The procedure of filing the crime of duty embezzlement
1. Acceptance of filing materials. Refers to the public security organs, people's procuratorates and people's courts to accept reports, complaints, reports and surrender materials.
2. Review the filing materials. The examination shall find out whether the events reflected in the materials are criminal acts; If it is a criminal act, whether there is reliable evidence to prove it; Whether it is necessary to investigate the criminal responsibility of the perpetrator according to law; There is a situation where it is impossible to decide not to pursue criminal responsibility.
3. Handle the filing materials. Examining the filing materials and finding that there are criminal facts that need to be investigated for criminal responsibility, the case shall be filed; If there is no criminal fact, or the criminal fact is obviously minor, criminal responsibility may not be investigated.
What are the constitutive requirements of the crime of duty embezzlement?
The four constituent elements of the crime of duty embezzlement are: object element, objective element, subject element and subjective element.
1, object element
The object of this crime is the property ownership of companies, enterprises or other units.
2. Objective factors
This crime is objectively manifested as taking advantage of his position to occupy the property of his unit. Specifically, it includes the following three aspects:
(1) must take advantage of his position.
(2) There must be encroachment.
(3) It must reach a large amount.
3. Main elements
The subject of this crime is a special subject, including the personnel of companies, enterprises or other units.
4. Subjective factors
Subjectively, this crime is direct and intentional, with the purpose of illegally possessing the property of companies, enterprises or other units.
That is, the actor attempts to obtain the right to possess, benefit and dispose of the property of his unit economically. Whether these rights are obtained or exercised does not affect the constitution of the crime.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 87 of the Criminal Law of People's Republic of China (PRC)
After the following time limit, the crime will not be prosecuted:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.