How many years is the crime of misappropriating funds sentenced to 450 thousand

Not more than five years of fixed-term imprisonment or criminal detention.

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

Article 5 Whoever misappropriates public funds for personal use and engages in illegal activities, the amount of which is more than 30,000 yuan, shall be investigated for criminal responsibility (fixed-term imprisonment of not more than five years or criminal detention) for the crime of misappropriating public funds in accordance with the provisions of Article 384 of the Criminal Law; If the amount is more than 3 million yuan, it shall be deemed as "huge amount" (fixed-term imprisonment of more than 10 years or life imprisonment) as stipulated in the first paragraph of Article 384 of the Criminal Law.

Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 384th of the Criminal Law (with imprisonment of more than five years):

(a) the amount of misappropriation of public funds is more than one million yuan;

(2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan;

(three) misappropriation of public funds is not returned, and the amount is less than 500 thousand yuan/kloc-0 million yuan;

(4) Other serious circumstances.

Article 6? Misappropriation of public funds for personal use, profit-making activities or failure to pay back for more than three months, with an amount of more than 50,000 yuan, shall be deemed as "relatively large amount" (fixed-term imprisonment of not more than five years or criminal detention) as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "huge amount" (fixed-term imprisonment of more than 10 years or life imprisonment) as stipulated in the first paragraph of Article 384 of the Criminal Law.

Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 384th of the Criminal Law (with imprisonment of more than five years):

(a) the amount of misappropriation of public funds is more than two million yuan;

(two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount is more than one million yuan but less than two million yuan;

(three) misappropriation of public funds, the amount of more than one million yuan but less than two million yuan;

(4) Other serious circumstances.

Article 384 of the Criminal Law 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 and fails to pay 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 Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Misappropriation of Public Funds.

Article 1: "Misappropriation of public funds for personal use" as stipulated in Article 384 of the Criminal Law includes the personal use of the embezzler or the use of others. Misappropriation of public funds to private companies and enterprises belongs to misappropriation of public funds for personal use.

Article 2 The crime of misappropriating public funds shall be identified in three situations:

(a) misappropriation of public funds for personal use, the amount is relatively large, and it has not been returned for more than three months, which constitutes the crime of misappropriation of public funds.

Those who misappropriate public funds that are earning interest or need to pay interest for personal use, and the amount is relatively large, but all the principal has been returned before the incident, can be given a lighter punishment or exempted from punishment. The loss of interest caused to the state and the collective should be recovered. If the amount of misappropriation of public funds is huge, more than three months, and all of them have been returned before the incident, a lighter punishment may be given as appropriate.

(2) Misappropriation of public funds, which is a large amount and belongs to individual profit-making activities, constitutes the crime of misappropriation of public funds, and is not limited by the time of misappropriation and whether to return it. If part or all of the principal and interest are returned before the incident, a lighter punishment may be given; If the circumstances are minor, punishment may be exempted.

Misappropriation of public funds deposited in banks to raise funds, buy stocks, government bonds, etc. Belonging to misappropriation of public funds for profit-making activities. The illegal income such as interest and income obtained shall be recovered, but it shall not be included in the amount of misappropriation of public funds.

(three) misappropriation of public funds for personal use, gambling, smuggling and other illegal activities, which constitutes the crime of misappropriation of public funds, is not limited by the "large amount" and the misappropriation period.

Misappropriation of public funds for other people's use without knowing that the user is using public funds for profit-making activities or illegal profit-making activities, and the amount is large and has not been paid back for more than three months, which constitutes the crime of misappropriation of public funds; Knowing that users are used for profit-making activities or illegal activities, they should be identified as misappropriating public funds for profit-making activities or illegal activities.

References:

The Supreme People's Procuratorate Net-Criminal Law

References:

China Court Network-Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery