What exactly is the crime of embezzlement and what is the crime of embezzlement?

1.First of all, the contract signed by your company is not invalid due to the change of office within the company. This is a provision of the Companies Act. It is very important that you make sure that this contract is not authorized by your company's legal person.

2.Whether your subcontract is valid, that is, whether there are any terms in the subcontract you signed that need to be agreed to by the original licensor, if so, your subcontract is valid, otherwise it is invalid.

3.The subject of the crime of embezzlement is specific, and the dispute arising from your friend's contractual relationship is an economic or civil dispute. It should be regulated by civil law and not by criminal law.

4.It is advisable to find a lawyer as soon as possible, explain the situation, and gather evidence in your friend's favor.

Paragraph 1 of Article 271 of the current Criminal Law stipulates that "a person 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 unit, and the amount is relatively large" constitutes the crime of embezzlement in public office;

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 their own unit and the amount is relatively large.

In the objective aspect, this crime is manifested as taking advantage of the convenience of the defense of one's position to embezzle the property of the unit, and the amount is relatively large, specifically speaking, it includes the following three aspects:

1. Must take advantage of the convenience of their position;

2. There must be an act of encroachment;

Third, the amount must be relatively large. If there is only an act of illegal appropriation of the property of a company, enterprise or other unit, but there is no standard of disturbing the larger amount, it does not constitute this crime.

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 unit's property, and the amount is relatively large, shall 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 non-state-owned companies, enterprises, or other units engage in official business from Dongzao, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

1. With regard to the principal and accessory offenders, generally speaking, the case of embezzlement in public office is jointly committed by multiple people, and this involves the distinction between the principal and accessory offenders, and generally speaking, the principal and accessory offenders are mainly involved in the formation of the intention of the accomplices, the organization and implementation of the criminal organization, and the distribution of criminal proceeds. Therefore, for those who play a minor role in the crime and are in a subordinate and auxiliary position in the crime, it is necessary to defend themselves from the side of the principal and accessory. However, for the sake of the convenience of litigation and suspicion, the public prosecution often does not distinguish between the principal and accessory offenders, and if the defense lawyer does not grasp this point to defend, it is easy to cause some criminal suspects to be abnormally heavy.

2. Accounting for criminal proceeds. If the embezzlement is the embezzlement of the goods, the amount of the crime is not disputed. However, if it is an encroachment on the goods, raw materials, semi-finished products, wastes, etc. produced by the unit, this involves the accounting of the above-mentioned items, and in judicial practice, some are according to the appraisal, some are according to the normal sales, some are according to the median market price, and some are according to the sale.

3. Remove dirt and pay fines. This is a discretionary sentencing circumstance, and its effect is far less than that of statutory circumstances.

4. Unit understanding. The effect is the same as that of Article 3.

5. Defend private economic disputes. The crime of embezzlement in public office should be aimed at illegal possession, but in practice, there are often cases where shareholders directly embezzle the company's property for the sake of dividends, and employees take possession of property in order to demand wages. Even if the methods adopted to protect rights are improper, it should not be easily identified as a crime.

6. Handling of irregular fees. In the cases we handled, it was often found that some criminal suspects had paid part of the public relations expenses in advance, and the company acquiesced to the public relations expenses, and then they took other invoices to the company for reimbursement, and then the company denied the existence of public relations expenses and requested the public security organs to file a case for investigation. For this type of case, the key is to restore the facts, prove the objective existence of public relations expenses and other irregular expenses, so as to shake the evidence base, and generally speaking, in the case of reasonable doubt, the judicial authorities can still respect the actual situation.

7. Some cases of embezzlement in public office will be transferred for prosecution for the crime of theft due to different understandings of the judicial organs, and the key point here is whether the convenience of the position is used, and whether the authority to manage and handle property is used in essence. In some cases, the judicial authorities found that the crime was a pure labor act and found that it constituted theft. For this kind of case, we believe that the defense should be based on the content and authority of the criminal suspect's work, but in fact, there is no certain boundary between the labor act and the act of authority itself, and there is still a certain space for defense in this kind of case.

Legal analysis: Personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of their unit's property, and the amount is between 5,000 and 10,000 yuan, shall be prosecuted.

Legal basis: "Criminal Law of the People's Republic of China" Article 2 is empty as lead 171 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 property of their own unit and the amount is relatively large. 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 official business in non-state-owned companies, enterprises or other units have 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.

1. 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.

2. In the objective aspect, this crime is manifested as taking advantage of one's position to embezzle the property of the unit, and the amount is relatively large, specifically speaking, it includes the following three aspects:

3. First, they must take advantage of their positions;

4. Second, there must be an act of encroachment;

5. Third, the amount must be relatively large. If there is only an act of illegally embezzling the property of a company, enterprise or other unit, but it does not meet the standard of a relatively large amount, it does not constitute this crime.

6. [Legal basis].

7. Article 271 of the Criminal Law, 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 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 a concurrent sentence of confiscation of property may be given.

8. Where persons 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, commit 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.

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 as their own and the amount is relatively large.

This crime is objectively manifested as taking advantage of one's position to embezzle the property of the unit, and the amount is relatively large, specifically speaking, it includes the following three aspects:

1. Must take advantage of the convenience of their position;

2. There must be an act of encroachment;

Third, the amount must be relatively large. If there is only an act of illegally embezzling the property of a company, enterprise or other unit, but it does not meet the standard of a more damaging amount, it cannot constitute this crime.

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 unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount is large or large, 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.