Is it a crime of duty embezzlement to steal the company's property and sell it? He is the workshop dispatcher of the company, arranging production! !

This is not a profession. In this case, it should constitute theft. Occupation refers to the illegal possession of directly managed property, such as the custodian refusing to take the property for himself or the cashier refusing to take the property for himself.

Legal analysis

Taking advantage of one's position to steal the company's property and sell it is not the crime of duty embezzlement, but the crime of theft. Theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property. If the crime of theft is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different circumstances: if the amount reaches a large starting point, if it is stolen three times within two years, if it is burglary, if it is stolen with a weapon, or if it is pickpocketed, it can be determined within the range of fixed-term imprisonment and criminal detention of less than one year. If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years. If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of 10 years or more and 12 years or less. Except for those who should be sentenced to life imprisonment according to law. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount, frequency and means of theft and other criminal facts that affect the composition of the crime. For multiple thefts, if the amount is greater than, the starting point of sentencing is determined by the amount of theft, and the number of thefts can be used as the benchmark for adjusting the punishment. If the amount of sentencing circumstances is not large, the starting point of sentencing shall be determined by the number of thefts, and if the number of thefts exceeds three times, it shall be regarded as an aggravating fact.

legal ground

Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, 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 or 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 or confiscated.