What is the crime of illegally taking state money?

May constitute corruption. Those who meet the constitutive requirements of fraud shall be convicted and punished for fraud.

According to criminal law

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 273 Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, if the circumstances are serious, thus causing great damage to the interests of the state and the people, the person who is 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.

Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in 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 without paying them back, is guilty of corruption 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 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.

Extended data

The application materials are falsified or forged? Beware of being a liar.

20165438 2004+01310, the Provincial Procuratorate issued the Guiding Opinions on Standardizing the Handling of Cases of Cheating State Special Funds (hereinafter referred to as the Opinions).

This Opinion clarifies three situations in which the crime of misappropriating special funds applies.

Among them, the users of national special funds do not meet the basic conditions of the national special funds policy, and seriously falsify, fabricate non-existent enterprises or projects and forge key application materials for the purpose of illegal possession in the declaration process, which meets the constitutive requirements of fraud, and are convicted and punished for fraud.

If the declared project meets the basic conditions of the national special fund policy, but the actual situation is exaggerated in the declaration process, some non-critical false declaration materials are forged or provided, and part of the state special fund is used by the enterprise to make up losses, or used for changing production, updating equipment, production and operation, it is generally not appropriate to convict and punish users for fraud.

In addition, if the circumstances are serious, the fund user shall be convicted and punished for accepting bribes and forging the official seal of state organs.

References:

Big river. Defrauding state special funds or being convicted of fraud

References:

The National People's Congress of the People's Republic of China and China Criminal Law