I. Definition and nature of corruption
The crime of corruption refers to the act of embezzling, stealing, defrauding or otherwise illegally occupying public property by taking advantage of his position. This kind of behavior has seriously damaged the interests of the company, undermined the normal business order of the enterprise, and violated the laws and regulations of the state. Therefore, corruption is illegal and should be punished by law.
Second, the legal consequences of corruption
According to the relevant provisions of China's criminal law, the crime of corruption belongs to the category of corruption, and once verified, it will be severely punished by law. Specifically, the punishment for the crime of corruption depends on the amount of corruption and the seriousness of the circumstances, which may include fixed-term imprisonment, life imprisonment or even death penalty. In addition, corrupt elements may also be recovered from their illegal income and be fined and other property penalties.
Three. Preventing and combating corruption
In order to prevent and combat corruption, the company should strengthen internal management and supervision, establish and improve financial system and audit mechanism, and ensure the safety and integrity of the company's property. At the same time, the state should also intensify the crackdown on corruption, strengthen law enforcement, improve judicial efficiency, and make corrupt people pay their due legal costs.
Fourth, strengthen legal publicity and education.
Strengthening legal publicity and education is also an important way to prevent and reduce corruption. By popularizing legal knowledge, we can improve employees' legal awareness and moral quality and enhance their vigilance and resistance to corruption, thus effectively curbing the occurrence of corruption.
To sum up:
Misappropriation of the company's money is illegal and will be punished by law, including possible imprisonment. In order to prevent and combat corruption, companies should strengthen internal management and supervision, the state should strengthen law enforcement, and at the same time strengthen legal publicity and education to improve the legal awareness and moral quality of employees.
Legal basis:
Criminal law of the people's Republic of China
Article 382 states:
State functionaries who take advantage of their positions to embezzle, steal, cheat or illegally occupy public property by other means are guilty of corruption.
Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption.
Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.
Criminal law of the people's Republic of China
Article three hundred and eighty-three stipulates:
Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Whoever embezzles a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
(2) If the amount of corruption 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 10 years, and shall also be fined or confiscated.
(3) If the amount of corruption is especially huge or there are other particularly 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; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.
If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.
Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, and actively returns stolen goods to avoid or reduce the occurrence of damage. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third provisions, a lighter punishment may be given.
If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.