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Crime of illegally making profits for relatives and friends

Belongs to Crime of impairing the management order of companies and enterprises

What is the crime of making illegal profits for relatives and friends

The crime of illegally making profits for relatives and friends refers to that the staff of state-owned companies, enterprises and institutions, taking advantage of their positions, entrust their own profitable businesses to their relatives and friends for operation, or purchase commercial products from the units operated and managed by their relatives and friends at a price significantly higher than the market price, or sell commodities to the units operated and managed by their relatives and friends at a price significantly lower than the market price, Or purchasing substandard commodities from the units operated and managed by their relatives and friends, causing heavy losses to the interests of the State.
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Constitutive elements of the crime of illegally making profits for relatives and friends

（1） Object Elements
This crime infringes the property rights and interests of state-owned companies, enterprises and institutions. State owned companies and enterprises, with the goal of obtaining the maximum benefit of property, engage in civil activities with the property authorized by the state to operate and manage, and bear the responsibility for maintaining and increasing the value of assets to investors (i.e. the state). Although the ultimate purpose of state-owned institutions is not to make profits, they engage in civil activities and bear civil liabilities on the basis of funds allocated by the state and within the scope permitted by national laws. The staff members of state-owned companies, enterprises and institutions take advantage of their positions to entrust their profitable businesses to their relatives and friends for operation, or purchase commodities from the units managed by their relatives and friends at a price significantly higher than the market price, Or sell commodities to the units operated and managed by their relatives and friends at a price significantly lower than the market price or purchase unqualified commodities from the units operated and managed by their relatives and friends, which will inevitably damage the interests of state-owned companies, enterprises and institutions, thus making the preservation and appreciation of state-owned property a bubble.
（2） Objective Elements
The objective aspect of this crime is the act of taking advantage of his position to carry out business activities for his relatives and friends, illegally providing facilities, and causing serious damage to national interests. The so-called relatives and friends generally refer to relatives and friends, which should be understood in a broad sense. As long as the actor illegally provides convenience for other people's business activities, it can be deemed as illegal convenience for relatives and friends.
According to Article 166 of the Criminal Law, the ways of illegally providing convenience for relatives and friends to conduct business activities include the following three situations:
1. Give the profitable business of the unit to their relatives and friends for operation. It is usually that the actor takes advantage of his position to decide, participate in economic and trade projects, and grasp the market conditions of economic and trade information in purchase and sales exchanges, and hands over to his relatives and friends the business that he knows is profitable and should be operated for his own unit. However, if this business is not the business of his unit, even if he learned it by taking advantage of his position and handed it over to his relatives and friends for operation, it cannot constitute this crime.
2. Purchase goods from the units managed by their relatives and friends at a price that is significantly higher than the market price or sell goods to the units managed by their relatives and friends at a price that is significantly lower than the market price. In short, it is from the units managed by their relatives and friends to the higher level, thus damaging the interests of the company and enterprises.
3. Purchase unqualified goods from the units managed by their relatives and friends. It requires the doer to purchase the goods of the management unit of his relatives and friends knowing that they are unqualified goods. Knowing clearly includes both that the doer really knows it is unqualified goods and that the doer may know it is unqualified goods. If the goods are purchased without knowing that they are substandard goods, it is impossible to constitute this crime unless it can be determined that the goods are purchased from a unit managed by one's relatives and friends at a price significantly higher than the market price. It should also be pointed out that the purchase of substandard goods from the unit operated and managed by one's relatives and friends, regardless of the price and whether it is a high price purchase, has no impact on the establishment of this crime. This crime can be punished as long as its behavior has seriously damaged the national interests and caused heavy losses to the national interests.
The act of illegally providing convenience for one's relatives and friends to conduct business activities must be the use of one's own position convenience. Those who do not take advantage of their own position cannot constitute this crime. The so-called use of position convenience here mainly refers to the use of the convenient conditions for working in state-owned companies, enterprises and institutions, especially for leadership, production and business activities. They can either use their own positions to directly provide illegal convenience for their relatives and friends, or use their own power and position to control, command and threaten, or influence others to provide illegal convenience for their relatives and friends.
The behavior of the actor must cause significant losses to the national interests to constitute this crime. Although the actor has used his position to illegally facilitate the operation of his relatives and friends, if he has not caused actual losses to the national interests or has actual losses but does not belong to significant losses, he cannot be punished as this crime.
The so-called heavy loss of national interests, here, should mean that the unit has lost the possible profits due to leaving the profitable business of the unit to relatives and friends to operate, that is, the profits that the unit should have received have been transferred to their relatives and friends, and the amount is huge; As well as the huge amount of losses caused by the high price purchase or low price sales of goods from the units that operate and manage their relatives and friends, or even the purchase of unqualified goods from the units that operate and manage their relatives and friends, thus transferring the losses of relatives and friends to the units.
（3） Main elements
The subject of this crime is a special subject, that is, the staff of state-owned companies, enterprises and institutions. The staff here not only refers to the national staff of state-owned companies, enterprises and institutions, but also refers to all the staff of state-owned companies, enterprises and institutions.
（4） Subjective element
This crime can only be constituted subjectively by intention, and has the purpose of making illegal profits. That is, the perpetrator knows that it is a breach of trust to provide convenience for relatives and friends to conduct business activities by taking advantage of his position, but he still intentionally carries out this behavior in order to obtain illegal benefits, and his negligence does not constitute a crime.
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Determination of the crime of illegally making profits for relatives and friends

