-
Professional answers The crime of official embezzlement refers to taking advantage of his position to illegally occupy the property of the unit for himself, and the case will be filed if the amount reaches 60000 yuan or more. The sentencing standard is determined according to the amount of money involved: if the amount involved is small, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; If the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of three to ten years and shall also be fined; If the amount involved 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.
2024.10.25
1411 Reading
-
Professional answers The key difference between the crime of official embezzlement and the crime of privately dividing state-owned assets is reflected in the two aspects of the perpetrator and the object it infringes. The former means that practitioners in companies, enterprises or other organizations take advantage of their positions to occupy the property of their units without authorization; The latter refers specifically to government agencies, state-owned enterprises and institutions, and people's organizations that collectively distribute state-owned assets to individuals in the name of the unit without complying with relevant regulations.
2024.10.23
1195 Reading
-
Professional answers The social impact and severity of the two crimes, the crime of official embezzlement and the crime of selling stolen goods, mainly depend on the amount of money involved and the circumstances of the case. Among them, the crime of duty embezzlement is mainly aimed at the assets of companies, enterprises or other organizations, while the crime of selling stolen goods refers to the act of selling goods that are known to be illegal gains. In general, the crime of duty embezzlement involves the abandonment of professional ethics and the direct infringement of company funds, which may lead to a more severe punishment than the crime of selling stolen goods.
2024.10.23
1689 Reading
-
Professional answers In the crime of fraud, the perpetrator often induces the victim to deliver property by fabricating false facts or concealing the authenticity of information, and such victims are often the general public or individuals without special identity. However, the crime of duty embezzlement refers to the serious illegal act that employees in companies, enterprises and other units use the power and convenience granted by their positions to illegally occupy the assets of their units. There are significant differences between the two crimes. The former pays more attention to the use of fraud, while the latter focuses on the illegal embezzlement of public funds against the core element of post convenience.
2024.10.23
1360 Reading
-
Professional answers With regard to the filing and prosecution process of the crime of duty embezzlement, we can generally understand the following steps: first, when companies, enterprises or other institutions detect that their employees are suspected of carrying out duty embezzlement, they often first conduct internal investigations to collect relevant evidence; Secondly, after obtaining sufficient and powerful evidence, the relevant units will submit a formal report application to the local public security department; Next, after receiving the report information and preliminarily evaluating the nature of the case, if the public security organ confirms that there are criminal facts and that it is necessary to investigate legal responsibility, it will start the case filing procedure; Then, the public security organ will carry out a comprehensive investigation, including collecting, fixing evidence and investigating the facts of the case in depth; In the process of investigation, the public security organ may, according to the needs of the case, take corresponding coercive measures against the persons involved, such as applying for arrest or obtaining a guarantor pending trial; After the investigation is completed, the public security organ will again evaluate whether the criminal responsibility of the person involved should be investigated. If the conclusion is affirmative, the case will be transferred to the procuratorial organ for review and prosecution; Finally, the procuratorial organ shall initiate a public prosecution on behalf of the state, and the court shall try it according to law, and finally make a fair judgment.
2024.10.23
1887 Reading
