Subjectivity of law:
Article 271 of China's Criminal Law clearly stipulates that for the purpose of illegal possession, it is the crime of embezzlement to take possession of the property, forgetting things and buried objects kept on behalf of others and refuse to return them. How to sue the crime of embezzlement? Paragraph 3 of Article 271 of the Criminal Law stipulates that the crime of embezzlement should be dealt with only after being told. That is to say, the national judicial organs adopt the principle of ignoring the crime of embezzlement, and only when the victim tells them can the judicial organs begin to investigate the criminal proceedings of the perpetrators of the crime of embezzlement. Therefore, we should pay attention to the following aspects in telling the crime of embezzlement: (1) To whom should the victim tell the crime of embezzlement? According to Article 84 of the Criminal Procedure Law, the victim has the right to report or complain to the public security organ, the people's procuratorate or the people's court about the criminal facts or criminal suspects that infringe on his personal and property rights. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. Those that do not belong to their own jurisdiction shall be transferred to the competent authorities for handling. What the victim tells to any judicial organ in the public security organ, the people's procuratorate or the people's court shall be deemed to have been told. (II) Litigation Forms of the Crime of Embezzlement According to the provisions of Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China (No.23, 1998), embezzlement cases belong to private prosecution cases directly accepted by the people's courts, and do not belong to the category of public prosecution cases. Therefore, embezzlement cases can only be directly accepted by the people's courts and tried according to the trial procedures of private prosecution cases. Embezzlement is a private prosecution case that is handled only after being told. Only when the victim goes to court to prosecute himself can the proceedings be initiated and the criminal responsibility of the embezzler be investigated. However, self-prosecution means that the victim needs to be familiar with the whole criminal procedure and master solid legal professional knowledge. This is very difficult for victims whose rights have been violated in their lives, so there is no way for victims to defend their rights. In fact, if your property is also occupied by others, you can consult a professional criminal defense lawyer about how to sue, or entrust a lawyer to handle it directly, so you don't have to do it yourself. Behavioral characteristics of the crime of illegal embezzlement First, Article 271 of the Criminal Law has clearly stipulated that "this crime will be dealt with only if it is told." That is to say, this crime (embezzlement) is a case of private prosecution. If the victim does not bring a lawsuit to the people's court, the perpetrator will not be investigated for criminal responsibility. According to this provision, if the perpetrator has returned the property he possessed to the victim before the victim brought a lawsuit to the court, the state of harm will disappear, the rights of the victim have been protected and compensated, and it is unnecessary to bring a lawsuit again. Second, Article 172nd of the Criminal Procedure Law of China stipulates that the people's court may conduct mediation when trying cases of private prosecution. If the private prosecutor and the defendant reach a mediation agreement through mediation in the course of litigation, and the defendant returns the property in his possession to the private prosecutor, the litigation procedure can be ended and the defendant will not be investigated for criminal responsibility. Third, Article 172nd of the Criminal Procedure Law of China stipulates that a private prosecutor may make a settlement with the defendant or withdraw his private prosecution before the judgment is pronounced. As long as the defendant and the private prosecutor reach a settlement agreement before the judgment is pronounced and return the property they possess to the private prosecutor, the private prosecutor can withdraw the prosecution and not pursue the criminal responsibility of the defendant. Thus losing the basis for investigating the criminal responsibility of the defendant. Legal objectivity:
Article 114 of the Criminal Procedure Law
For a case of private prosecution, the victim has the right to bring a suit directly to the people's court. If the victim is dead or incapacitated, the victim's legal representative and close relatives have the right to bring a suit in a people's court. The people's court shall accept the case according to law.
Article 271 of the Criminal Law
Whoever illegally takes other people's property for his own use and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine;
if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
whoever illegally takes forgetting things or buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph.
this crime can only be dealt with if it is told.