisions of the first paragraph of Article 271 of the Criminal Law of People's Republic of China (PRC), which constituted the crime of occupational embezzlement.

Defendant Han confessed his criminal facts truthfully after arriving at the case, which constituted a confession. He can be given a lighter punishment according to law and voluntarily return all the money and materials involved. The public security organ has returned it to the injured unit and obtained the understanding of the injured unit. He can be given a lighter punishment according to law.

The above judgment was made in accordance with the provisions of Article 271, paragraph 1, Article 61, Article 67, paragraph 3, Article 72 and Article 73 of the Criminal Law of People's Republic of China (PRC) and Article 11, paragraph 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery.

After the verdict was pronounced, the defendant Han pleaded guilty in court.

The manager of Weinan Intermediate People's Court Network-District was sentenced for taking bribes and bending the law.