What is the scope of public funds?

Public funds include state-owned and collectively-owned monetary funds and privately-owned currencies in the process of state management, use, transportation, exchange and storage.

In state-owned enterprises and companies, people with the status of state functionaries misappropriate the property of enterprises and companies, which is an infringement on the ownership of public property.

In Sino-foreign joint ventures, cooperative ventures, joint-stock companies and enterprises, misappropriation of the funds of the above-mentioned companies and enterprises by people with the status of state staff should also be considered as infringement of the ownership of public property.

According to the provisions of Article 384 of this Law, those who misappropriate funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment according to the crime of misappropriating public funds, so these specific public funds and property can become the object of this crime. Misappropriation of public property for personal use should generally be handled by the competent department according to administrative discipline. If the circumstances are serious and criminal responsibility needs to be investigated, the penalty may be discounted according to the crime of misappropriating public funds. Therefore, ordinary public property can also be the object of this crime.

Extended data:

Two characteristics of public funds:

(1) All ownership is public;

(2) Currency or special currency.

The relationship between state ownership and public ownership: State ownership is public ownership in proper subset, and public ownership includes state ownership and collective ownership of working people.

Article 185, paragraph 2, and Article 272, paragraph 2, of the Criminal Law stipulate that state employees who work in non-public units misappropriate the funds of their own units shall be convicted and punished for embezzlement of public funds.

References:

Public Fund-Baidu Encyclopedia