1. What are the criteria for determining the amount of job occupation?
The identification standard for a large amount is 60,000, and the identification standard for a huge amount is 1 10,000.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery
Article 11
The starting point of the amount of "large amount" and "huge amount" in the crime of accepting bribes by non-state staff as stipulated in Article 163 of the Criminal Law and the crime of embezzlement by taking advantage of posts as stipulated in Article 271 shall be two times and five times the corresponding amount standards for the crime of accepting bribes and corruption as stipulated in this interpretation.
2. What is the difference between the crime of duty embezzlement and the crime of embezzlement?
1, the main difference.
The subject of the crime of duty embezzlement is the staff of companies, enterprises or other units, and non-state staff are special subjects; The subject of the crime of embezzlement is the general subject, that is, a natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility.
2. Subjective differences.
Subjectively, the crime of duty embezzlement is manifested as knowing that it is the property of the unit and deciding to take embezzlement, theft, fraud and other means to illegally take it for yourself; The subjective content of the crime of embezzlement is determined as the possession of property, forgetting things or buried objects kept by others and refusal to return them.
3. objective differences.
The crime of duty embezzlement is objectively manifested in the illegal possession of the property of the unit, that is, turning public into private. However, the actor must take advantage of his position and take measures such as embezzlement, theft and fraud, but whether the property has been occupied by him first does not affect the establishment of the crime of occupational embezzlement; The crime of embezzlement must first occupy other people's property properly, in good faith and legally, and then use various means to take it for yourself and refuse to return it. Behavior does not need to take advantage of the position.
4. The objects of infringement are different.
The object of the crime of duty embezzlement is the property of companies, enterprises or other units, including the property of state-owned, collective and individual; The crime of embezzlement only infringes on three special objects of others, namely, other people's property, forgetting things or buried objects kept for themselves. Others only refer to individuals, not units.
3. What is the sentencing basis for the crime of duty embezzlement?
1. A 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;
2. 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;
3. 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.
4. Can employees be dismissed by the company if they constitute the crime of job embezzlement?
Yes, the employer may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(five) the labor contract is invalid due to employee reasons;
(6) Being investigated for criminal responsibility according to law.
5. What are the conditions for reducing the sentence after the sentence of duty embezzlement?
During the period of serving his sentence, if he consciously abides by prison regulations, accepts education and reform, and truly repents or performs meritorious service, his sentence may be reduced; One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
There is a clear legal basis for determining the amount of job occupation. Although the amount of occupation is less than 60 thousand yuan, the parties need to return the illegally occupied property according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: criminal law
Article 271 Any employee of a company, enterprise or other unit who takes advantage of his position to illegally take the property of his unit for himself, if the amount is relatively large, 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.