The punishment for partners to misappropriate partnership funds is to bring a lawsuit to the court to demand the return of misappropriated funds or compensate the corresponding losses. Misappropriation of partners' funds is a bad behavior, which is generally recognized as a civil dispute and handled according to it. Misappropriation of partnership property can first require return and compensation for losses, and serious cases can also be investigated for criminal responsibility.
A contract is an agreement between civil subjects to establish, change and terminate a civil legal relationship. Contract is an objective requirement to adapt to the private ownership of commodity economy and a legal form of commodity exchange. After commodity production, people have gradually formed many habits and rituals about exchange in the long-term exchange practice for the sake of safety and credibility. These habits and rituals of commodity exchange have gradually become the general rules for adjusting commodity exchange. With the establishment of private ownership and the emergence of the state, in order to maintain private ownership and normal economic order, the ruling class stipulated the habits and rules conducive to its commodity exchange in legal form, and ensured its implementation with the coercive power of the state. So the commodity exchange contract law came into being. In ancient Rome, people paid attention to contracts. Signing a contract must go through the prescribed channels before it has legal effect. If any details of the terms and actions of the contract ceremony are omitted, the whole contract will be invalid.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 272 of the Criminal Law of People's Republic of China (PRC)
Employees of companies, enterprises or other units who, by taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not been more than three months, the amount is relatively large, involving profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years. 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 Article 384 of this Law. Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted.
Article 273
Misappropriation of funds and materials used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, if the circumstances are serious, causing great damage to the interests of the state and the people, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 274
Whoever extorts a large amount of public or private property or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, 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 or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
"Provisions of the People's Procuratorate on the Standards for Directly Accepting Investigation Cases (Trial)" Article 384th
The crime of misappropriating public funds refers to the behavior of state staff who take advantage of their positions to misappropriate public funds for personal use and engage in illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate public funds for more than three months. Staff of state-owned financial institutions and personnel assigned by state-owned financial institutions to non-state-owned financial institutions who misappropriate the funds of their own units or clients by taking advantage of their positions shall be investigated for criminal responsibility for the crime of misappropriation of public funds. Personnel engaged in official business in state-owned companies, enterprises or local state-owned units, as well as personnel appointed by state-owned companies, enterprises or other state-owned units to engage in official business in non-state-owned companies, enterprises and other units, take advantage of their positions and misappropriate the funds of their own units for personal use or lend them to others. If the amount is not paid back for more than three months, or if it is not more than three months, but the amount is large, engaged in profit-making activities or illegal activities, criminal responsibility shall be investigated for the crime of misappropriation of public funds.
Suspected of one of the following circumstances, it shall be placed on file:
1, misappropriating public funds for personal use, and the amount is more than 5,000 yuan to 1 0,000 yuan, which is illegal;
2, misappropriation of public funds in the amount of 6.5438+0 million yuan to more than 30 thousand yuan, owned by individuals for profit-making activities;
3, misappropriation of public funds for personal use, the amount of 6.5438+0 million yuan to more than 30 thousand yuan, more than 3 months did not return;
The provincial people's procuratorate may, according to the local actual situation, determine the specific amount standard implemented in the local area within the above-mentioned amount range and report it to the Supreme People's Procuratorate for the record.