How to judge whether to embezzle public funds and run away?

Legal analysis: in judicial practice, how to identify "absconding by misappropriating public funds" needs to pay attention to the following three points:

1. The relationship between "carrying" and "absconding". The so-called absconding refers to the behavior of the perpetrator to hide and escape in order to avoid legal investigation when he finds that the criminal facts are about to be exposed or have been exposed. Carrying and absconding go hand in hand and complement each other, and absconding without carrying is meaningless; Carrying is indispensable throughout the whole process of absconding, otherwise there is no legal basis for identifying corruption.

2. The scope of "public funds". Public funds here can be understood not only as cash, but also as securities, gold and silver jewelry, etc. In practice, some actors use public funds to buy stocks and keep them privately, and abscond with these stocks, passbooks and debit cards. After the incident; Others use public funds to buy gold and silver jewelry and deposit public funds into bank cards. Carrying bank cards or gold and silver jewelry when fleeing should be recognized as public funds.

3. Correctly understand "carrying". At this time, "carrying" can't just mean carrying it with you, that is, it can't be simply understood as money and things on the doer, but an expanded explanation should be made, that is, it can be understood that the actor can actually control public funds. In practice, some actors hide public funds when they escape, or deposit them in other people's places, or lend them to others for use after absconding, which should be considered as "carrying".

Legal basis: Article 384 of the Criminal Law of People's Republic of China (PRC), any state functionary who, by taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months and fails to pay them back, shall be punished as corruption and 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.