2016 April 18- Latest sentencing standards for the crime of misappropriating funds.

1. The sentencing standard for the crime of misappropriating funds has been stipulated by the Supreme People's Court and the Supreme People's Procuratorate in the form of judicial interpretation on April 20 16. The full name of the judicial interpretation is 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.

2, according to the provisions of the judicial interpretation, misappropriation of funds, illegal activities, the starting point of conviction is 60 thousand yuan; Whoever misappropriates gold panning for personal use or conducts profit-making activities, the starting point of conviction is100,000 yuan.

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 to engage in illegal activities and the amount is more than 30,000 yuan shall be investigated for criminal responsibility 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 "a huge amount" as stipulated in the first paragraph of Article 384th 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:

(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 Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to pay them back for more than three months, and the amount is more than 50,000 yuan, shall be deemed as "a large amount" 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 "a huge amount" as stipulated in the first paragraph of Article 384th 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:

(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 11 The starting point of the amount of "large amount" and "huge amount" in the crime of accepting bribes by non-state staff as stipulated in Article 163 of the Criminal Law and the crime of embezzlement by taking advantage of posts as stipulated in Article 271 shall be two times and five times the corresponding amount standards for the crime of accepting bribes and corruption as stipulated in this Interpretation.

The starting point of the amount of "large amount", "huge amount" and "engaging in illegal activities" in the crime of misappropriating funds stipulated in Article 272 of the Criminal Law shall be twice the amount standard of "large amount", "serious circumstances" and "engaging in illegal activities" in this interpretation.