The difference between theft and duty embezzlement
The behavior of "illegal possession of the property of one's own unit" in job occupation mainly includes embezzlement, theft and fraud. Theft and illegal possession refers to the behavior of the actor who illegally occupies the property of his unit by secretly stealing. In the case of stealing illegal possession, is it theft or duty embezzlement? It depends on whether the actor has taken advantage of his position. Whoever takes advantage of his position shall be convicted and punished for the crime of embezzlement by taking advantage of his position; Otherwise, it will be convicted and punished for theft.
In the case of the Supreme People's Court (20 18)55, the Supreme People's Court confirmed the fact that Meng stole the steel pipe and other items in the power distribution room of the electrical repair workshop of his unit, and thought that Meng secretly stole the property of his unit by taking advantage of the convenience formed in his work, which did not belong to "taking advantage of his position" as stipulated in Article 27 1 of the Criminal Law, so Meng's behavior constituted theft, not his position.
General theft is convicted and punished according to the amount involved, which is more than 50 thousand yuan, which basically belongs to the standard of "huge amount" in theft, and the sentencing according to law is: more than three years but less than ten years. Because different provinces and cities have different sentencing standards for theft, please refer to the standard of crime place again. A fine of not less than 1,000 yuan but not more than 2 times shall be decided by the judge. If it is a first-time offender, he has a good attitude of pleading guilty and actively compensates for the understanding of the victim. The judge will give a lighter punishment as appropriate.
Legal basis:
1. 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 Theft.
Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
2. Article 264 of the Criminal Law: Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglary, armed theft or pickpocketing, 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.