What Is Embezzling?

Corruption is a Chinese vocabulary, pronounced tn w, which refers to the acts of state officials who use the convenience of their positions to embezzle, steal, deceive, or otherwise illegally occupy public property.

[tn w]

Corruption

[corruption; graft] Use of authority to obtain money illegally

(1). Forgetting justice.

[Source]: "

This crime must be subjective, intentional, and have the criminal purpose of illegally occupying public property by taking advantage of office convenience.

This crime is manifested objectively by the perpetrator taking advantage of his office to embezzle, steal, deceive, or otherwise illegally possess public property.

"Encroachment" refers to the illegal use of public property by a national staff member who temporarily manages, controls, uses, or disposes of it for the convenience of his position.

According to the provisions of Article 394 of the Criminal Law, state personnel who accept gifts during domestic business activities or diplomatic exchanges should pay the public but not the public in accordance with national regulations. The larger amount is the illegal possession of the public by other means. The situation of property shall be punished with the crime of corruption.
"Theft" refers to the use of the convenience of a national staff member to secretly steal public property that is temporarily legally managed, controlled, used, or handled by himself, which is commonly referred to as guardianship.

"Cheating" refers to the use of the convenience of the state staff to falsify facts and conceal the truth to illegally occupy public property.
"Other means" refers to the use of the convenience of the staff of the state to use other means than embezzlement, theft, or deception to illegally occupy public property.

Find:

Draw a line between corruption and non-crime: Article 383, paragraph 1, paragraph 4, of the Criminal Law stipulates that the amount of personal corruption is less than 5,000 yuan, and the case is more serious.

To imprisonment or detention of less than 2 years; if the circumstances are relatively minor, the unit or the competent authority at the higher level shall, as appropriate, give administrative sanctions.

Draw a line between corruption and theft, fraud, and embezzlement:

The subjects of crime are different.

The objective aspects of crime are different.

Punishment: According to Article 383 of the Criminal Law, those who commit the crime of corruption shall be punished separately according to the amount of corruption and other circumstances:

If the amount of individual corruption exceeds 100,000 yuan, he shall be sentenced to fixed-term imprisonment of over 10 years or life imprisonment, and his property may be concurrently confiscated; if the circumstances are particularly serious, he shall be sentenced to death and his property shall be confiscated.

If the amount of personal corruption is more than 50,000 yuan but less than 100,000 yuan, he or she shall be sentenced to 5 years in prison and may be confiscated with property; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and his property shall be confiscated.

Individuals with an amount of corruption of more than 5,000 yuan and less than 50,000 yuan shall be sentenced to fixed-term imprisonment of 1 year to 7 years; serious cases shall be sentenced to fixed-term imprisonment of 7 years to 10 years. If the amount of personal corruption is more than 5,000 yuan but less than 10,000 yuan, and there is repentance after the crime, and aggressive repatriation of the stolen goods, the punishment may be reduced or exempted from criminal punishment, and the unit or superior supervisor shall be given administrative sanctions.

If the amount of personal corruption is less than 5,000 yuan and the case is more serious, he or she shall be sentenced to fixed-term imprisonment or detention for less than 2 years; if the case is less serious, administrative sanctions shall be imposed by the unit or superior authority as appropriate.

Criminal law provisions

Article 382

It is a crime of embezzlement if a state official takes advantage of his position to embezzle, steal, defraud or otherwise illegally possess public property. Accept

The Supreme People's Procuratorate's Provisions on the People's Procuratorate's Standards for Directly Accepting Investigation Cases (Trial Implementation) (hereinafter referred to as the "Initiation Criteria") stipulate that cases should be filed if one of the following circumstances is suspected:

1. The amount of personal corruption is more than 5,000 yuan;

2. The amount of personal corruption is less than 5,000 yuan, but it has corruption relief, emergency rescue, flood prevention, epidemic prevention, preferential treatment, poverty alleviation, immigration, relief funds and donations,

The provisions of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law") on corruption crimes stipulate that: Article 382 State officials use the convenience of their posts to embezzle, steal, defraud or otherwise illegally occupy public property. , Convicted and punished for corruption.

Personnel entrusted by state organs, state-owned companies, enterprises, institutions, and people's organizations to manage and manage state-owned property and use the convenience of their positions to embezzle, steal, defraud or otherwise illegally possess state-owned property shall be convicted and punished.

In collusion with the persons listed in the preceding two paragraphs, those who commit corruption together shall be convicted and punished for the crime of corruption.