First, what should I do if I don't file a case for encroachment below 60,000?
If the amount of post occupation is less than 60,000 yuan, it does not constitute a crime, but the actor shall return the occupied property. If he refuses to return it, he can solve it through civil litigation. If the company has rules and regulations, it can also be handled according to the company's regulations.
The starting point of "huge amount" and "huge amount" in the crime of duty embezzlement should be two times and five times the corresponding amount standards for the crime of accepting bribes and corruption.
Therefore, for the duty crime cases that have been filed for prosecution in the early stage, if the amount does not reach the prosecution standard of 60,000 yuan, lawyers can promptly put forward opinions on withdrawing the case, not prosecuting or making an acquittal.
Second, how to deal with the occupation of 20,000?
The filing standard for the crime of duty embezzlement is 60 thousand. Whoever takes advantage of his position to occupy 20 thousand yuan and does not meet the filing standard of 60 thousand yuan will not be subject to criminal punishment; The crime of duty embezzlement that does not meet the prosecution standard of duty embezzlement shall not be punished by public security administration.
Specifically, the law stipulates that the starting point of the amount of "large amount" and "huge amount" in the crime of duty embezzlement should be 2 times and 5 times the amount standard stipulated in the relevant judicial interpretations of bribery and corruption. According to the judicial interpretation, if the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as a "relatively large amount", and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined. Therefore, the filing standard for the crime of duty embezzlement has been raised to 60,000 yuan.
Third, how to define the crime of duty embezzlement.
The crime of duty embezzlement is a special subject crime, which is mainly composed of employees of companies, enterprises or other units who take advantage of their positions to illegally occupy the property of companies and enterprises. What is the filing process for the relevant authorities to file a case for investigation on the crime of duty embezzlement?
The crime of duty embezzlement refers to the behavior that the personnel of a company, enterprise or other unit illegally take the property of their own unit for themselves by taking advantage of their position, and the amount is relatively large.
Criminal Law 1979 does not stipulate the standard for filing the crime of duty embezzlement. This crime was absorbed into the specific provisions of the Criminal Law from the Decision on Punishing Crimes against the Company Law promulgated and implemented by the National People's Congress Standing Committee (NPCSC) on February 28th, 1995. 1997 article 27 1 of the criminal law stipulates that: personnel of companies, enterprises or other units who take advantage of their positions to illegally accept property of their own units 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 so-called taking advantage of his position means that the actor takes advantage of his position in his own unit. In practice, illegal possession of unit property is generally manifested by illegal means such as embezzlement, theft and fraud. To constitute this crime, it must meet the standard of large amount. According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for prosecuting economic crimes. Employees of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves, with the amount of more than 5,000 yuan and less than 654.38+0,000 yuan, shall be prosecuted. The amount here should be calculated cumulatively.