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.
1. The starting point and benchmark punishment of fixed-term imprisonment and criminal detention with a statutory penalty of less than five years.
If he takes advantage of his position to illegally occupy the property of his unit and the amount of crime reaches the threshold of "relatively large amount", the starting point of sentencing can be determined within the range of criminal detention of less than three months to fixed-term imprisonment of less than six months. On the basis of the starting point of sentencing, for every 2,000 yuan increase in the amount of crime, one month's fixed-term imprisonment can be increased to determine the benchmark punishment.
2. The sentencing starting point and benchmark punishment of statutory punishment within the range of fixed-term imprisonment of more than five years.
If he takes advantage of his position and illegally occupies the property of his unit, and the amount of crime reaches the starting point of "huge amount", the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than five years but not more than six years. On the basis of the starting point of sentencing, for every 10,000 yuan increase in the amount of crime, one month's fixed-term imprisonment can be increased, so as to determine the benchmark punishment.
3. Under any of the following circumstances, the liquidated damages may be increased accordingly, but the accumulated liquidated damages shall not exceed 65,438+000% of the benchmark liquidated damages:
(1) If the professional behavior seriously affects the production and operation or causes other serious losses, the benchmark punishment can be increased by less than 50%; If both conditions are met at the same time, the benchmark liquidated damages can be increased within 10%;
(2) If it occupies a place for many times, the benchmark punishment can be increased by less than 30%;
(3) The occupation of disaster relief funds and materials for the prevention and treatment of sudden infectious diseases can be increased by less than 2 0% on the basis of the benchmark punishment;
(4) emergency rescue, emergency rescue, flood control, special care, poverty alleviation, immigration, rescue and other occupations.
Money and donations can be increased within 2 0% of the benchmark punishment;
(5) If the stolen money from the crime of duty embezzlement is used for illegal and criminal activities such as drug abuse and gambling, it can be increased below 2 0% of the benchmark punishment.
4. Due to the urgent need of medical treatment and occupation, it can be reduced by less than 2 0% on the basis of the benchmark punishment.