Official embezzlement generally does not meet the standards for filing a case, how to deal with it
If the amount of job embezzlement does not meet the standards for filing a criminal case, you can request for compensation through arbitration or litigation.
Standards for filing the crime of official embezzlement:
Article 271 of my country’s Criminal Law stipulates that “personnel of a company, enterprise or other unit who take advantage of their position to illegally appropriate the property of their unit for If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than 5 years and may also be subject to confiscation of property.”
At the same time, according to the Supreme People’s Procuratorate and the Public Security Bureau. "Regulations on Prosecution Standards for Economic Crime Cases". Personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the unit's property as their own should be prosecuted if the amount is between 5,000 yuan and more than 10,000 yuan. The amount here should be calculated based on the cumulative amount.
Usually, when the specified amount standard is not reached, the case of job embezzlement is generally not filed, but this does not mean that such a situation cannot be handled. In such cases, companies can request compensation through arbitration or litigation. In other words, although employees cannot be held criminally responsible, civil rights can still be safeguarded for the rights and interests of the company and the enterprise. At the same time, the employee can also be dismissed based on the provisions of the Labor Law and the Labor Contract Law.
Extended information:
The four constituent elements of the crime of job embezzlement are:
(1) Object elements
The object of the crime is the property ownership of a company, enterprise or other unit. The object is the property of a company, enterprise or other unit, including movable and immovable property. The so-called "movable property" not only refers to money (including RMB, foreign currency, securities, etc.) that has been owned and managed by a company, enterprise, or other unit, but also It also includes property that the unit has the right to possess but does not possess, such as claims owned by companies, enterprises or other units.
(2) Objective elements
The objective aspect of this crime is to take advantage of the position to embezzle the property of the unit. Specifically, the behavior of relatively large amounts includes the following three Aspects:
1. You must take advantage of the convenience of your position. The so-called use of the convenience of your position refers to the use of authority and conveniences related to your position.
2. There must be an act of misappropriation. Regardless of whether it is first held and then turned into one's own, or one is not held first and turned into one's own by embezzling, stealing or defrauding, as long as it is essentially for the purpose of illegal possession and taking advantage of one's position to make such illegal possession If the intention is to express that the amount is relatively large, this crime can be constituted.
3. The amount must be relatively large. If there is only illegal misappropriation of property of companies, enterprises and other units, but the amount does not reach the standard of relatively large amount, this crime cannot be constituted.
(3) Subject requirements
The subject of this crime is a special subject, including personnel of a company, enterprise or other unit.
(4) Subjective elements
The subjective aspect of this crime is direct intentionality and the purpose of illegally possessing the property of a company, enterprise or other unit. That is, the perpetrator attempts to obtain the economic right to possess, benefit from, and dispose of the unit's property. Whether these rights have been obtained or exercised does not affect the constitution of the crime.
Baidu Encyclopedia - Criminal Law
What to do if job embezzlement does not meet the standards for filing a case
A decision not to prosecute should be made.
The crime of official embezzlement (Article 270 of the Criminal Law) refers to the behavior of personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the property of the unit for themselves, and the amount is relatively large. Article 84 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" stipulates: Cases of occupational embezzlement (Criminal Law Article 271, Paragraph 1) of companies, enterprises or If personnel from other units take advantage of their positions to illegally take possession of property of their own unit, and the amount is more than 5,000 yuan to 10,000 yuan, a case should be filed for prosecution.
If the amount of official misappropriation does not meet the standards for filing a criminal case, you can seek compensation through arbitration or litigation.
What are the standards for filing a crime of official embezzlement?
1. You must take advantage of the convenience of your position. The so-called taking advantage of the convenience of your position refers to the use of your authority and the convenience provisions related to your position.
Authority refers to the power within the scope of one’s position and position. Facilities related to one’s position refer to the use of one’s authority or status even though one does not directly use one’s position or authority. or through other personnel taking advantage of the conveniences of their position or status.
2. There must be an act of misappropriation. The property of the unit refers to all property owned by the unit in accordance with the law, including all property rights, intangible property rights and creditor's rights owned by the unit in its own name or not owned in its own name but occupied by the unit. Its specific form can be buildings, equipment, inventory, cash, patents, trademarks, etc.
3. The amount must be relatively large. If there is only illegal misappropriation of property of companies, enterprises and other units, but the amount does not reach the standard of relatively large amount, this crime cannot be constituted.
As for the starting point for larger amounts, refer to the provisions of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Laws in Handling Criminal Cases Violating Corporate Bribery, Embezzlement, Misappropriation and Other Criminal Cases", which refers to embezzlement of companies, enterprises and other units Property worth 5,000 yuan to more than 20,000 yuan.
According to Article 271 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of job embezzlement refers to the personnel of a company, enterprise or other unit who take advantage of their position to take advantage of their position. Illegal possession of property for one's own use, involving a relatively large amount.
Extended information
Boundaries between the crime of official embezzlement and the crime of embezzlement
1. The subject of this crime is a staff member of a company, enterprise or other unit, and is not State functionaries are special subjects; while the subjects of the latter are general subjects, that is, natural persons who have reached the age of criminal responsibility and have the ability to bear criminal responsibility.
2. The subjective aspect of this crime is that the person knowingly knows that it is the property of the unit and decides to illegally take it for himself by means of embezzlement, stealing, fraud, etc.; while the subjective content of the subsequent crime is knowing that it is the property of another person for safekeeping Determined to take possession of property, forgotten items or buried items as his own and refuse to return them.
3. The objective aspect of this crime is to take advantage of one’s position to illegally take possession of the unit’s property as one’s own, that is, to turn the public into private. However, the perpetrator must take advantage of his position and adopt means such as embezzlement, theft, and fraud. However, whether the property has been held for him first does not affect the conviction of this crime; the latter must first be held properly, in good faith, and legally. Taking other people's property, using various means to keep it as your own and refusing to return it, the behavior does not require taking advantage of one's position.
4. The object of this crime is the property of a company, enterprise or other unit, including state-owned, collective, and individual property: the latter crime only infringes on the property of others 3 A specific kind of thing, that is, other people's property, forgotten things or buried things that are kept for oneself. Others only refer to individuals, not units.
5. The object violated by this crime is the ownership of public and private property; and the object violated by the subsequent crime is only the ownership of other people's property.
6. This crime is not a case that can only be handled upon complaint, while the latter can only be handled upon complaint.