How to deal with full refund before misappropriating public funds?

According to the relevant laws and regulations of our country, the misappropriation of public funds that are earning interest or need to pay interest is for personal use, and the amount is relatively large, but if all the principal is returned more than three months before the incident, it can be given a lighter punishment or exempted from punishment.

1. Take advantage of his position to misappropriate the funds of his own unit for personal use or lend them to others. Among them, "personal use" includes the following three situations:

1. Provide the funds of this unit to myself, relatives and friends or other natural persons;

2. Use the funds of this unit for other units in the name of an individual;

3. Individuals decide to use their own funds for other units in the name of the unit to seek personal interests.

Two, constitute the crime of misappropriation of unit funds or customer funds must meet the following four conditions at the same time:

1. The subject of this crime must be the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions. The "staff of other financial institutions" here refers to institutions engaged in financial business such as trust and investment and financial leasing. Except for the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies and insurance companies such as trust and investment companies, financial leasing companies and finance companies.

2. The actor must be intentional subjectively, not due to the fault of his work or his inexperience in business. The misappropriated funds are for personal use or lent to others.

3. the behavior of the actor using his position to misappropriate the funds of the unit or the client. "Taking advantage of his position" refers to the convenience conditions formed by the subjects listed in this paragraph by taking advantage of the power or authority to be in charge, responsible or handle a certain business. "Misappropriation of funds of the Company or its customers" refers to unauthorized misappropriation of funds owned or controlled by the Company and funds deposited by the Company's customers or entrusted by the Company for settlement, remittance and custody. Fourth, the actor misappropriates the funds of the unit or the client without authorization, and it must meet the legal conditions before it can constitute a crime.

Three, because the provisions are too brief, it may lead to misunderstanding. The key points to note are:

1. The standard of "large amount" of misappropriated funds is 654.38+10,000 yuan, and the starting point of "illegal behavior" of misappropriated funds is 60,000 yuan.

2. The "huge amount" of misappropriation of funds cannot be compared with the "huge amount" of misappropriation of public funds, but should be compared with the "serious circumstances" of misappropriation of public funds. The "huge amount" of misappropriation of funds is usually 4 million yuan, and the "huge amount" of illegal acts is 2 million yuan.

3. Compared with the case of misappropriation of public funds, the general standard is 2 million yuan, and the standard of illegal behavior is 6,543.8+0,000 yuan.

Legal basis:

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.

second

The crime of misappropriating public funds should be identified in three different 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 misappropriation time.

Misappropriation of public funds for other people's use without knowing that the user is using public funds for profit-making activities or illegal 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.

essay

Misappropriation of public funds for personal use, "a large amount is used for profit-making activities", or "a large amount has not been paid back for more than three months", the starting point of "a large amount" is misappropriation of public funds 1 10,000 yuan to 30,000 yuan, and the starting point of "a huge amount" is misappropriation of public funds150,000 yuan to 200,000 yuan. Misappropriation of public funds "serious" means that the amount of misappropriation of public funds is huge, or although the amount is not large, the means of misappropriation of public funds are bad; Misappropriation of public funds many times; Misappropriation of public funds has seriously affected production and operation, causing serious losses.

"Whoever misappropriates public funds for personal use and engages in illegal activities" shall be fined between 5,000 yuan and 10,000 yuan, and shall be investigated for criminal responsibility. Misappropriation of public funds of more than 50,000 yuan10,000 yuan is one of the cases of misappropriation of public funds for personal use and illegal activities. Other misappropriation of public funds for personal use and illegal activities, if the circumstances are serious, shall be implemented in accordance with the provisions of the first paragraph of this article.

The higher people's courts may, according to the local actual situation and in accordance with the scope of the amount stipulated in this interpretation, determine the specific amount standard for local implementation and report it to the Supreme People's Court for the record.

The standard of the amount of funds appropriated for disaster relief, emergency rescue, flood control, special care, poverty alleviation, resettlement and relief for personal use shall refer to the standard of the amount of funds appropriated for personal use for illegal activities.