Criteria for filing a case for the crime of embezzlement of other people s property

The criteria for filing a case for the crime of embezzlement are, first, that the amount is relatively large, and that there are other serious circumstances.

According to Article 270 of the Criminal Law of the People's Republic of China, the crime of embezzlement refers to the illegal appropriation of another person's property in custody, and the amount is relatively large, and the person refuses to return it, shall be sentenced to fixed-term imprisonment of not more than two years, 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 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 embezzlement is dealt with only when it is told.

the crime of embezzlement, where the amount is relatively large and is more than 10,000 yuan; The amount is huge and more than 100,000 yuan.

The criteria for filing a case for this crime are, first, that the amount is relatively large, and (1) that there are other serious circumstances; Where the amount of embezzlement is between 20,000 and 200,000 yuan, it is the starting point standard of "relatively large amount". The amount of embezzlement is more than 200,000 yuan, which belongs to the starting point standard of "huge amount".

The crime of embezzlement refers to the act of illegally taking possession of another person's property, a forgotten object, or a buried property that is in custody for the purpose of illegal possession, and refusing to return it to the owner of the property, where the amount is relatively large.

1. What are the legal possession of this crime?

1. Custody on behalf of others, including being entrusted by others to collect and manage their property on behalf of others, such as depositing or entrusting temporary care, and including custody of others' property without being entrusted by others; It includes not only the property entrusted by him in accordance with the relevant regulations, but also the possession of David in custody according to some contract such as loan, lease, entrustment, consignment, transportation, etc.;

2. Pick up other people's forgotten things;

3. The excavation of other people's burials, but such excavation cannot be illegal.

Legal basis. Article 270 of the Criminal Law of the People's Republic of China stipulates that the crime of embezzlement refers to the act of illegally taking possession of another person's property, forgotten or buried property that is in custody for the purpose of illegal possession, and refusing to return it to the owner of the property, forgotten or buried property, and the amount is relatively large.

1. What are the sentencing standards for the crime of illegally embezzling others' property.

1. The sentencing standards for the crime of illegally embezzling other people's property are as follows:

1) Whoever commits the crime of illegally embezzling the property of others shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine;

2) 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.

2. Legal basis: Article 270 of the Criminal Law of the People's Republic of China.

Crime of embezzlement] Illegally taking possession of other people's property in custody for oneself, 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 someone else's forgotten or buried property is illegally taken into possession, and the amount is relatively large, and Duan Chen refuses 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.

2. What are the constitutive elements of the crime of embezzlement?

The constitutive elements of the crime of embezzlement are as follows:

1. The object of infringement is the ownership of other people's property;

2. Objectively, it is manifested as the act of illegally taking possession of other people's property, forgotten or buried property that is handed over to oneself for safekeeping, and the amount is relatively large, and refusing to return it;

3. The subject of the crime is a general subject;

4. The subjective aspect is manifested as direct intent and has the purpose of illegally taking possession of other people's property.