1. The crime of embezzlement is a criminal case of private prosecution, which should be put on file by the people's court.
2. After reviewing the report materials of corruption crimes, the people's court considers that there are criminal facts that need to be investigated for criminal responsibility, and shall file a case. 、
The criteria for filing a general crime of embezzlement are as follows:
1. The criteria for filing the crime of embezzlement: First, subjectively for the purpose of illegal possession; Objectively, illegally taking property, forgetting things or buried objects handed over to him by others for himself, and the amount is more than 5,000 yuan;
2. Meet the subjective+objective+amount standard, and reach the filing standard of embezzlement crime;
3. Embezzlement is a crime of private prosecution. The victim or his legal representative or close relatives directly file a lawsuit with the judicial organ to investigate the criminal responsibility of the defendant, and the criminal case is directly accepted by the judicial organ.
The object of general embezzlement crime is as follows:
1, other people's property is kept for them;
2. Forgotten things, forgetting other people's things, are not equal to lost things, and are different from abandoned things;
3. Other people's funerary objects.
To sum up, if it constitutes a crime of embezzlement, the public security organs generally refuse to file a case, because the crime of embezzlement can only be dealt with if it is absolutely informed. If the victim thinks that the behavior of the perpetrator constitutes a crime of embezzlement, he can directly file a private prosecution in the court.
Legal basis:
Article 271 of the Criminal Law of People's Republic of China (PRC)
Crime of embezzlement: Staff members of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined.
Crime of Corruption Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel engaged in public service in non-state-owned companies, enterprises or other units appointed by state-owned companies, enterprises or other state-owned units who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.