According to the requirements of the law, if a staff member takes advantage of his position to illegally occupy the property of a company, enterprise or other unit, and the amount reaches more than 60,000 yuan, then it can be considered that it constitutes the crime of occupational embezzlement. In other words, the current filing standard for the crime of duty embezzlement is 60,000 yuan, while the huge standard is 6,543,800 yuan.
Original and photocopy of invoice, receipt, financial account book, receipt (use), bank loan voucher, goods inventory, delivery voucher, etc. Original and photocopy of the signature (forged signature) or seal used by the criminal suspect. Proof of the criminal suspect's position and responsibility related to the crime can be used as evidence.
The objective elements of the crime of duty embezzlement specifically include the following three aspects:
1, you must use your position.
The so-called use of position convenience refers to the use of authority and position convenience. Authority refers to a person's power within the post and position, as well as the convenience related to the post. That is to say, although I don't directly use the authority of a position or position, I use the convenience formed by the authority or position or the convenience formed by others. Including: (1) taking charge of, handling, deciding or handling certain matters by using one's own power; (two) rely on or rely on their own power to command, influence subordinates or use the functions and powers related to the duties of other personnel; (three) relying on authority, controlling position, influencing others, or using the authority of people with their own needs, such as the power of unit leaders to distribute and dispose of unit property; Use the cashier's right to handle and manage funds; In general, employees use their own property, such as houses, for their own use and custody. As for not using the convenience of position, only using the convenience of work, such as being familiar with the environment, easy to integrate into the scene, easy to get close to the goal and so on. Even if property is obtained, it does not constitute this crime. If the case constitutes a crime, it shall be dealt with on other charges such as theft.
2. There must be misappropriation.
The property of a unit refers to all property legally owned by the unit, 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 various means, such as corruption, theft and fraud. Turning the property of the unit into private ownership includes the act of treating, disposing, using and collecting the property legally held by the unit as its own property, that is, becoming all, such as taking away the property such as houses and equipment of the unit without authorization. Own it and sell it at a price; Register the ownership of the unit house where you live as your own; Or keep an artifact and falsely claim that it has been stolen, lost or damaged. It also includes the act of cheating, stealing, embezzling and dividing up by taking advantage of one's position without occupying the property of the unit first. Whether you hold it first and then take it for yourself or you don't hold it first and then take it for yourself, you can use misappropriation, theft, deception and other means. , as long as the essence is for the purpose of illegal possession, and this illegal possession is carried out by taking advantage of his position and reaches the standard of large amount, it can constitute this crime. It is worth noting that once the actor's illegal possession of unit property begins, it will continue, but this is only a continuation of the result of illegal possession, not a continuation of the possession of this crime. The completion of the occupation should be regarded as completion. As for the attempt, it depends on whether the crime of embezzlement is completed. If it's not finished, consider it an attempt. If the accountant deliberately fails to record a certain amount of money, but finds it before settlement, it shall be regarded as an attempt of this crime.
3, be sure to reach a large amount. 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.
As for the starting point of a large amount, according to Article 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery jointly issued by the Supreme People's Court and the Supreme People's Procuratorate in April 16, the starting points of "a large amount" and "a huge amount" in the crime of accepting bribes by non-state staff as stipulated in Article 163 of the Criminal Law and the crime of embezzlement as stipulated in Article 271 of the Criminal Law, Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
To sum up: according to the above provisions, the total amount is more than 60,000 yuan 1 10,000 yuan, which is a large amount; More than one million yuan is a huge sum. According to the above answers, it can be concluded that, generally speaking, the company's false running behavior will definitely affect the severity of the job occupation case, because it may be directly related to the suspect and may even aggravate the punishment.
Legal basis:
Criminal law of the people's Republic of China
Article 27 1
Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally take the property of their own units for themselves, 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, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.