Requirement: Legal knowledge questions!

The case of Yu Zhendong of Guangdong Kaiping Bank was sentenced to death for the crime of misappropriation of public funds. According to the provisions of the crime of misappropriation of public funds, misappropriation of public funds of more than 100,000 yuan can be sentenced to death. However, Yu Zhendong’s case has its own special characteristics. Yu once fled to the United States. Later, according to the Sino-US judicial agreement, the United States extradited him to China. However, the United States asked China to promise not to sentence him to death and sentenced him to 12 years in prison. This is because it is international practice not to extradite death row prisoners. While the death penalty is more than sufficient for his crimes, in order to punish him, China must make a commitment. Otherwise, Yu Zhendong is still living a comfortable life in the United States. Therefore, China faced a dilemma: first, not to extradite him, which meant that he would be at large; second, to extradite him, which meant that he had to accept the conditions of the United States. In the end, China chose the latter and sentenced him to a fixed-term prison sentence. Sometimes justice comes at a price.

The Guangdong Xu Ting ATM withdrawal case was sentenced according to the crime of theft, and was characterized as the crime of stealing from a financial institution, with a maximum penalty of death. According to the provisions of the crime of theft, if the amount of theft is particularly huge, the person shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment. If the court finds that he has stolen from a financial institution, the sentence of life imprisonment shall be consistent with the provisions of the criminal law based on the amount of theft. However, this has caused widespread concern among legal experts and the public. Many people believed that his sentence was too harsh, which aroused heated discussions from all walks of life. After Xu Ting appealed, the case was sent back for retrial and has now entered the trial stage. Xu Ting's lawyer is defending his innocence, but the verdict has not yet been issued.

So, different crimes have their own particularities, and sometimes it is difficult to make analogies. Not only that, there are many sentencing circumstances in the criminal law, such as surrender, meritorious service, etc. The specific sentencing depends on the basic facts of the case.

I hope the above analysis will be helpful to everyone.

Appendix:

Criminal Law

Article 264 Whoever steals public or private property, if the amount is relatively large or if the amount is stolen multiple times, shall be sentenced to fixed-term imprisonment of not more than three years. , criminal detention or surveillance, and shall also be sentenced to a fine or solely; 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 particularly huge or there are other particularly 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 particularly huge or there are other particularly 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years Imprisonment or life imprisonment, and a fine or confiscation of property; anyone who falls under any of the following circumstances shall be sentenced to life imprisonment or death, and shall also have his property confiscated:

(1) Stealing from a financial institution, the amount is particularly huge;

(2) Stealing precious cultural relics in serious circumstances.

Article 383 Anyone who commits the crime of corruption shall be punished in accordance with the following provisions depending on the seriousness of the case:

(1) If the amount of corruption committed by an individual exceeds 100,000 yuan, he shall be fined 10 A person may be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and may also be subject to confiscation of property; if the circumstances are particularly serious, he shall be sentenced to death, and may be concurrently sentenced to confiscation of property.

(2) Anyone who embezzles more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 5 years or life imprisonment, and shall also have his property confiscated; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and shall also be sentenced to Confiscation of property.

(3) Anyone who embezzles more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than 10 years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan, regrets the crime, and actively returns the stolen goods, the criminal penalty may be reduced or exempted, and administrative sanctions shall be imposed by the unit to which he/she belongs or the superior authority.

(4) If the amount of personal corruption is less than 5,000 yuan, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are minor, he shall be given administrative sanctions at the discretion of his unit or the superior authority. .

If multiple embezzlements are not dealt with, the cumulative punishment will be based on the amount of corruption.