What is the crime of reselling epidemic prevention materials?

What is the crime of reselling epidemic prevention materials?

1, reselling epidemic prevention materials is suspected of corruption. Sentencing is:

(1) Whoever embezzles a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined;

(2) If the amount of corruption is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated;

(3) If the amount of corruption is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or his property confiscated. If the amount of corruption is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.

2. Legal basis: Article 382 of the Criminal Law of People's Republic of China (PRC).

Provisions for Punishing Corruption Those who commit corruption shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) Whoever embezzles a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

(2) If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated.

(3) If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.

If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.

Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, and actively returns stolen goods to avoid or reduce the occurrence of damage. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third provisions, a lighter punishment may be given.

If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.

Second, what are the constitutive elements of corruption?

1, the object of the crime of corruption is a complex object, that is, it infringes on the integrity of state staff and the ownership of public property;

2. The crime of corruption is objectively manifested as the behavior of the actor taking advantage of his position to embezzle, steal, defraud or illegally occupy public finance by other means;

3. The subject of the crime of corruption is a special subject, that is, it must be a state functionary;

4. The subjective aspect of the crime of corruption must be intentional and have the criminal purpose of illegally occupying public finance.