How long will the village secretary serve for the crime of embezzlement and misappropriation of public funds of 200,000 yuan?

Village Secretary, Corruption, Misappropriation of Public Funds, How many years will he be in prison for misappropriating 200,000 public funds? The village party secretary embezzled and misappropriated public funds of 200,000 yuan. The amount was relatively large. He was suspected of corruption and misappropriation of public funds. Generally speaking, he was sentenced to fixed-term imprisonment of less than five years. If you actively return the stolen goods and have a serious attitude, you can be sentenced to probation. Any of the following circumstances shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) Misappropriation of public funds exceeding one million yuan; (2) Misappropriation of disaster relief, emergency rescue, Specific funds and materials for flood prevention, special care, poverty alleviation, immigration, and relief, the amount is more than 500,000 yuan but less than 1 million yuan; (3) Misappropriation of public funds is not refundable, and the amount is more than 500,000 yuan but less than 1 million yuan; ( 4) Other serious circumstances. Article 6 If public funds are misappropriated for personal use, engaged in profit-making activities or have not been repaid for more than three months, and the amount exceeds 50,000 yuan, it shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount exceeds five million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law. Any of the following circumstances shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) Misappropriation of public funds exceeding RMB 2 million; (2) Misappropriation of public funds for disaster relief, emergency rescue, Specific funds and materials for flood prevention, special care, poverty alleviation, immigration, and relief, the amount is more than one million yuan but less than two million yuan; (3) Misappropriation of public funds is not refundable, and the amount is more than one million yuan but less than two million yuan; (3) Misappropriation of public funds is not refundable, the amount is more than one million yuan but less than two million yuan; 4) Other serious circumstances. Components Object The object violated by this crime is mainly the ownership of public property. At the same time, it also violates the country's financial management system to a certain extent. The direct object of the crime of misappropriation of public funds is the right to use public funds. At the same time, the perpetrator must possess the public funds after misappropriating them, and some even gain profits from it. Ownership includes four interrelated and relatively independent rights: possession, use, income, and disposal. Therefore, infringement of ownership rights must also be an infringement of ownership. The violation of title does not mean that title is transferred. According to the provisions of China's "General Principles of Civil Law", obtaining ownership must be in accordance with legal provisions. Therefore, in this legal sense, it is actually impossible to truly obtain ownership of any property crime. The crime of misappropriation of public funds, like corruption, infringes upon property ownership. The difference lies only in the degree to which the ownership rights are infringed. At the same time, precisely because the crime of misappropriation of public funds directly infringes upon the right to use public funds, and this violates the public funds use system in the national financial and economic management system, it also violates the national financial and economic management system. However, since the main object violated by misappropriation of public funds is the ownership of state public property, the objects violated by the crime of embezzlement include: ownership of state-owned property, ownership of collective property of the working people, social donations or donations used for poverty alleviation and other public welfare undertakings. Ownership of property of special funds, ownership of private property managed, used or transported by state agencies, state-owned companies, enterprises, collective enterprises and people's organizations, ownership of funds of non-state-owned companies, enterprises and other non-state-owned units, non-state-owned finance The ownership of client funds in an institution, among which the criminal objects of the crime of misappropriation of public funds include both natural public funds and proposed public funds. The main object of this crime is public funds. This includes both national and collective monetary funds, as well as privately owned currencies managed, used, transported, exchanged and stored by the state. In state-owned enterprises and companies, if a person with the status of a state employee misappropriates the property of the enterprise or company, it is an infringement of the ownership of the public property. In Sino-foreign joint ventures, cooperatives, joint-stock companies, and enterprises, if a person with the status of a state employee misappropriates the funds of the above-mentioned companies or enterprises, it should also be regarded as an infringement of public property ownership. According to the provisions of Article 384 of this Law, those who misappropriate funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief for personal use shall be severely punished as the crime of misappropriation of public funds. Therefore, these specific public funds and public properties can become the object of sin. Misappropriation of public property for personal use should generally be handled by the competent departments in accordance with political disciplines. If the circumstances are serious and criminal liability needs to be investigated, the crime of misappropriation of public funds can be punished at a reduced price. Therefore, general public property can also become the object of this crime. Public funds in a broad sense refer to public funds, state-owned funds and specific funds and property, as well as non-state-owned units (financial institutions) and customer funds. It has both the natural characteristics of public property and the characteristics of proposed public property. Among them, public funds refer to funds owned by the public; state-owned funds refer to funds owned by the state; specific funds and materials refer to funds specially used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, Immigration, relief funds and materials. It can be owned by the state, collective organizations of working people, or social welfare organizations; non-state-owned unit funds refer to funds owned by non-state-owned companies, enterprises and other non-state-owned units; client funds refer to All funds owned by clients of financial institutions. Therefore, public funds in a broad sense include not only public funds and state-owned funds, but also specific property and non-state-owned units and customer funds. The so-called public funds in a narrow sense refer specifically to all funds of the public. Including state-owned funds, funds collectively owned by the working people, or special social donation funds used for poverty alleviation and other public welfare undertakings. Such public funds only have the natural characteristics of public property.