1、 The boundary between this crime and non crime
To correctly distinguish the boundary between this crime and general breach of trust, we should mainly examine it from three aspects:
First, it depends on whether the actor has taken advantage of his position. If the perpetrator does not take advantage of his position, even if he provides help to his relatives and friends in their business activities, he cannot be punished for this crime.
Second, we should see whether the loss of national interests caused by the perpetrator's breach of trust management behavior has reached a significant level. If the perpetrator's breach of trust management behavior has not caused the loss of national interests to reach a significant level, it cannot be punished as this crime. Whether the amount is huge is not a necessary element to constitute this crime, because in Article 166 of the Criminal Law, there is no provision on the perpetrator's illegal profits and the amount, but only the provisions on the perpetrator's use of his position to carry out business practices that violate his trust and cause heavy or particularly heavy losses to the national interests. Therefore, one of the criteria for dividing this crime from non crime is, It should be determined whether the loss of national interests caused by the perpetrator's breach of trust is significant or especially significant. Here, the heavy losses suffered by the national interests and the huge amount of illegal profits made by the perpetrator, or the amount of money units purchase or sell goods at a high price or even purchase unqualified goods from their relatives and friends' management units, so as to transfer the losses of relatives and friends' management to the units. The huge amount of losses caused is obviously a different criminal result, and should not be confused.
Third, the subject of the crime of breach of trust is a special subject, that is, the staff of state-owned companies, enterprises and institutions. In addition, the breach of trust of personnel does not constitute a crime, and their breach of trust can only be investigated for civil and administrative responsibility. If it constitutes embezzlement or other crimes, it shall be punished as a related crime.
2、 The boundary between this crime and other crimes
This crime and the crime of illegal operation of the same kind of business both take advantage of the convenience of their positions in the objective aspect and are intentional in the subjective aspect, but these two crimes are two crimes with different natures, and their differences are as follows:
1. The subject of crime is different. The subject of this crime is the staff of state-owned companies, enterprises and institutions, while the subject of the crime of illegal operation of the same kind of business is the director and manager of state-owned companies and enterprises.
2. Objectively different. In the objective aspect, the behavior of this crime is to take advantage of his position to entrust the profitable business of his own unit to his relatives and friends, or to purchase commodities from the unit operated and managed by his relatives and friends at a price significantly higher than the market price, or to sell commodities to the unit operated and managed by his relatives and friends at a price significantly lower than the market price, Or purchase substandard goods from the units operated and managed by their relatives and friends, causing heavy or especially heavy losses to the national interests. The objective aspect of the crime of illegally operating the same kind of business is that the perpetrator uses his position to operate for himself or for others the same kind of business as the company or enterprise he works for to obtain illegal interests, and the amount is huge. Here, although the two crimes are both consequential crimes, the criminal consequences are different. The criminal consequences of this crime are to cause heavy losses to the national interests, while the crime of illegal operation of the same kind of business gains huge amounts of illegal interests for the perpetrator.
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Sentencing standards for the crime of illegal profit making for relatives and friends

