1, the crime of embezzlement is illegal possession of other people's property by non-violent means; Theft is the illegal acquisition of other people's property by secret means.
2. The crime of embezzlement can be secret, public or semi-public; Theft can only be a secret means.
3. The crime of embezzlement can only be the property of others that the perpetrator has already held before committing the crime; Theft can only be the property of others that the perpetrator did not hold before committing the crime.
legal ground
Paragraph 1 of Article 270th of the Criminal Law of People's Republic of China (PRC).
Those who illegally possess other people's property, fail to keep it properly, and refuse to return it, 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.
Article 264
Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, 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 or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.