In a case of embezzlement, can the suspect s confession of surrender be convicted?

1. For the crime of embezzlement in public office, if the criminal suspect's oral surrender is confirmed by evidence from the public security organs and procuratorial organs, then the crime of embezzlement in public office is established;

2. If the consignee company and the consignee cannot be found at present, and the credibility of the surrenderer cannot be confirmed now, that is to say, the case will not be punished for the time being, then once the public security organ finds the consignee company and the consignee, then a new prosecution will be required;

3. In short, evidence is an important basis for conviction.

The first paragraph of Article 271 of the Criminal Law of the People's Republic of China stipulates that if a person of a company, enterprise or other unit takes advantage of his position to illegally take possession of the property of his or her unit as already owned, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.

It can be seen from the law that there are no clear provisions on the amount of the crime of embezzlement in public office. With reference to the interpretation promulgated by the Supreme People's Court, it is stipulated in a relatively large amount"5,000-20,000 yuan"In terms of the huge amount, 100,000 yuan is taken as the starting point of the huge amount, and the specific amount will vary from region to region. In developed areas, the larger amount is about 100,000 yuan, and the sentence is generally 2 to 3 years in prison.

Basic Criminal Table, for the crime of embezzlement in public office.

Statutory Punishment Range Echelon Amount of Embezzlement Crime Amount Series Criminal Punishment Level Series.

10,000 fixed-term imprisonment of not more than 6 months and criminal detention.

2 2-40,000 6 months to 2 years in prison.

3 4-60,000 2-3 years in prison.

4 6-80,000 3-4 years in prison.

5 8-100,000 4-5 years in prison.

6 10-500,000 5-7 years in prison.

7 50-1 million 7-9 years in prison.

8,100-5,000,000 9-11 years in prison.

9,500-10,000,000 11-13 years in prison.

10 10 million or more 13-15 years in prison.

According to the relevant laws and regulations, only the confession of a criminal suspect cannot be convicted.

The relevant law provides for the Criminal Procedure Law of the People's Republic of China

Article 53: In all cases, sentencing should emphasize evidence, investigation and research, and not lightly believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

1) The facts of conviction and sentencing are all supported by evidence;

2) The evidence on which the verdict is based has been verified to be true through legally-prescribed procedures;

3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.

Criminal proceedings emphasize evidence over confessions, and if the evidence cannot be conclusively conclusive, a conviction cannot be made solely on the basis of confessions.

The crime of embezzlement in public office can be voluntarily surrendered. Crimes abusing public office refers to the conduct of 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, and where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

[Legal basis].Article 271 of the Criminal Law of the People's Republic of China.

Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of that unit's property, and the amount is relatively large, are to be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

The crime of embezzlement in public office shall be reported to the police, and the crime of embezzlement in public office is not within the scope of private prosecution cases, but is a public prosecution case. Where the perpetrator constitutes the crime of embezzlement in public office, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and a concurrent fine; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is huge, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine.

[Legal basis].Article 271, paragraph 1 of the Criminal Law of the People's Republic of China.

Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he is to be sentenced to up to three years imprisonment or short-term detention, and is also to be punished for making money by seeping into the sky; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.

The crime of embezzlement in public office can be voluntarily surrendered. Crimes abusing public office refers to the conduct of 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, and where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Article 271 of the Criminal Law of the People's Republic of China: Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, are to be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

Legal analysis: First, it is necessary to surrender voluntarily; Second, they must truthfully confess their crimes.

Legal basis: Criminal Law of the People's Republic of China

Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.

Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

Article 68: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying it to be true, or providing important leads, thus enabling the investigation of other cases, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.

It is possible to turn yourself in. Whoever commits the crime of embezzlement in public office and the amount involved is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention. If there are circumstances of voluntary surrender, the punishment may be mitigated or commuted.

Whether or not a suspended sentence will be given depends on the court's decision based on the actual circumstances such as whether or not the stolen goods have been returned, whether the offender is a recidivist, and whether he has pleaded guilty and shown remorse. Article 271 of the Criminal Law of the People's Republic of China [Crime of Embezzlement in Public Office] A staff member of a company, enterprise or other unit who takes advantage of his position to illegally take possession of the property of his or her own shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.