Any employee of a State owned company, enterprise or institution who, taking advantage of his position, commits one of the following acts, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:

(1) Giving the profitable business of the unit to its relatives and friends for operation;

(2) Purchasing commodities from a unit managed by one's relatives or friends at a price significantly higher than the market price or selling commodities to a unit managed by one's relatives or friends at a price significantly lower than the market price;

(3) Purchasing substandard goods from a unit managed by one's relatives or friends.
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Criteria for filing the crime of illegal profit for relatives and friends

Any staff member of a state-owned company, enterprise or institution who, taking advantage of his position, illegally makes profits for his relatives or friends and is suspected of any of the following circumstances shall be prosecuted:

（1） Causing direct economic losses of more than 100000 yuan to the state;

（2） Making their relatives and friends gain more than 200000 yuan illegally;

（3） Causing bankruptcy of relevant units, suspension of business or production for more than six months, or being revoked of permits and business licenses, or being ordered to close down, cancel or dissolve;

（4） Other circumstances that cause heavy losses to national interests.
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Articles and judicial interpretations of the crime of illegally making profits for relatives and friends

Article 13 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Criteria for the Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) [Cases of Illegal Profit Making for Relatives and Friends (Article 166 of the Criminal Law)], the staff of state-owned companies, enterprises and institutions, taking advantage of their positions to make illegal profits for relatives and friends, shall be prosecuted if they are suspected of one of the following circumstances:

（1） Causing direct economic losses of more than 100000 yuan to the state;

（2） Making their relatives and friends gain more than 200000 yuan illegally;

（3） Causing bankruptcy of relevant units, suspension of business or production for more than six months, or being revoked of permits and business licenses, or being ordered to close down, cancel or dissolve;

（4） Other circumstances that cause heavy losses to national interests.
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Consultation on the crime of illegal profit making for relatives and friends more

2024-06-20 09:39:00

How to deal with the arrest of money laundering crime but no profit

Lutu Haidian District Recent reply:

Analysis: According to the strict definition of relevant laws and regulations, acts involving money laundering activities will undoubtedly be sentenced to criminal responsibility. The current Criminal Law of the People's Republic of China clearly stipulates the corresponding punishment measures: first, those individuals or institutions who take the initiative to participate in money laundering activities and obtain illegal benefits from them will face the punishment of confiscation of all their illegal income and corresponding income, and at the same time, they will also be subject to severe sanctions of imprisonment or criminal detention of less than five years, And a fine ranging from 5% to 20% of the amount of money laundered; Secondly, if the circumstances are relatively serious, the illegal benefits they have obtained and the proceeds they have generated will also be confiscated according to law, and they will also bear criminal responsibility for fixed-term imprisonment of not less than five years but not more than 10 years, and they will also be fined not less than 5 percent but not more than 20 percent of the money laundered; Finally, for those units that organize and implement money laundering activities, we will adopt a more severe double punishment system, that is, not only to impose heavy economic penalties on the unit, but also to investigate the directly responsible person in charge and other directly responsible persons, and impose a punishment of not more than five years' imprisonment or criminal detention. Legal basis: Article 191 of the Criminal Law clearly knows that the proceeds of drug crime, organized crime of triad nature, terrorist activity crime, smuggling crime, corruption and bribery crime, crime of disrupting financial management order, financial fraud crime and the proceeds generated therefrom, and in order to cover up and conceal their source and nature, commits one of the following acts:, Confiscate the proceeds from the crimes mentioned above and the proceeds generated therefrom, and sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than five percent but not more than 20 percent of the amount of money laundered; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 5 percent but not more than 20 percent of the amount of money laundered: (1) providing a capital account; （2） Assisting in converting property into cash, financial instruments or securities; （3） Assisting in fund transfer through transfer or other settlement methods; （4） Assisting in remitting funds overseas; （5） Covering up or concealing the source and nature of criminal gains and their proceeds by other means.

