What is embezzlement??? What does it mean to embezzlement

The crime of embezzlement in 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 for themselves, and the amount is relatively large.

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.

Sometimes I will make fun of this: You are encroaching on your position! It means that you have overstepped your authority and taken care of what you shouldn't have.

Legal Analysis: The crime of embezzlement 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 property of the unit for themselves, and the amount is relatively large. The legal interests infringed upon by the crime of embezzlement in public office are the property ownership of companies, enterprises or other units, and are only aimed at public property, not private property.

In the subjective aspect, it has the purpose of illegally taking possession of the property of a company, enterprise or other unit, and this intention is direct intention.

Legal basis: Article 183 of the Criminal Law of the People's Republic of China Where a staff member of an insurance company takes advantage of his position to deliberately fabricate an insurance accident that has not occurred to make a false claim, and fraudulently obtains that the insurance money belongs to him, he shall be convicted and punished in accordance with the provisions of Article 271 of this Law. Where the staff of a state-owned insurance company or a personnel appointed by a state-owned insurance company to engage in official business in a non-state-owned insurance company commits the conduct described in the preceding paragraph, they shall be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

What is embezzlement???

According to the analysis report of the China Fortune Qiaoguo Entrepreneur Crime Prevention Research Center, among the crimes committed by private entrepreneurs with the highest frequency, the crime of embezzlement ranked second.

The main manifestation of the crime of embezzlement in public office is that the perpetrator takes advantage of his position in the unit to supervise and manage the assets of the unit, and illegally takes possession of the unit's property by means such as stealing or fraudulently obtaining it. The company's executives, finance, and sales personnel are particularly vulnerable to this crime.

Here are a few examples.

1. Zhang Moumou is an executive of a company, responsible for the operation and promotion of the company, Zhang Moumou told the advertising company, you report the promotion fee to the highest, and after paying the money to you, you will return the higher part to me. Finally, it constitutes the crime of embezzlement.

2. Fu is the company's regional manager, responsible for the sales of the company's products, and Fu uses the convenience of being familiar with upstream and downstream companies to inflate the intermediate transaction links, and intercept the profits of the products and take them for himself.

In addition, there are also some acts of misrepresenting expenses for reimbursement, all of which constitute the crime of embezzlement. Because of the fact that cases involving corporate economic crimes are often very complex, and many companies or industries even have "unspoken rules", it is also difficult to investigate and deal with them.

Legal Analysis: In terms of simple files, the crime of embezzlement refers to the behavior of a company, factory, enterprise or other unit of a company that illegally takes possession of the unit's property (including money or goods) by taking advantage of his position, and the amount is relatively large.

Legal basis: Criminal Law of the People's Republic of China Article 271 Personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the property of their own unit and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, shall be sentenced to fixed-term imprisonment of not less than five years, and may also be sentenced to confiscation of property.

Legal Analysis: To put it simply, the crime of embezzlement refers to the behavior of personnel of a company, factory, enterprise or other unit who take advantage of their position to illegally take possession of the property of their own unit (including money or goods) and the amount is relatively large.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China Personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the property of their own unit and the amount of money involved in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, they shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.

Legal Analysis: Embezzlement is a crime of infringing on property. The crime of assaulting property refers to the act of deliberately and illegally appropriating public property and citizens' private property for oneself, or deliberately destroying public or private property.

Twelve specific crimes against property are set forth in the relevant national laws. Crimes against property for the purpose of unlawful possession. Including robbery, theft, fraud, robbery, gathering a crowd to loot, embezzlement, embezzlement, and extortion.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China The crime of embezzlement in public office refers to the crime of embezzlement in public office where 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 own unit, and where the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention. where the amount involved is huge, the sentence is to be not less than five years imprisonment, and the property may be confiscated concurrently.