Criteria for filing cases of embezzlement by non-public officials

If the amount of property possessed by non-public officials is more than 20,000 yuan but less than 60,000 yuan, it will reach the filing standard of the crime of occupational embezzlement. This means that if non-public officials encroach on the property of the company or others because of their duties, and the amount reaches this standard, then they may be investigated for criminal responsibility.

1, the crime of duty embezzlement refers to the illegal possession of the property of the company, enterprise or other units, and the amount is relatively large. Non-state staff whose occupation amount reaches 60,000 yuan may file a case. The starting point of "large amount" in the crime of duty embezzlement is more than 60 thousand yuan; The starting point of "huge amount" is more than one million yuan. I hope the above answers are helpful to you.

2. Employees of companies, enterprises or other units who, by taking advantage of their positions, illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, 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, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined.

3. If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as "a large amount" as stipulated 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.

Can I file a case if there is insufficient evidence of embezzlement?

If the evidence is insufficient, you can also file a case (there are certain factual materials to prove it), but in the end, the evidence is insufficient and you can't be convicted. You must meet two conditions at the same time:

1, the fact that there is a crime refers to the objective existence of some criminal behavior that harms society. This is the first condition for filing a case.

2. The need to investigate criminal responsibility means that criminals should be investigated for criminal responsibility according to law. Only the criminal facts that need to be investigated for criminal responsibility according to law, when the criminal facts happen and need to be investigated for criminal responsibility according to law, are necessary and should be put on file.

When criminal cases are involved, lawyers can be invited to provide legal advice, represent complaints and charges, and apply for bail pending trial. Lawyers accept the entrustment of criminal suspects, defendants and their close relatives or the designation of the people's court to defend the suspects and defendants' guilt, innocence and innocence.

To sum up, it is Bian Xiao's relevant answer about the filing standards of non-public officials' occupations, hoping to help you.

legal ground

Article 271 of the Criminal Law of People's Republic of China (PRC)

Any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, 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, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined.

Article 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.

If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it 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.