The subject of this crime is a special subject, that is, a state worker. The state worker mentioned here has basically the same connotation and denotation as the state worker in the aforementioned crime of corruption. It is also specific and official (position). State functionaries who commit the crime of misappropriation of public funds include: state functionaries who engage in official duties in state agencies. Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations; persons assigned by state-owned units to perform public service in non-state-owned units; other personnel engaged in public service in accordance with the law. It should also be noted that when the embezzler and the user are separated, non-state employees can also become the subject of the crime of misappropriation of public funds. According to Article 8 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Misappropriation of Public Funds", when a state employee misappropriates public funds for the use of others, the user (non-state employee) and the misappropriator (state employee)* Anyone who instigates or participates in planning to obtain misappropriated funds shall be convicted and punished as a criminal who commits the crime of misappropriation of public funds. The objective aspect of this crime is that the perpetrator took advantage of his position, misappropriated public funds for personal use, carried out illegal activities, or misappropriated a relatively large amount of public funds for profit-making activities, or misappropriated a relatively large amount of public funds for more than three The behavior of not paying back the month. It contains three elements: 1. The perpetrator committed the act of embezzling public funds. That is, the perpetrator diverts public funds for other purposes without legal approval. 2. The perpetrator took advantage of his position. The act of misappropriating public funds was carried out by taking advantage of his position as a supervisor, manager and handler of public funds. 3. The public funds misappropriated by the perpetrator are for personal use. The so-called personal use includes not only being used by the misappropriator himself, but also being handed over or loaned to others by the misappropriator. According to the provisions of this article, misappropriation of public funds for personal use may specifically include the following three situations: 1. Misappropriation of public funds for personal use for illegal activities. The illegal activities mentioned here refer to the misappropriation of public funds for individuals or others to carry out smuggling, gambling and other illegal and criminal activities. For conviction in this case, there is no requirement that the amount of misappropriation of public funds must reach a large amount, nor does it stipulate how long the misappropriation lasts. According to the Supreme People's Court's "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Cases of Misappropriation of Public Funds" (May 1998) According to the regulations that came into effect on the 9th, if public funds are misappropriated for personal use and illegal activities are carried out, the starting point is 5,000 yuan to 10,000 yuan; if public funds are misappropriated for personal use for profit-making activities, or if public funds are misappropriated for personal use and have not been repaid for more than three months , starting from 10,000 yuan to 30,000 yuan. If the embezzlement of public funds does not meet the above standards, it is generally not considered to constitute a crime. 2. Misappropriation of public funds to individuals for profit-making activities, and the amount is relatively large. This refers to the misappropriation of a relatively large amount of public funds as capital for the misappropriator or others to carry out profit-making activities. For example, the misappropriator himself or others use the misappropriated public funds for production, operation, buying and renting houses, and use them as stock capital for individuals to participate in business activities. If the perpetrator embezzles public funds and lends them to a bank or lends them to others for personal gain, etc., he then lends the misappropriated public funds to enterprises, institutions, agencies, and groups in his own name for private gain, regardless of whether these entities use the misappropriated public funds for personal gain. For profit-making activities, it should be regarded as misappropriation of public funds for personal use for profit-making activities, and cannot be considered as misappropriation of public funds. The larger amount here is from misappropriation of public funds of 10,000 to 30,000 yuan as the starting point, and misappropriation of public funds from 150,000 to 20 Ten thousand yuan is the starting point for a huge amount. For this kind of misappropriation of large amounts of public funds to individuals for profit-making activities, the law neither requires how long the misappropriation of public funds must last, nor does it require that the perpetrator's profit-making purpose must be truly achieved. However, if the perpetrator has partially or fully repaid the principal and interest before the crime occurs, the circumstances may be distinguished and a lighter punishment may be given. If the circumstances are minor, the punishment may be exempted. 