How to deal with misappropriation of public funds without permission?

There are several ways to deal with misappropriation of public funds privately:

1. If the amount is relatively small and does not meet the crime standard, no criminal responsibility unit can handle it by itself.

2. If the amount is large and not returned in time, the criminal suspect constitutes the crime of misappropriating public funds, and the sentencing standards are as follows:

(1) Whoever misappropriates public funds for illegal or profit-making activities and fails to return them in time in a large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;

(2) If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years;

(3) Whoever misappropriates a huge amount and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment;

(4) Whoever misappropriates funds for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief shall be given a heavier punishment.

The composition of the crime of misappropriation of public funds includes the following contents:

1, object element.

The object of this crime is mainly the ownership of public property, which also violates the national financial management system to some extent.

The direct object of the crime of misappropriating public funds is the right to use public funds, and at the same time, the actor will inevitably possess it after misappropriating public funds, and some will also benefit from it. Ownership includes four interrelated and relatively independent powers: possession, use, income and disposal. Therefore, the infringement of ownership power must be an infringement of ownership.

The object of this crime is mainly public funds. This includes both monetary funds owned by the state and the collective, and private money in the process of state management, use, transportation, exchange and storage. In state-owned enterprises and companies, people with the status of state functionaries misappropriate the property of enterprises and companies, which is an infringement on the ownership of public property. In Sino-foreign joint ventures, cooperative ventures, joint-stock companies and enterprises, misappropriation of the funds of the above-mentioned companies and enterprises by people with the status of state staff should also be considered as infringement of the ownership of public property.

2. objective factors.

The objective aspect of this crime is that the actor takes advantage of his position to misappropriate public funds for personal use, engage in illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate public funds for more than three months.

3. Main elements.

The subject of this crime is a special subject, that is, national staff. The connotation and extension of national staff mentioned here are basically the same as those mentioned in the crime of corruption. It is also very specific and professional.

4. Subjective factors.

Subjectively, this crime has direct intention. The perpetrator knew that it was public funds and deliberately used it for other purposes. Its criminal purpose is to illegally obtain the right to use public funds. However, its subjective feature is that it only illegally obtained the temporary right to use public funds and intends to return them later. As for the motives of the perpetrator to misappropriate public funds, there may be various reasons, some for profit, some for temporary family difficulties, some for funding others, and some for engaging in illegal and criminal activities. How the motive does not affect the establishment of this crime.

Legal basis:

Criminal law of the people's Republic of China

Article 384

State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds for more than three months, are guilty of corruption and are 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.