2024-06-20 09:26:00

Is Running the Red Light a Dangerous Driving Crime in Illegal Operation

Neijiang in Lvtu Recent reply:

Analysis: It does not constitute the crime of dangerous driving if it is only for illegal operation activities and does not involve other criminal acts. The provisions of the criminal law of our country on the crime of dangerous driving clearly point out that driving a motor vehicle in a road environment will be punished by criminal detention under any of the following circumstances, and at the same time, the criminal law also needs to bear the corresponding liability for fines: (1) those who pursue sports and behave badly; （2） Driving motor vehicles after excessive drunkenness; （3） Those who are engaged in school bus business or passenger transportation and seriously exceed the rated number of passengers or the specified speed per hour; （4） Those who transport dangerous chemicals in violation of the regulations on safety management of dangerous chemicals and pose a threat to public safety. Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China [Crime of Dangerous Driving] Driving a motor vehicle on the road shall be subject to criminal detention and a fine in any of the following circumstances:; （2） Driving a motor vehicle drunk; （3） Engaging in school bus business or passenger transportation, which seriously exceeds the rated passenger capacity or the specified speed per hour; （4） Transporting hazardous chemicals in violation of the regulations on safety management of hazardous chemicals, endangering public safety. If the owner or manager of a motor vehicle is directly responsible for the acts specified in the third or fourth paragraph of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

2024-06-20 09:23:00

What is the completion standard of the crime of illegally absorbing public deposits

Tongchuan Recent reply:

Analysis: The standards for the completed sentencing of the crime of illegally absorbing public deposits are as follows: generally, the sentence is not more than three years of imprisonment or criminal detention; If the amount is huge or there are other serious crimes, the court will sentence him to fixed-term imprisonment of more than three years but less than 10 years, and pay a corresponding fine at the same time; For those who have a particularly large amount of money or other particularly serious criminal circumstances, they will face more than 10 years of imprisonment and corresponding fines. The crime of illegally absorbing public deposits refers to an illegal act that violates the national financial management regulations, absorbs funds from the public without permission or absorbs public deposits in other forms, thereby disrupting the order of the financial market. Legal basis: Article 176 of the Criminal Law on the crime of illegally taking in public deposits: Whoever illegally takes in public deposits or takes in public deposits in a disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if 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 not less than 50000 yuan but not more than 500000 yuan. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

2024-06-20 09:15:00

What are the conditions for determining the crime of opening a casino to embezzle illegal gambling funds

Lvtu Qianjiang District Recent reply:

