My husband is guilty of embezzlement, but he committed a crime in a gang and has been criminally det

Hello, according to the law and my defense experience, your husband's situation is under criminal detention on suspicion of embezzlement, and the maximum period of criminal detention is thirty-seven days.

During this period, it will be converted into arrest, followed by a long period of detention pending trial by the court until the court issues an effective sentence.

You ask a lot of questions, and you can also see that you don't know enough about criminal law.

If convicted, the return of stolen goods is of course necessary, but the sentencing is determined by the court, not the procuratorate.

Lawyers released on guarantee may assist in the application, but the decision rests with the case-handling organ.

He is currently facing criminal prosecution and sentencing.

The specific outcome also depends on the specific circumstances of the case and the lawyer's defense, and it is recommended that a professional criminal defense lawyer be hired to intervene as soon as possible to provide legal assistance and defense. Hiring a defense lawyer is the only legal way to help your friend. Through hi plus "Beijing Du lawyer", you can contact me for further consultation Good luck.

The whole law is blind, and you can write it wrong in the procuratorate's investigation!

The return of stolen goods is a discretionary sentencing circumstance, depending on the discretion of the judge. The crime of embezzlement in public office of 20,000 yuan or more is a relatively large amount, and the starting sentence is five years, and it cannot be released on bail pending trial. Unless your husband is due or has a serious illness.

ps: I have children, and in the future, I will face my children and say how my father was.

1. Crimes committed by a gang committing the crime of embezzlement in public office will be sentenced according to the full amount involved in the joint crime.

2. Those who have already been criminally detained may consider applying for release on bail pending further investigation.

3. It is recommended that the family members actively make restitution, which is more advantageous in sentencing.

If a person is criminally detained on suspicion of embezzlement, the detention period is generally 14 days before the break, and the longest period will not exceed 37 days. If the public security organ believes that the person concerned has committed a crime, it will submit it to the people's procuratorate for review and approval. If the party concerned constitutes the crime of embezzlement, he or she shall bear certain criminal liability.

According to the relevant provisions of Chinese law, the crime of embezzlement in public office is generally punishable by short-term detention or up to five years imprisonment. If the circumstances are serious, the minimum sentence is five years' imprisonment, and property may be confiscated concurrently.

Criminal detention for suspected crimes of embezzlement in public office shall not exceed 37 days at most, and where the public security organs find it necessary to arrest the detained person, they shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

Article 91 of the Criminal Procedure Law: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. The time period for submitting a request for review and approval may be extended to 30 days for major suspects who have committed crimes on the go, have committed crimes multiple times, or have been found in gangs to commit crimes.

The people's procuratorate shall make a decision to approve the arrest or not to approve the suspension of arrest within 7 days of receiving the written request for approval of arrest from the public property security organ. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

According to the relevant provisions of the Criminal Procedure Law, the basic time limit for handling a criminal case is approximately: criminal detention (generally 7 days to 37 days) + arrest (no more than 2 months) + review for prosecution (no more than 1 month) + court trial (no more than 2 months).

How to criminally punish embezzlement.

Where the amount of public office embezzlement is relatively large, it constitutes the crime of embezzlement in public office. where this crime is committed, and 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, paragraph 1 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.

Article 14. Intentional crime is committed when one clearly knows that one's self-righteous conduct will result in a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

Whether the embezzlement is civil or criminal.

Embezzlement is a criminal case. According to the provisions of the Criminal Law of the People's Republic of China, if a staff member of a company, enterprise or other unit takes advantage of his position to illegally take possession of the property of his or her own unit, and the amount is relatively large, he 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. 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 380 and 383 of this Law.

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