1. What is the latest sentencing standard for the crime of duty embezzlement?
The first paragraph of Article 271 of the Criminal Law is amended as: "Any employee of a company, enterprise or other unit who takes advantage of his position and 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; 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; 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. "
The crime of duty embezzlement is also a kind of amount crime. Therefore, when identifying specific acts, we should start with the amount of crimes. Generally, those who reach the standard of a large amount can be investigated for criminal responsibility, and the amount here is more than 60 thousand yuan. If there is only illegal possession of the property of companies, enterprises and other units, but it does not reach the standard of large amount, it cannot constitute this crime.
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Second, what is the difference between fraud and embezzlement?
Both of these crimes are aimed at illegal possession and infringe on property ownership. The main differences between them are:
1, the subject elements are different, and the subject of this crime is a special subject, which must be the personnel of the company, enterprise or other units; The subject of fraud is the general subject.
2. The targets of crimes are different. The object of this crime is the property of the company that the actor has actually mastered, while the object of fraud is the property of others that he has not actually controlled.
3. Criminal behavior is different. This crime is to take advantage of his position to occupy the property of the unit; The crime of fraud is to defraud others of their property by using fictional facts or concealing the truth.
After the unit discovers the employee's criminal behavior, it will be helpful to file a case successfully if the employee can conduct an internal conversation review without preparation and let him write a letter of guarantee and repentance. If employees take the initiative to admit the embezzlement in these written evidences, then things will be clear at a glance and it will not be too difficult to file a case. If you can't let the suspect take the initiative to write and sign. It may also be helpful to record something during the conversation. Of course, this has to be analyzed according to different cases.