1. What is the sentencing standard for the crime of misappropriating public funds?
1, sentencing standards for the crime of misappropriation of public funds
2. The subject of the crime of misappropriating public funds is a special subject, that is, national staff. The connotation and extension of national staff mentioned here are basically the same as those mentioned in the crime of corruption. It is also a specific and official (responsibility). State functionaries who constitute the crime of misappropriating public funds include: State functionaries who are engaged in official duties in state organs. Personnel engaged in public services in state-owned companies, enterprises and institutions and people's organizations; Personnel assigned by state-owned units to non-state-owned units to engage in official duties; Other personnel engaged in public affairs according to law.
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Second, how to identify the crime of misappropriation of public funds?
Interpretation of some problems about the specific application of law in the trial of embezzlement cases
Article 2 The crime of misappropriating public funds shall be identified in three situations:
(a) misappropriation of public funds for personal use, the amount is relatively large, and it has not been returned for more than three months, which constitutes the crime of misappropriation of public funds.
Those who misappropriate public funds that are earning interest or need to pay interest for personal use, and the amount is relatively large, but all the principal has been returned before the incident, can be given a lighter punishment or exempted from punishment. The loss of interest caused to the state and the collective should be recovered. If the amount of misappropriation of public funds is huge, more than three months, and all of them have been returned before the incident, a lighter punishment may be given as appropriate.
(2) Misappropriation of public funds, which is a large amount and belongs to individual profit-making activities, constitutes the crime of misappropriation of public funds, and is not limited by the time of misappropriation and whether to return it. If part or all of the principal and interest are returned before the incident, a lighter punishment may be given; If the circumstances are minor, punishment may be exempted.
Misappropriation of public funds deposited in banks to raise funds, buy stocks, government bonds, etc. Belonging to misappropriation of public funds for profit-making activities. The illegal income such as interest and income obtained shall be recovered, but it shall not be included in the amount of misappropriation of public funds.
(three) misappropriation of public funds for personal use, gambling, smuggling and other illegal activities, which constitutes the crime of misappropriation of public funds, is not limited by the "large amount" and the misappropriation period.
Misappropriation of public funds for other people's use without knowing that the user is using public funds for profit-making activities or illegal profit-making activities, and the amount is large and has not been paid back for more than three months, which constitutes the crime of misappropriation of public funds; Knowing that users are used for profit-making activities or illegal activities, they should be identified as misappropriating public funds for profit-making activities or illegal activities.
No state functionary may misappropriate public funds by taking advantage of his position. Misappropriation due to insufficient funds and other reasons requires timely return of misappropriated funds. This is because once the embezzlement time reaches a certain standard, the national staff may be suspected of committing the crime of misappropriation of public funds.
Legal basis:
criminal law
Article 384
Crime of misappropriating public funds If a state functionary takes advantage of his position to misappropriate public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months, it is a crime of corruption and is sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.