The crime of embezzlement belongs to the crime of private prosecution and should be directly prosecuted in the people's court. Materials to be submitted for prosecution (1) Original and photocopy of private prosecution When a private prosecutor files a criminal private prosecution, he shall submit a criminal private prosecution. If he files an incidental civil action together, he shall submit a private prosecution of criminal incidental civil action, of which the original is 1 copy, and the copy is submitted according to the number of defendants. The signature and seal of the "prosecutor" at the end of the copy cannot be copied. (2) The evidence materials and the list of evidence materials on which the prosecution is based, indicating the name of the evidence, the number of copies, whether it is the original, the object of proof, etc. The number of copies of evidence materials is the same as that of the indictment. The evidence materials for prosecution generally include: 1, which proves that the private prosecutor was infringed by the defendant's criminal behavior and there is evidence of the defendant's criminal facts. For example: relevant materials of public security organs. 2. Prove that the criminal act committed by the defendant is serious or has reached the statutory serious consequences. For example, the injury in the case of intentional injury is considered as minor injury. 3. If a private prosecutor brings a lawsuit according to the third paragraph of Article 170 of the Criminal Procedure Law, he shall submit a decision not to pursue it made by the public security organ or the people's procuratorate. 4. Evidence or factual basis that the court has jurisdiction. (3) The qualification certificates of the private prosecutor and the defendant are 1. If the private prosecutor is a natural person, he shall provide a copy of his identity card and other identification materials; Entrust others to submit a complaint, it shall submit a power of attorney and a copy of the client's ID card and other identification materials; If the private prosecutor is represented by a legal representative, he shall submit proof of the relationship between the legal representative and the private prosecutor and a copy of the legal representative's ID card and other identification materials. 2. If the private prosecutor is a legal person or other organization, it shall provide a copy of the business license registered by the industrial and commercial or functional organ or relevant registration materials, the identity certificate of the legal representative (person in charge), the power of attorney and the copy of the client's identity card or other identification materials. 3. If the defendant is a natural person, the private prosecutor shall specify the basic information such as the defendant's name, gender, domicile or habitual residence; If the defendant is a resident of this Municipality and the private prosecutor hires a lawyer to represent the lawsuit, he shall provide the defendant's public security household registration information. 4, the defendant is a unit, the private prosecutor shall provide the defendant's recent basic registration information. (4) Confirmation of service address The private prosecutor shall provide his own accurate service address of litigation documents. (5) Matters needing attention in litigation involving foreign affairs, Hong Kong, Macao and Taiwan 1. If the private prosecutor is a foreigner or a resident of Hong Kong, Macao and Taiwan who personally submits a complaint to the court, he should show his identity certificate (such as passport, Hong Kong, Macao and Taiwan resident pass, etc.). ) and provide a copy. If the private prosecutor entrusts others to submit the complaint, he shall submit the notarized complaint, power of attorney and a copy of the client's ID card and other identification materials. 2. If the parties send the indictment, power of attorney and evidential materials from outside China, or the evidential materials provided to the court are formed outside China, the indictment, power of attorney and evidential materials shall be notarized by the notary office of the host country, authenticated by the embassy or consulate of China in that country, or perform the authentication procedures stipulated in the relevant treaties concluded between China and the host country. 3. If the parties send the indictment, power of attorney and evidence materials from Hong Kong, Macao and Taiwan Province, or the evidence materials provided to the court are formed in Hong Kong, Macao and Taiwan Province, they shall go through the relevant notarization procedures. 4. If the indictment, evidential materials and power of attorney are in foreign languages, Chinese versions shall be submitted at the same time; If it is necessary to serve materials to foreign parties, the official translation of the country where the parties are served shall also be provided.
Legal objectivity:
Article 270 of the Criminal Law: Whoever illegally occupies other people's property for safekeeping and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.