Crime of misappropriating public funds

Law Chart Jining Lawyer Recent reply:

Resolution: The term of imprisonment for the crime of misappropriation of funds is usually determined according to the seriousness of the circumstances of the crime. In general, if the perpetrator has committed a large amount of misappropriation of funds and has not returned them, he will be sentenced to fixed-term imprisonment of less than three years or criminal detention; If the perpetrator involved in the misappropriation of funds is extremely large, or there are other serious circumstances, he will face a punishment of more than three years or less than ten years of fixed-term imprisonment. Of course, if the perpetrator uses the misappropriated funds for illegal activities, or the amount involved reaches a particularly large standard, they may face more severe criminal sanctions. Legal basis: Article 272, Paragraph 1, of the Criminal Law of the People's Republic of China, where a staff member of a company, enterprise or other unit, taking advantage of his position, misappropriates the funds of his own unit for his own use or lends them to others, and the amount is relatively large, but it has not been repaid for more than three months, or although it has not been more than three months, the amount is relatively large, and he conducts profit-making activities, or conducts illegal activities, Sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates a huge amount of the funds of his own unit, or does not return them if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years

Lawyer Zhou Kou Recent reply:

Resolution: First of all, in the case of "misappropriated funds have not been returned for more than three months", the reference to "three months" should be calculated from the day when the actual performance of the misappropriation ended. Once the property is out of the control of the company, all rights of the company to the fund, including possession, use and benefit, have been damaged or infringed. Secondly, on the issue of "misappropriated funds that have not been returned for more than three months", we believe that the deadline should be the date when the funds were actually returned. Legal basis: Article 384 of the Criminal Law Any State functionary who, taking advantage of his position, misappropriates public funds for his personal use and carries out illegal activities, or misappropriates a relatively large amount of public funds for profit-making activities, or misappropriates a relatively large amount of public funds and fails to repay it after three months, shall be guilty of misappropriating public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and does not return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and goods used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, migration and relief for his own use shall be given a heavier punishment.

Law Chart Lawyer in Urumqi Recent reply:

Resolution: The crime of misappropriating funds is a serious criminal act, and the enterprise legal person itself does not need to bear criminal responsibility directly. However, if an employee who holds a management position or is engaged in related work within an enterprise legal person, by taking advantage of his position, privately misappropriates his own funds for other purposes, and the amount is relatively large, which has not been returned for more than three months; Or, although less than three months, a relatively large amount is used for profit-making activities; Or in the case of illegal activities, these actors may be convicted of the crime of misappropriating funds. Although the enterprise legal person itself does not need to bear criminal responsibility directly, it must bear the corresponding responsibility for the omission of its own internal management and the defect of its internal control mechanism. The enterprise legal person should be committed to building a sound internal management system to prevent the misappropriation of funds. At the same time, once such acts are found, effective measures should be taken immediately to avoid further expansion of losses. Legal basis: Article 272 of the Criminal Law of the People's Republic of China, where a staff member of a company, enterprise or other unit, taking advantage of his position, misappropriates the funds of his own unit for his own use or lends them to others in a relatively large amount, which has not been repaid for more than three months, or, although not more than three months, which is relatively large in amount, carries out profit-making activities, or carries out illegal activities, Sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates a huge amount of funds of his unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years. If a person who is engaged in public service in a State owned company, enterprise or other State owned unit or a person who is assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit that is not owned by the State to engage in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating a public prosecution may be given a lighter or mitigated punishment. Where the crime is relatively minor, the punishment may be mitigated or exempted Article 384 of the Criminal Law of the People's Republic of China, a State functionary who, taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a relatively large amount of public funds for profit-making activities, or misappropriates a relatively large amount of public funds and fails to repay them after more than three months, is guilty of misappropriating public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and does not return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and goods used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, migration and relief for personal use shall be given a heavier punishment

Law Tu Heihe Lawyer Recent reply:

Resolution: The criteria for filing and examining the criminal act of misappropriation of funds are: if the party concerned has used the internal funds of the company or institution without authorization, the amount of the funds has reached 10000 to 30000 yuan, and this part of the funds has not been returned within a specific three consecutive months; Or use the internal funds of the company or institution without authorization between 5000 yuan and 20000 yuan, and involve various illegal activities in this process, then such acts will be deemed to be suspected of constituting the crime of misappropriation of funds. Legal basis: Article 84 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Criteria for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) Personnel of companies, enterprises or other units who, taking advantage of their positions, illegally take possession of their own property, and the amount is between 5000 yuan and 10000 yuan or more, shall be prosecuted. Article 85 Any employee of a company, enterprise or other unit who, taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others and is suspected of one of the following circumstances shall be prosecuted: （1） Misappropriating the funds of the unit in the amount of 10000 yuan to 30000 yuan or more, and failing to repay them for more than three months; （2） Misappropriating the funds of the unit in the amount of 10000 yuan to 30000 yuan or more for profit-making activities; （3） Misappropriating the funds of the unit between 5000 yuan and 20000 yuan for illegal activities.