The standard amount of filing a case for job occupation in Henan Province is 202 1.

Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. If the amount of illegal possession is more than 5,000 yuan and less than 6,543.8+0,000 yuan, it shall be prosecuted and the amount shall be calculated cumulatively.

All along, our country has been cracking down on corruption crimes, because corruption crimes violate the integrity of our country's posts, so the harm to our country is very serious. It is precisely because of this that our country has stipulated the crime of duty embezzlement, and many people want to know about it. What is the filing standard of the crime of duty embezzlement in Henan Province?

1. What is the filing standard for the crime of duty embezzlement in Henan Province?

1. The starting point and benchmark punishment of fixed-term imprisonment and criminal detention with a statutory penalty of less than five years.

Whoever takes advantage of his position to illegally occupy the property of his unit and the amount of crime reaches the starting point of "relatively large amount" shall determine the starting point of sentencing within the range of four months of criminal detention to six months of fixed-term imprisonment.

On the basis of the starting point of sentencing, for every 2,000 yuan increase in the amount of crime, one month's fixed-term imprisonment can be increased to determine the benchmark punishment.

2. The sentencing starting point and benchmark punishment of statutory punishment within the range of fixed-term imprisonment of more than five years.

Whoever takes advantage of his position to illegally occupy the property of his unit and the amount of crime reaches the starting point of "huge amount" shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than five years but not more than six years.

On the basis of the starting point of sentencing, if the crime amount is less than 1 800,000 yuan, the sentence will be increased by1month for every 30,000 yuan increase; If the amount of crime exceeds1800,000 yuan, the sentence will be increased by one month for every additional 60,000 yuan.

If the benchmark punishment is more than 10 years, the announced punishment is generally fixed-term imprisonment of more than five years, except for those who have made significant meritorious service or are accomplices or have two or more other statutory mitigating circumstances, and all the personal income has been refunded.

Two, one of the following circumstances, can be given a heavier punishment, but at the same time there are two or more situations, the cumulative shall not exceed 100% of the benchmark punishment:

(1) If the professional behavior seriously affects the production and operation or causes other serious losses or adverse effects, the benchmark punishment can be increased by less than 30%; If there are two or more situations at the same time, the benchmark penalty will be raised to below 10%;

(2) For multi-job occupations, the benchmark punishment shall be increased by less than 20%;

(3) If the post encroaches on the relief funds and materials used for the prevention and treatment of sudden infectious diseases, the benchmark punishment will be increased by10%-30%;

(four) occupation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, donation, social insurance, education, land acquisition, demolition and other special funds and materials. The benchmark punishment should be increased by less than 20%;

(5) If the illegal money obtained from the crime of duty embezzlement is used for illegal business operations, smuggling, drug abuse, gambling, bribery and other illegal and criminal activities, the benchmark punishment shall be increased by less than 20%.

(six) other circumstances that can be severely punished.

Article 183 of the Criminal Law: Crime of Duty Embezzlement

Any employee of an insurance company who, by taking advantage of his position, deliberately fabricates an insurance accident that has never happened to make false claims and defrauds the insurance money into personal possession shall be convicted and punished in accordance with the provisions of Article 271 of this Law. Staff members of state-owned insurance companies and personnel assigned by state-owned insurance companies to engage in public service in non-state-owned insurance companies who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

What we can tell you clearly is that the standard for filing the crime of duty embezzlement must be large. Of course, this large amount is also clearly defined in the relevant judicial interpretation. Bian Xiao will give you a brief introduction here, or you can consult a lawyer.