1. If a person of a company, enterprise or other unit takes advantage of his position and illegally takes the property of his unit for himself, and the amount is relatively large, the people's court shall sentence the criminal suspect to fixed-term imprisonment of not more than five years or criminal detention;
2. If the amount of job occupation is huge, the criminal suspect will be sentenced to fixed-term imprisonment of more than five years by the people's court, and his property may also be confiscated.
Conviction and sentencing of the crime of duty embezzlement: if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. The crime of duty embezzlement refers to the behavior that the personnel of a company, enterprise or other unit illegally occupy the property of the unit by taking advantage of their position, and the amount is relatively large. The crime of duty embezzlement is generally sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally occupy the property of their own units, with the amount ranging from 5,000 yuan to 10,000 yuan, shall file a case for prosecution.
The identification methods of the crime of duty embezzlement are as follows:
1. The subject of the crime of duty embezzlement is a special subject. Including the personnel of companies, enterprises or other units.
2. The object of crime is the property ownership of companies, enterprises or other units.
3. Objectively, it is manifested as taking advantage of the position to occupy the property of the unit, with a large amount.
4. Subjectively, it is direct and intentional, with the purpose of illegally occupying the property of a company, enterprise or other unit.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 271 of the Criminal Law of People's Republic of China (PRC)
Any employee 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.