Misappropriation of social security funds what crime

Legal analysis: the misappropriation of social security may constitute the crime of misappropriation of funds, the crime of misappropriation of funds refers to the company, enterprise or other units of the staff, the use of the convenience of their duties, the misappropriation of the funds of the unit for personal use or loaned to others, the amount of money, more than three months have not yet been repaid, or although not more than three months, but the amount of money, the profit-making activities, or illegal activities of the behavior.

Legal basis: The Criminal Law of the People's Republic of China Article 272 A staff member of a company, enterprise or other unit who, taking advantage of the convenience of his position, misappropriates the funds of the unit for his own personal use or lends them to another person for a larger amount that has not been repaid for more than three months, or who, although not more than three months old, carries out a profit-making activity in a large amount or carries out an unlawful activity shall be sentenced to imprisonment for three years or less or detention; or to imprisonment for three years or detention. fixed-term imprisonment of not more than three years or criminal detention; where the amount of misappropriation of the unit's funds is huge, the penalty shall be fixed-term imprisonment of not less than three years and not more than seven years; where the amount is particularly huge, the penalty shall be fixed-term imprisonment of not less than seven years. Where a person engaged in public service in a state-owned company, enterprise or other state-owned unit and a person appointed by a state-owned company, enterprise or other state-owned unit to engage in public service in a non-state-owned company, enterprise or other unit commits an act under the preceding paragraph, he or she shall be convicted and punished in accordance with the provisions of Article 384 of this Law. A person who commits the acts described in the first paragraph and returns the misappropriated funds before public prosecution is instituted may be punished in a lighter or mitigated manner. Where the crime is less serious, the punishment may be mitigated or exempted