How to convict the crime of embezzlement of public or private property, and what are the provisions

Legal Analysis: Provisions on the crime of embezzlement of public or private property: Where the perpetrator colludes with personnel of a company, enterprise, or other unit, and takes advantage of the position of the personnel of the company, enterprise, or other unit to illegally take possession of the unit's property, and the amount is relatively large, it is to be punished as an accomplice to the crime of embezzlement in public office.

Sedan plex. Legal basis: Article 270 of the Criminal Law of the People's Republic of China provides that anyone who illegally takes possession of other people's property and property that is kept on his behalf, and the amount is relatively large, and refuses to return it, is sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into possession of themselves, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

Unlawful appropriation of another person's property may constitute the crime of misappropriation. The following conditions are met and found to constitute the crime of embezzlement:

1.The premise for this to occur is the lawful possession of another person's property.

2.The object of this crime is the ownership of the property of others.

3.This crime is objectively manifested in the act of illegally taking possession of other people's property, forgotten items, or buried items that they have entrusted to them for safekeeping, and the amount is relatively large, and refusing to return them.

4.The main body is a general subject.

5.The offence must be subjectively motivated by intent, i.e. unlawful possession of property, forgotten or buried property that is known to belong to another person for his safekeeping.

Legal basis].

Article 270 of the Peihe Belt Criminal Law, where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. The crime of this article shall only be dealt with if it is sued.

Legal Analysis: Embezzlement of private property may constitute the crime of embezzlement, which refers to the act of illegally taking possession of other people's property, forgotten objects or buried objects for the purpose of illegal possession, and the amount is relatively large, and refusing to return them.

Legal basis: Article 270 of the Criminal Law of the People's Republic of China: Whoever illegally takes possession of another person's property in custody as his own, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into possession of themselves, and the amount of money is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.