1. Anyone who fails to return a larger amount for more than three months, or who engages in profit-making activities or illegal activities if the amount does not exceed three months but is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention;
2. Whoever misappropriates the funds of the unit in a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
3. If the amount is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.
The crime of misappropriation of public funds refers to the crime of misappropriation of public funds by state workers who take advantage of their positions to engage in illegal activities for personal use, or misappropriate public funds for profit-making activities with a large amount, or misappropriate public funds with a large amount for three consecutive months. the above behavior.
What are the penalties for non-state staff who embezzle public funds privately?
1. First, make a document in accordance with company regulations and impose penalties, such as dismissal or compensation for losses to the unit.
2. If the unit does not have such regulations, and the amount is huge and the circumstances are egregious, the employee can be sued by the court for "illegal possession" or "misappropriation of funds." Please refer to:
Article 271 of the "Criminal Law of the People's Republic of China",
Personnel of a company, enterprise or other unit who take advantage of their position to transfer their unit's personnel to Anyone who illegally takes property as his own 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.
Article 272
Staff of a company, enterprise or other unit, taking advantage of their position, misappropriate the funds of the unit for personal use or lend to others, the amount is relatively large, exceeding If the amount is not repaid for three months, or if the amount is not more than three months, but the amount is relatively large, and the person engages in profit-making activities or illegal activities, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount of the unit's funds is misappropriated in a huge amount, or the amount is not large enough. Those who return the property shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Criminal Law of the People's Republic of China
Article 272
Crime of misappropriation of funds: work of a company, enterprise or other unit Personnel who take advantage of their positions to misappropriate the unit's funds for personal use or lend to others, the amount is relatively large and have not been repaid for more than three months, or the amount has not been repaid for more than three months, or the amount has not been repaid for more than three months, but the amount is relatively large, and they engage in profit-making activities or conduct Anyone who engages in illegal activities shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever misappropriates a huge amount of the unit's funds shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.
The crime of embezzlement of public funds. If a person engaged in public service in a state-owned company, enterprise or other state-owned unit or a person assigned by a state-owned company, enterprise or other state-owned unit to a non-state-owned company, enterprise or other unit to engage in public service commits the acts mentioned in the preceding paragraph, he or she shall be punished in accordance with Article 380 of this Law. Article 4 provides for conviction and punishment.
Whoever commits the act in Paragraph 1 and returns the misappropriated funds before filing a public prosecution may be given a lighter or reduced punishment. Among them, if the crime is minor, the punishment may be reduced or exempted.
If the public funds that are earning interest or need to be paid are misappropriated for personal use, and the amount is relatively large, but the principal has been returned in full before the incident, the person may be given a lighter punishment or be exempted from punishment. Interest losses caused to the state and the collective shall be recovered. If the amount of public funds embezzled is huge, for more than three months, and all has been returned before the incident, the person may be given a lighter punishment as appropriate.
If the amount of public funds misappropriated is relatively large and it is an individual's profit-making activity, it constitutes the crime of misappropriation of public funds and is not subject to restrictions on the time of misappropriation and whether to return it. Those who repay part or all of the principal and interest before the crime occurs may be given a lighter punishment; if the circumstances are minor, they may be exempted from punishment. Misappropriation of public funds deposited in banks is used to raise funds, purchase stocks, government bonds, etc. It is misappropriation of public funds for profit-making activities. Interest, income and other illegal gains obtained shall be recovered, but the amount of public funds misappropriated by a person shall not be counted.
Misappropriating public funds for personal use and conducting illegal activities such as gambling and smuggling constitutes the crime of misappropriation of public funds and is not subject to restrictions on the larger amount and time of misappropriation.