3. Misappropriation of public funds is used by individuals for purposes other than the above-mentioned illegal activities and profit-making activities, and the amount is relatively large and has not been repaid for more than three months. Such as misappropriating public funds to build private houses, purchase furniture and other daily necessities, arrange weddings and funerals, pay medical expenses, or repay family and personal debts, etc. This situation requires that the embezzlement of public funds must reach a certain amount. It also requires embezzlement of public funds to last for a certain period of time. The starting point for the larger amount here is 10,000 to 30,000 yuan, and the starting point for the huge amount is 150,000 to 200,000 yuan. "Failure" refers to failure to return the money before the incident (before being discovered by judicial authorities, competent departments or relevant units). If the amount of public funds embezzled is relatively large and exceeds three months, and the principal has been returned in full before the incident, the punishment may be lighter or reduced. The loss of interests caused to the country and the collective shall be recovered. If the amount of public funds embezzled is huge and the amount exceeds three months, although all principal and interest have been repaid before the incident, the person shall be given a lighter punishment. In practice, there are also cases where the perpetrator misappropriates public funds multiple times and uses the public funds misappropriated later to return the public funds misappropriated previously, and the interval between each misappropriation does not exceed three months. In this regard, the first misappropriation should be The time period for embezzlement of public funds begins. Continuously accumulated until the misappropriation is terminated. When investigating the perpetrator's criminal liability, the amount of embezzled public funds shall be determined based on the final amount that has not been returned. Misappropriating public funds for others to use without knowing that the user uses the public funds for profit-making activities or illegal activities, and the amount is relatively large and has not been repaid for more than three months shall constitute the crime of misappropriation of public funds. If the user knowingly uses the public funds for profit-making activities or illegal activities, It should be determined that the embezzler has misappropriated public funds to carry out profit-making activities or illegal activities. Subjective aspect: The subjective aspect of this crime is direct intentionality. The perpetrator knowingly misappropriates public funds for other purposes, and the purpose of the crime is to illegally obtain the right to use public funds.

However, its subjective characteristic is that it only temporarily obtains the right to use public funds illegally with the intention of returning it later. As for the perpetrator's motives for misappropriating public funds, there may be various motives. Some are for profit, some are due to temporary family difficulties, some are to sponsor others, and some are to engage in illegal and criminal activities. The motive does not affect the conviction of this crime. Specifically, the crime of misappropriation of public funds has the following subjective characteristics: 1. Misappropriation of public funds is illegal. That is, the perpetrator uses public funds privately in violation of rules and regulations without approval or permission (including direct express permission or indirect express acquiescence). Among them, rules and regulations are extensive. Therefore, the illegality of misappropriation has two meanings: first, intentional violation of rules and regulations related to the management of public funds; second, intentional violation of rules and regulations related to the use of public funds without legal approval or permission. 2. The original meaning of misappropriation refers to the private use, diversion, occupation and borrowing of public funds. The purpose of the behavior is to use, not to possess, public funds. Among them, the purpose of the behavior includes: ⑴ misappropriation of public funds for personal use; ⑵ misappropriation of public funds for illegal activities; ⑶ misappropriation of public funds for profit-making activities. 3. Misappropriation does not mean embezzlement of public funds, but preparation for return, which has the characteristics of unauthorized borrowing. Even if the property cannot be returned after misappropriation, it is not due to the subjective and intentional possession of the actor, but due to objective reasons beyond the will of the actor. Therefore, in judicial practice, when determining the subjective aspects of the crime of misappropriation of public funds, the following points can be grasped: whether it is knowingly knowing that it is public funds; whether it is intentionally used illegally; whether it is only intended to be temporarily misappropriated; whether it is prepared to return it later. When the misappropriator and the user are inconsistent, and if the misappropriator does not know that the user is using public funds to carry out illegal activities, he can only be punished as misappropriating public funds for profit or misappropriating public funds for personal use based on the content of the misappropriator's knowledge. If the misappropriator knows that the user is using public funds to carry out illegal activities, he will be punished as misappropriating public funds for illegal activities; if after the misappropriator starts committing the crime, his subjective intention develops from temporary misappropriation to illegal and permanent possession, regardless of whether the perpetrator is subjectively serious If the person has the purpose of illegally permanently possessing public funds, regardless of whether such possession has objectively existed, as long as the possession is not repaid for more than three months, he will be punished as the crime of misappropriation of public funds, and not as the crime of corruption or misappropriation. Therefore, the crime of misappropriation of public funds, the crime of embezzlement, and the crime of embezzlement are different in the development process of the perpetrator's criminal intention; the crime of misappropriation of public funds begins with the use of public funds, and may later develop into possession; while the crime of embezzlement and embezzlement always runs through the purpose of possessing public funds. Based on what has been said above, our country’s laws stipulate that embezzlement of public funds is a major crime. Once discovered, you will be severely punished. The general penalty standard is to be sentenced according to the amount of misappropriation. The larger the amount, the greater the penalty. The greater the punishment, the greater the punishment. Therefore, our country's regulations on this crime are very strict, which means that these people must pay the due price.