The crime of embezzlement refers to the act of illegally taking property, forgetting things or buried objects handed over by others for the purpose of illegal possession, and refusing to return them in a large amount.
According to the provisions of China's criminal law:
Article 270 Whoever illegally occupies another person's property in a relatively large amount and refuses to return it 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 and 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.
Extended data:
The starting amount of the crime of embezzlement:
The starting point of the crime of embezzlement refers to the lowest value of the object of action required to constitute the crime of embezzlement, and it is the dividing point of the social harm degree of the crime of embezzlement from illegality to crime. According to Article 270 of the Criminal Law, the crime of embezzlement can only be constituted by possessing a large amount of property. If the amount is relatively large, reference shall be made to the initial amount of theft. Some people think that the starting amount can refer to the crime of corruption.
The standard of judicial interpretation is 1000, and the standard of filing a case in some places is 5000.
Since the value of property changes with wear and tear and market fluctuation, how to determine the value of the behavior object? There are two main ways to calculate this value:
First, the replacement value, that is, the amount of money needed to buy the same quality and quantity of real estate in the market;
The second is the depreciation value, that is, the property value calculated at a certain depreciation rate. In principle, the value of the actor should be determined according to the replacement value when the actor refuses to return or surrender.
Baidu encyclopedia-crime of embezzlement
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law