Whether the crime of official embezzlement is under the jurisdiction of the public security organ or the procuratorate

I Crime of official embezzlement By the public security organ have jurisdiction over Or the procuratorate

The crime of official embezzlement shall be committed by the public security organ Case filing and investigation 。

The subject of the crime of official embezzlement is not the staff of the national security organ, so it is specifically carried out by the public security organ where the crime is committed Filing a case If the place of residence of the suspect is more appropriate, the case can be filed by the public security organ of the place of residence.

（1） The place of crime includes the place where the criminal act takes place and the place where the criminal result takes place:

1. The place where a criminal act is committed includes the place where the criminal act is committed, the place where the criminal act is prepared, the place where the criminal act is started and other places related to the criminal act;

2. The place where the criminal result occurs includes the place where the criminal object is infringed, the place where the criminal proceeds are actually obtained, used, and sold.

(II) criminal offence The location of the report, mainly Jurisdiction There are many provisions on the jurisdiction of criminal offences:

1. General criminal cases are under the jurisdiction of public security organs;

2. And case of private prosecution The case shall be directly filed by the people's court;

3. For staff of state administrative organs Crime of dereliction of duty The procuratorial organ shall be responsible for filing the case.

II Job misappropriation How to identify a crime?

The so-called use of office facilities refers to the use of authority and office related facilities. Authority refers to the power within the scope of one's position and position. The convenience related to the position refers to the convenience formed by taking advantage of one's own authority or position, or taking advantage of the position or position through other personnel, although not directly using the authority of the position or position.

The object of this crime includes not only the property "owned" by the unit, but also the property of others "possessed or held" by the unit, including:

1. Property that has been under the possession and management of the unit and owned by the unit.

2. The creditor's rights that are owned by the company although they have not been possessed or controlled by the company.

3. The property of others temporarily managed, used or transported by the unit according to legal provisions and contractual agreements, such as the goods kept by others in the warehouse. If there is only the act of illegally occupying the property of companies, enterprises and other units, but it does not reach the standard of large amount, it cannot constitute this crime.

Whether it is held first and turned into own or not held first and turned into own by means of misappropriation, theft and fraud, as long as the intention of such illegal possession is made essentially for the purpose of illegal possession, and the position is used to make the declaration of intention of such illegal possession, reaching the standard of a large amount, it can constitute the crime of duty embezzlement.