Analysis: Here, we will analyze the identification criteria of the crime of "opening a casino" in detail: first, from a subjective perspective, the perpetrator of this crime must have a clear intentional criminal mentality, and take profit as the ultimate pursuit. This means that when actors set up casinos, organize large-scale gambling or continue to participate in gambling activities, their purpose is not only to seek leisure and entertainment, but more importantly, to obtain economic benefits through gambling activities. Secondly, from an objective perspective, the crime of opening casinos is mainly manifested in three aspects: first, organizing large-scale gambling; Second, take gambling as a profession; Third, open or operate casinos. This includes providing gambling venues, formulating gambling rules, providing gambling tools and chips, accepting gamblers' bets, and so on. In addition, setting up a gambling website on the computer network, or acting as the agent of a gambling website, accepting gamblers' bets, or gambling by telephone, but participants do not need to gather in the same place, which can also be regarded as the act of opening a casino. Finally, from the perspective of the object, the object violated by the crime of opening a casino is the normal social management order. The existence and operation of casinos may cause serious damage to social order, causing gambling addiction, family breakdown and social instability. As for the subject, the perpetrators of the crime of opening casinos can be any natural person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility. However, it is worth noting that the seriousness of the crime has a direct impact on the sentencing of the crime of opening a casino. For example, if the casino is large, the amount of illegal income is huge, or there are other serious circumstances, then the perpetrator may face more severe legal sanctions. Legal basis: Article 303 of the Criminal Law [Gambling Crime] Whoever gathers people to gamble or engages in gambling for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined. Whoever organizes citizens of the People's Republic of China to participate in gambling outside the country (frontier), if the amount involved is huge or if there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.

2024-06-20 09:08:00

Does the court accept the prosecution of illegal detention

Law graph generalization Recent reply:

Analysis: Any act involving illegal detention that constitutes an offence should be filed if it meets the relevant filing threshold. The specific case filing criteria for the crime of illegal detention include but are not limited to the following six points: first, the time of illegal detention must be at least 24 hours; Secondly, in the past, there have been more than three illegal detentions, or up to three or more illegal detentions that can meet the conditions for the establishment of charges at one time; Moreover, illegal detention involves binding, beating and insulting the victim; In addition, illegal detention leads to serious consequences such as physical disability, death and mental disorder of the victim; Finally, in order to achieve the purpose of illegally detaining and detaining others, there are any of the situations mentioned in the first to fourth items above; As well as, judicial staff still carry out illegal detention when they know their innocence. Legal basis: Article 238 of the Criminal Law of the People's Republic of China [Crime of illegal detention] Whoever unlawfully detains another person or unlawfully deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those with circumstances of beating or insulting shall be given a heavier punishment. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause injury, disability or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever unlawfully detains or detains another person for the purpose of claiming debts shall be punished in accordance with the provisions of the preceding two paragraphs. Any functionary of a State organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

2024-06-20 09:03:00

How to Judge the Crime of Kidnapping and Collecting Illegal Debts

Lutu Wangde Church District Recent reply:

Analysis: The judgment standard of kidnapping crime can be roughly divided into the following three levels: first, if the perpetrator has committed a serious kidnapping crime, he should be sentenced to more than 10 years of fixed-term imprisonment or even life imprisonment, and at the same time, he should be fined or confiscated of personal property; Secondly, if the perpetrator is suspected of a relatively minor act in the process of committing the kidnapping crime, he shall be sentenced to a fixed-term imprisonment of five to ten years, and a fine shall also be imposed depending on the circumstances; Finally, if the perpetrator kills or intentionally injures the kidnapped person in the process of kidnapping, and leads to the serious consequences of serious injury or even death of the victim, then the most severe punishment must be imposed on him, that is, life imprisonment or death penalty, as well as the additional penalty of confiscation of all personal property. Legal basis: Article 239 of the Criminal Law of the People's Republic of China who kidnaps another person for the purpose of extorting money or property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined. Whoever commits the crime mentioned in the preceding paragraph, kills or intentionally injures a kidnapped person, thus causing serious injury or death, shall be sentenced to life imprisonment or death and also to confiscation of property. Whoever steals an infant or child for the purpose of extorting money or property shall be punished in accordance with the provisions of the preceding two paragraphs.

