What is the sentencing standard for the crime of misappropriating funds in 2022?

I. Sentencing Criteria for the Crime of Misappropriation According to the provisions of the Criminal Law, anyone who commits the crime of misappropriation of funds shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. 1. Article 272 of the Criminal Law commits the crime of misappropriating funds. Employees of companies, enterprises or other units who, taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not been more than three months, the amount is relatively large, and they engage in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. 2. Probation is not applicable under any of the following circumstances: (1) misappropriating funds of more than 400,000 yuan or misappropriating funds for illegal activities150,000 yuan or more; (2) Not all stolen goods have been returned; (3) *** The principal of the same crime, and the circumstances of the crime are serious; (4) It has a great influence in this city and has a strong social response. Two. 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, the starting point of the cases of "large amount", "huge amount" and "illegal act" in the crime of misappropriation of funds should be twice as much as the cases of "serious circumstances" and "illegal act" in this interpretation. 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 in an amount of more than 30,000 yuan shall be investigated for criminal responsibility for corruption 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" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) 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" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than 2 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. Attention should be paid to "although it is not more than three months, the amount is large, and it is engaged in profit-making activities" and "engaged in illegal activities". Although there is no requirement for the length of time in this law, if the misappropriation time is short and the social harm is not great, it can be considered as "the circumstances are obvious and the harm is slight" as stipulated in Article 13 of this law, but it is not considered as a crime.