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When dealing with the crime of joint occupation of husband and wife, the court will comprehensively consider such factors as the amount of money involved, the use of office facilities, criminal intent and behavior, and whether there are mitigating circumstances. The amount involved in the case is divided into three grades: "large amount", "huge amount" and "especially huge amount", and each grade corresponds to different prison terms. If the husband and wife conspire to occupy the property of the unit by taking advantage of their positions and the amount is large, they may face imprisonment of less than three years or detention plus fine. When the amount is huge or especially huge, the punishment is heavier. The final judgment depends on the specific circumstances of the case.
#Criminal defence
847 readings
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The crime of misappropriating funds refers to the act of misappropriating the funds of a unit for personal use or lending them to others by taking advantage of one's position, which is relatively large and has not been returned for more than three months, or has been used for profit-making or illegal activities although less than three months. According to Article 272 of the Criminal Law of the People's Republic of China, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount is huge, he shall be sentenced to fixed-term imprisonment of three to seven years; if the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years. Voluntary surrender and return of funds may be given a lighter or mitigated punishment at the time of sentencing, and those with minor circumstances may be exempted from punishment.
#Criminal defence
1118 readings
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According to Article 271 of the Criminal Law of the People's Republic of China, the criminal responsibility of the crime of official embezzlement depends on the amount of money involved. Those with a small amount of money may face up to three years' imprisonment, detention or fine; Those with large amount of money may be sentenced to three to ten years' imprisonment and fine; Those with a particularly large amount of money may face more than 10 years of imprisonment, life imprisonment and fine. The specific amount standard is formulated by the Supreme People's Court and the Supreme People's Procuratorate. Limited by current laws, it is impossible to provide specific filing standards, so it is impossible to conduct a detailed case analysis.
#Criminal defence
1027 readings
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The crime of official embezzlement refers to the act of illegally occupying the property of the unit by taking advantage of official convenience, which needs to meet the three elements of taking advantage of official convenience, illegal possession and the amount of money reaching the statutory standard. Whether the borrowing behavior constitutes this crime depends on whether there is the purpose of illegal possession and beyond the scope of authority. It does not constitute a crime to borrow money legally and operate according to procedures. To judge whether it constitutes the crime of official embezzlement, it is necessary to comprehensively consider the borrower's identity, borrowing process, purpose and other factors. Only when the behavior fully meets the constitutive requirements can it be judged as a crime.
#Criminal defence
1025 readings