2024-06-20 08:51:00

What are the standards of non duty bribery crime

Lvtu Xiqing District Recent reply:

Analysis: The determination of the crime of accepting bribes by non-state personnel should meet the following four conditions: first, the perpetrators of the crime must be employees of companies, enterprises or other units; Secondly, the defendant must be intentional when committing a crime; Thirdly, the criminal suspect must have the behavior of directly or indirectly taking advantage of his or her position to ask for or illegally accept the property of others; Finally, the crime infringes the normal order of unit management and the fair competition order of the market. According to the amount of money involved, the crime of bribery committed by non State functionaries can be sentenced to criminal detention ranging from more than five years of fixed-term imprisonment. Legal basis: Article 163 of the Criminal Law, any employee of a company, enterprise or other unit who, taking advantage of his position, extorts money or property from others or illegally accepts money or property from others, in order to seek benefits for others, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or if 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; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined. Any employee of a company, enterprise or other unit who, taking advantage of his position in economic exchanges and violating State regulations, accepts rebates and service charges of various descriptions and takes them into his own possession shall be punished in accordance with the provisions of the preceding paragraph. If a person engaged in public service in a State owned company, enterprise or other State owned unit or a person assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit not owned by the State to engage in public service commits any of the acts mentioned in the preceding two paragraphs, he shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

2024-06-20 08:47:00

Is Duty Embezzlement a Crime of Non state Secrets

Lvtu Chifeng Recent reply:

Analysis: The crime of duty embezzlement does not belong to the crime of state secrets. The so-called duty embezzlement crime refers to the criminal act that the employees of companies, enterprises and institutions and other organizations occupy the property of their units by illegal means during the exercise of their powers, and the amount of such possession reaches a larger standard. From the perspective of criminal law theory, the crime of duty embezzlement should be classified into the category of property infringement crime, rather than being treated as the same as the crime of state secrets. In terms of the crime of state secrets, it usually involves the leakage, illegal acquisition and even trafficking of state secrets. Legal basis: Article 271 of the Criminal Law of the People's Republic of China, any employee of a company, enterprise or other unit who, taking advantage of his position, illegally takes possession of the property of his own unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; If the amount is huge, 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; If the amount 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.

2024-06-20 08:45:00

Will relatives be suspended if they cover up their crimes

Lvtu Beichen District Recent reply:

Analysis: In the trial process involving concealing crimes, if the case meets the legal conditions for probation, it may be sentenced to probation. Specifically, the applicable conditions of probation include the following points: first, it is necessary to consider whether the circumstances of the criminal act are minor; Secondly, criminals must show sincere repentance; Thirdly, judge whether the risk of re committing a crime is low; Finally, it is necessary to comprehensively assess whether the negative impact of the announcement of probation on the community is significant. Legal basis: Article 72 of the Criminal Law [Applicable conditions for suspension of sentence] For criminals sentenced to criminal detention and fixed-term imprisonment of less than three years, if they meet the following conditions at the same time, suspension of sentence can be declared. For those under the age of 18, pregnant women and those who have reached the age of 75, suspension of sentence should be declared: (1) The circumstances of the crime are relatively minor; （2） Show repentance; （3） There is no danger of committing another crime; （4） Proclamation of probation has no significant adverse impact on the community where they live. When a suspension of sentence is declared, it may, according to the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas and places and contacting specific people during the probation period for suspension of sentence. If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment must still be executed.

2024-06-20 08:45:00

How to Determine the Criteria for Filing the Crime of Illegal Duty Embezzlement

Lvtu Aksu Recent reply:

Analysis: The filing standards for crimes committed against employees of companies, enterprises or other units are usually for those employees who are suspected of illegal appropriation of public funds that are in the custody and use of their posts for private use. The specific amount of illegal embezzlement of public funds is taken as the main reference. In practice, the standard to judge whether the amount of embezzlement is "large" usually means that the amount involved reaches 50000 yuan or more. Once the amount involved reaches this standard, the judicial organ may start the filing procedure for in-depth investigation. Legal basis: Article 271 of the Criminal Law of the People's Republic of China stipulates that any employee of a company, enterprise or other unit who, taking advantage of his position, illegally takes possession of the property of his own unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property