Sentencing standard of duty occupation

The sentencing standard of duty embezzlement crime needs to be analyzed according to the facts of the crime. For example, there is a difference between the sentencing standards of a large amount and a particularly large amount for the crime of duty embezzlement. The maximum sentence for the crime of duty embezzlement is life imprisonment and fine, and the lightest criminal punishment standard is criminal detention and fine. In the case of embezzlement, the criminal suspect needs to return the illegally occupied property to the company.

The sentencing standard for the crime of duty embezzlement is:

1. If the occupied property reaches the standard of "large amount", it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;

2. Those who reach the standard of huge amount shall be sentenced to fixed-term imprisonment of more than five years, and may be sentenced to confiscation of property according to the circumstances of the crime.

First, the criteria for filing the crime of duty embezzlement include:

1. Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally take the property of their own units for themselves, and the amount is between 5,000 yuan and 10,000 yuan, shall file a case for prosecution;

2. The staff took advantage of their position to deliberately fabricate an insurance accident that never happened to make false claims and defraud the insurance money for themselves.

Two, the elements of occupation include:

1. The object of crime is the property ownership of a company, enterprise or other unit;

2. Objectively, it is manifested as taking advantage of his position to occupy the property of his unit;

3. The subject is a special subject, including personnel of companies, enterprises or other units;

4. Subjectively, it is direct and intentional, with the purpose of illegally occupying the property of a company, enterprise or other unit. The actor attempts to obtain the right to possess, benefit and dispose of the property of his unit economically. Whether these rights are obtained or exercised does not affect the constitution of the crime.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 271 Any staff member of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, 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.