Identification of embezzlement of public and private property

If the actor colludes with the personnel of a company, enterprise or other unit and takes advantage of the position of the personnel of the company, enterprise or other unit to illegally take the property of the unit for himself, if the amount is relatively large, it shall be punished as the crime of occupation. In companies, enterprises or other units, people who do not have the status of state functionaries collude with state functionaries and take advantage of their respective positions to illegally accept the property of their own units, and shall be convicted according to the criminal nature of the principal offender.

One or three specific crimes against property:

1. Crime of violating property for the purpose of illegal possession. Including robbery, theft, fraud, robbery, mob looting, corruption, duty embezzlement and extortion.

2. Crimes for the purpose of misappropriation include the crime of misappropriation of funds and the crime of misappropriation of specific funds and materials.

3. Crimes aimed at destruction include the crime of intentionally destroying property and the crime of destroying production and operation.

Second, the illegal possession of property:

1 refers to taking property, forgetting things or buried objects that should be kept by others as their own property, pretending to be the owner, and disposing, using and profiting without authorization.

2. Some properties are sold and given to others, and some are rented, consumed, paid off, and mortgaged, but this punishment cannot be included.

Three, the difference between embezzlement and corruption is:

1, the crime of corruption is limited to public property and cannot be real estate. The crime of embezzlement can be not only public property, but also private property, including real estate;

2. The subject of crime is different. The subject of the crime of embezzlement is a general subject, and anyone who takes care of other people's property and encroaches on it can become the subject of this crime. The subject of the crime of corruption is a special subject, that is, state functionaries.

The objective aspects of crime are different. The crime of corruption shows that the actor must take advantage of the convenience of his position, that is, the convenience of handling and managing public property formed by his authority and position within his position. Whether the actor takes advantage of his position in the crime of embezzlement does not affect the establishment of the crime.

Legal basis:

Criminal law of the people's Republic of China

Article 27 1 Paragraph 1

Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally occupy the property of their own units, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.