The maximum sentencing standard for violating this crime is more than five years' imprisonment (that is, up to fifteen years' imprisonment). No matter how bad the subject of the crime is, the consequences will be more serious. Even if hundreds of millions of funds are occupied or even enterprises are closed down, they can only be sentenced to 15 years in prison according to law.
199565438+On February 25th, the Supreme People's Court stipulated in the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Accepting Bribery, Embezzlement and Embezzlement of Public Funds in violation of the Company Law that "the amount of property of a company or enterprise is more than 5,000 yuan but less than 20,000 yuan"; Those who encroach on the property of companies and enterprises of more than 100,000 yuan belong to a' huge amount'. " At the same time, it is pointed out: "The Higher People's Court may, according to the local actual situation and the conviction range of the crime of accepting bribes, embezzlement and misappropriation as stipulated in this interpretation, determine the specific amount standard to be implemented in this area and report it to the Supreme People's Court for the record."
The conviction amount of the crime of duty embezzlement in Beijing is: the larger amount is 1 10,000 yuan, and the huge amount is110,000 yuan.
★ Your boyfriend embezzled 90,000 yuan, which is relatively large, and should be sentenced to fixed-term imprisonment of not more than five years. Those who actively refund the stolen money and have a good attitude of pleading guilty may be given a lighter punishment as appropriate. However, 90,000 yuan is very close to the huge starting point (that is, 6,543,800 yuan+10,000 yuan), and it is unlikely to be sentenced to probation.
2. When a criminal suspect or defendant is in custody, no one can visit him except the defense lawyer. After the final judgment is pronounced, family members can visit.
Three, bail pending trial, refers to the criminal proceedings, by the criminal suspect, defendant or other relevant personnel prescribed by law to apply, with the consent of the people's court, people's procuratorate and public security organs, ordered the criminal suspect and defendant to put forward a guarantor or pay a deposit, to ensure that the criminal suspect and defendant do not evade or hinder the investigation, prosecution and trial of a compulsory method.
So, your boyfriend, his family and lawyers can apply. It is recommended that an application be made by a lawyer. On the one hand, lawyers are professionals with experience in handling cases. On the one hand, it is more convenient for lawyers to handle affairs.
Conditions for obtaining bail pending trial:
According to Article 5 1 of the Criminal Procedure Law, bail pending trial is generally applicable to criminal suspects and defendants who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment, or who may be sentenced to more than fixed-term imprisonment, but bail pending trial is not socially dangerous.
Guarantor and deposit:
According to the needs of the case, the judicial organ shall determine the guarantor or deposit. During the guarantee period, if there is no illegal behavior, the deposit will be refunded. For the guarantor, it is generally required that the guarantor has a legitimate occupation, a stable legal source of income and a fixed residence. In the form of deposit, the deposit shall not be less than 1000 yuan, and the specific amount shall be decided by the judicial organ.
Responsibilities and obligations of guarantor and criminal suspect after bail pending trial:
Article 55 of the Criminal Procedure Law:
The guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 56 of this Law; (2) If it is discovered that the warrantee may or has violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 56 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live; (2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
★ The management of detention centers in Beijing is relatively standardized, allowing lawyers to ask questions when meeting with defendants. If they receive bullying, they can report it to the detention center management department.
The lawyer's fee can be negotiated, ranging from 3000- 10000 yuan.