Does the staff of state-owned enterprises constitute job occupation?
State-owned enterprises are one of the targets of occupation, so employees of state-owned enterprises may take advantage of their positions to occupy the property of enterprises, which may constitute the crime of occupation.
Relevant laws and regulations
Criminal law of the people's Republic of China
Article 271 Any employee of a company, enterprise or other unit who takes advantage of his position to illegally take the property of his unit for himself, 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.
Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 382 Any state functionary who embezzles, steals, cheats or illegally occupies public property by other means by taking advantage of his position is 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.
What are the defense skills of the crime of duty embezzlement?
Experts believe that at least the following basic legal provisions and judicial interpretations of this crime should be mastered. On this basis, the team of criminal defense lawyers can conduct targeted analysis and demonstration according to the specific facts of the suspects involved, and put forward specific defense plans. Defending by powerful defense lawyers or defense lawyers will protect the legitimate rights and interests of criminal suspects to the greatest extent.
Criminal defense is a hard work, which often involves difficult investigation and evidence collection. Then, according to the results of investigation and evidence collection, put forward materials and opinions to prove the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants, and safeguard their legitimate rights and interests.
To protect the legitimate rights and interests of criminal suspects to the maximum extent, it is necessary not only to master the legal provisions of this kind of crime in China and the judicial interpretation of the Supreme Court, but also to know the provisions of criminal law on crime and non-crime, this crime and that crime; We also need careful thinking ability, grasp the actual case of the criminal suspect, and then combine the actual case with the provisions of national laws, trying to find out the essential difference between the criminal suspect's behavior and the provisions of the criminal law, so as to avoid the judicial organs from convicting the criminal suspect accordingly.
If the criminal suspect has indeed constituted a crime, there is no doubt that the lawyer's duty is to try to find the legal basis and factual reasons for the criminal suspect to reduce his punishment. In a word, the task of criminal defense lawyers is to provide effective defense for criminal suspects as much as possible according to the laws and regulations of China.
The above knowledge is my answer to relevant legal questions. State-owned enterprises are one of the targets of occupation and infringement, so employees of state-owned enterprises may take advantage of their positions to occupy the property of enterprises, which may constitute the crime of occupation.