Now suspected of duty embezzlement, the amount less than 60,000 yuan does not constitute the filing standard and does not constitute a crime. According to the latest judicial interpretation, the sentencing standard for the crime of duty embezzlement is more than 60,000 yuan (a large amount) and1100,000 yuan (a huge amount).
1, not filing a case does not mean innocence, but it is enough to file a case for occupation. Perhaps other legal provisions can be applied.
2. The unit property refers to all the property possessed by the unit according to law, including all property rights, intangible property rights and creditor's rights owned by the unit in its own name or not. Its specific forms can be buildings, equipment, inventory goods, cash, patents, trademarks and so on. The so-called illegal possession refers to the use of embezzlement, theft, fraud and other means to turn the property of the unit into private property, including treating the property legally held by the unit as its own property and disposing of it, and using expropriation to turn it into ownership, such as taking the property of the unit, such as houses and equipment, and selling it at a fixed price; Register the transfer of the unit house where you live as your own; Or hide the things you keep, and lie that they are stolen, lost, damaged, etc. , and including the use of his position, not to possess the property of the unit first, but to defraud, steal, embezzle and divide it up, thus turning it into a private ownership.
3. It must reach a large number. If you just illegally occupy the property of companies, enterprises and other units, but it does not meet the standard of a large amount, it cannot constitute this crime. As for the relatively large starting amount, referring to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Violation of Corporate Bribery, Corruption and Embezzlement of Public Funds, it means that the property of companies, enterprises and other units is occupied from 5,000 yuan to 6,543,800 yuan. Because of the uneven development of economic level, the standards for large sums in different provinces are different, generally higher than the original 5,000 yuan, such as 10000 yuan in Henan and1-20,000 yuan in southern cities.
4. According to the first paragraph of Article 271 of the Criminal Law of People's Republic of China (PRC), employees of companies, enterprises or other units who take advantage of their positions illegally possess the property of their own units, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, if the amount is huge, they shall be sentenced to fixed-term imprisonment of not less than five years and may also be confiscated. As can be seen from the law, the amount of the crime of duty embezzlement is not clearly defined. According to the explanation issued by the Supreme People's Court, the selection range of "5,000-20,000 yuan" is stipulated for the larger amount, with 654.38+10,000 yuan as the starting point for the huge amount, and the specific amount varies from region to region. The amount in developed areas is around 654.38 million, usually 2-3 years' imprisonment.
5. The court specified the specific sentencing amount of the crime of duty embezzlement in detail. According to the provisions of China's Criminal Code and the Opinions on Handling Some Criminal Cases in Shanghai (Trial) issued by Shanghai Higher People's Court, Shanghai People's Procuratorate, Shanghai Public Security Bureau and Shanghai Judicial Bureau (hereinafter referred to as the standard), the starting point of sentencing for this crime is the amount of duty embezzlement 1.5 million yuan but less than 65438 yuan, and the amount of duty embezzlement is more than 65438+ million yuan, which belongs to the "amount"
6, the duty occupation crime basic punishment table
(1) This is based on the criminal law and related judicial interpretations, combined with the related cases and trial practice pronounced in the past two years, with criminal law.
The range of statutory punishment stipulated in Articles 27 1 and 272 is the standard limit. We divide the range of statutory punishment into a punishment grade system from light to heavy, and establish the corresponding basic punishment table with the basic plot grade system of crime.
(2) The range of statutory punishment is stepped, and the amount and grade series of duty embezzlement crime is the penalty grade series.