The leader of the villagers' group took advantage of his position to illegally appropriate the collective property of the villagers' group as his own. Is this a crime of corruption?

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Standards for filing corruption crimes

If corruption is suspected of one of the following circumstances, a case should be filed:

1. The amount of personal corruption is more than 5,000 yuan;

2. The amount of personal corruption is less than 5,000 yuan, but the person has the ability to engage in corruption relief, emergency rescue, flood prevention, epidemic prevention, preferential care, poverty alleviation, immigration, relief Money and property and fundraising materials, stolen money and property, fines and confiscation of money and property, temporary withholding of money and property, as well as bad corruption methods, destruction of evidence, transfer of stolen property, etc.

Sentencing Standards for Corruption Crimes

1. Anyone who embezzles more than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and may also be subject to confiscation of property; if the circumstances are particularly serious, , sentenced to death and confiscation of property. The so-called personal amount of corruption refers to the actual amount of corruption committed by an individual in a single crime; in the same crime, for the leader of an organization or LD corruption criminal group, it refers to the total amount of corruption of the corruption criminal group, and for other ***For corruption criminals, it refers to the amount of money a person actually participated in corruption. The so-called particularly serious circumstances generally refer to the ringleaders of major corruption criminal groups, corruption crimes that have caused particularly heavy losses to the interests of the country and the people, and particularly serious consequences, or those who have entered into offensive and defensive alliances after corruption, destroyed evidence of crimes, retaliated against witnesses, or refused to commit crimes. Return of stolen goods, particularly egregious cases, etc. Only when the two conditions are met: the amount of personal corruption exceeds 100,000 yuan and the circumstances are particularly serious, the death penalty can be imposed, and the property will be confiscated. Those who possess only one of these conditions cannot be sentenced to death.

2. Anyone who embezzles more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and his property shall be confiscated.

3. Anyone who embezzles more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than 10 years. If the amount of personal corruption is more than 5,000 yuan but less than 10,000 yuan, and if the person shows repentance after committing the crime and actively returns the stolen money, the punishment may be reduced or exempted from criminal punishment, and administrative sanctions shall be imposed by the unit where he/she works or the superior authority. Accordingly, if the amount of personal embezzlement is more than 10,000 yuan, even if the perpetrator shows repentance after committing the crime and actively returns the stolen money, the punishment shall not be reduced or exempted (except for other statutory mitigating or exempting circumstances).

4. If the amount of personal embezzlement is less than 5,000 yuan, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are relatively minor, he shall be given administrative sanctions at the discretion of his unit or the superior authority.

Those who commit multiple corruption cases without handling them will be punished according to the cumulative amount of corruption. Repeated corruption without treatment refers to two or more acts of corruption that have received neither criminal punishment nor administrative punishment. The cumulative amount of corruption shall be determined in accordance with the provisions of this Law on the statute of limitations for prosecution. The amount of corruption within the statute of limitations for prosecution shall be calculated cumulatively, and the amount of corruption that has expired shall not be calculated.

Paragraph 3 of this article stipulates: Anyone who colludes with the persons listed in the previous two paragraphs and engages in corruption shall be punished as a criminal. According to the crime theory, if two or more people commit corruption together, they will be punished separately according to the amount of individual income and their role in the crime. The ringleaders of a corruption group shall be punished according to the total amount of corruption committed by the group. The principal culprits in other corruption crimes shall, if the circumstances are serious, be punished according to the total amount of corruption. For cases of corruption and corruption that have not yet divided the spoils, the individual criminals shall be punished based on their status and role in the crime of corruption and corruption, and with reference to the total amount of corruption and the average amount among the members of the conspiracy. criminal liability. For those who have committed corruption and whose personal income has not reached 5,000 yuan but whose amount exceeds 5,000 yuan, those who are primarily responsible shall be punished. If the circumstances are relatively minor, they shall be punished at the discretion of their unit or the superior authority. Administrative sanctions.

When judicial organs impose the main sentence on corruption criminals, they should also confiscate their property in accordance with the law, or order refunds and compensation. When handling cases, we must actively pursue the stolen goods to prevent corrupt criminals from taking advantage of the economy. The recovered public property should be returned to the original unit; if it should not be returned to the original unit according to law, it should be turned over to the state treasury.

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