How many years is the sentence for misappropriating public funds160,000? (How many years is the sentence for misappropriating public funds of 6.5438+0.7 million yuan? )

1. How many years is the

How many years is the sentence for misappropriating public funds160,000? (How many years is the sentence for misappropriating public funds of 6.5438+0.7 million yuan? )

1. How many years is the sentence for misappropriating public funds of 654.38+06 million?

Those who misappropriate public funds and fail to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. According to the provisions of Article 384 of the Criminal Law of People's Republic of China (PRC), any state functionary who, by taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months, is guilty of embezzlement and is 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.

2. What are the constitutive elements of the crime of misappropriating public funds?

1, object element. The object of this crime is mainly the ownership of public property, which also violates the national financial management system to some extent.

The direct object of the crime of misappropriating public funds is the right to use public funds, and at the same time, the actor will inevitably possess it after misappropriating public funds, and some will benefit from it. Ownership includes four interrelated and relatively independent powers: possession, use, income and disposal. Therefore, the infringement of ownership power must be an infringement of ownership.

The object of this crime is mainly public funds. This includes both monetary funds owned by the state and the collective, and private money in the process of state management, use, transportation, exchange and storage. In state-owned enterprises and companies, people with the status of state functionaries misappropriate the property of enterprises and companies, which is an infringement on the ownership of public property. In Sino-foreign joint ventures, cooperative ventures, joint-stock companies and enterprises, misappropriation of the funds of the above-mentioned companies and enterprises by people with the status of state staff should also be considered as infringement of the ownership of public property.

2. objective factors. The objective aspect of this crime is that the actor takes advantage of his position to misappropriate public funds for personal use, engage in illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate public funds for more than three months.

3. Main elements. The subject of this crime is a special subject, that is, national staff. The connotation and extension of national staff mentioned here are basically the same as those mentioned in the crime of corruption. It is also a specific and official (responsibility). State functionaries who constitute the crime of misappropriating public funds include: State functionaries who are engaged in official duties in state organs. Personnel engaged in public services in state-owned companies, enterprises and institutions and people's organizations; Personnel assigned by state-owned units to non-state-owned units to engage in official duties; Other personnel engaged in public affairs according to law.

4. Subjective factors. Subjectively, this crime has direct intention. The perpetrator knew that it was public funds and deliberately used it for other purposes. Its criminal purpose is to illegally obtain the right to use public funds. However, its subjective feature is that it only illegally obtained the temporary right to use public funds and intends to return them later.

To sum up, misappropriation of public funds will cause serious losses to the company's interests. As long as a large amount is caused and returned within three months, the criminal responsibility of the parties concerned can be investigated. Punishment is generally judged according to the size of the crime, and its purpose is to make the offender pay the due price.