Legal analysis
Taking advantage of his position to illegally occupy the company's property has constituted the crime of duty embezzlement. Shareholders of the company have the right to share the dividends in the company's income, but at the same time they must abide by the provisions of the company's articles of association. The object of the crime of duty embezzlement is the property of companies, enterprises or other units, including movable and immovable property. The so-called "movable property" not only refers to currency (including RMB, foreign currency, securities, etc. ) property that has been occupied and managed by companies, enterprises and other units, including property that the unit has the right to occupy but does not possess, such as creditor's rights owned by companies, enterprises or other units. As far as the form of property is concerned, the object of crime includes tangible and intangible things, such as factory buildings, electricity, gas, natural gas, industrial property rights and so on. According to relevant laws, shareholders can invest in the company in cash or in kind, industrial property rights, non-patented technology and land use rights. Each mode of capital contribution shall comply with the corresponding regulations. The act of stealing and selling shareholders' assets within the company also belongs to the crime of duty embezzlement, so when there is the crime of duty embezzlement, the punishment will be determined according to the amount of the plot involved and the specific reasons. Then, after discovering the crime of duty embezzlement, we should collect evidence in time and report the case to the local public security organ in time.
legal ground
Article 271 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, 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 ten 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 fined. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.