Whether the crime of embezzlement can be found to be the crime of taking possession of illegally pos

According to Article 270 of the Criminal Law, the crime of embezzlement refers to the act of illegally taking possession of another person's property in custody for oneself, and refusing to return it in a relatively large amount. In judicial practice, we often classify the act of illegally taking possession of others' forgotten items (including lost items) or buried items, and refusing to hand them over for a relatively large amount, as the crime of embezzlement. However, I think it would be inappropriate to say that the defendant's conduct is positioned as embezzlement based on the fact that the victim voluntarily delivered it and the defendant illegally took possession of it (judging from the fact that the stolen money had been squandered by him).

If it is taken out of context, it is understandable to establish the crime of embezzlement only on the basis of the fact that the defendant has acquired the property on the basis of the victim's voluntary delivery and refuses to return it or take possession of it. But the problem is that we can't artificially separate the criminal acts that belong to the whole as a whole. The reason why the victim handed over his property to the defendant (to a certain extent, it can be said to be based on voluntary delivery) was because he was deceived by the defendant in advance.

The key to the crime of misappropriation is to turn lawful possession into illegal possession.

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.

To constitute the crime of embezzlement in public office, the following objective elements must be met: First, it must be the use of one's own position, and the so-called use of one's position refers to the use of one's position and the convenience conditions related to one's position; Second, there must be an act of encroachment; The third is. It must be a large amount.

The subjective aspect of the crime of embezzlement in public office must be directly intentional and have the purpose of illegally taking possession of the property of a company, enterprise or other unit. That is, the perpetrator vainly attempts to economically obtain the right to possess, benefit, or dispose of the property of the unit. Whether or not these rights have been acquired or exercised does not affect the composition of the offence.

It can be seen from this that if the perpetrator subjectively does not have the purpose of illegal possession, it does not constitute the crime of embezzlement in public office.

Illegal possession of property may constitute the crime of embezzlement, and according to the provisions of the Criminal Law of the People's Republic of China, where the property of another person in custody is illegally taken for oneself, and the amount is relatively large, and the person refuses to return it, is to 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 this article is dealt with only when it is told.

1. How is the crime of embezzlement convicted and sentenced in law.

According to the provisions of the Criminal Law, if the amount of illegal embezzlement of another person's property is relatively large, he 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.

The crime of embezzlement refers to the act of illegally taking possession of another person's property for the purpose of illegal possession, or illegally taking possession of another person's forgotten or buried property, and refusing to return the amount of a relatively large amount.

2. How to sentence for embezzling other people's forgotten things.

Misappropriation of forgotten property of another person constitutes the crime of misappropriation. Article 270 of the Criminal Law: Whoever illegally takes possession of another person's property in custody for himself, 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 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. This crime shall be dealt with only if it is told.

Criminal Law of the People's Republic of China

Article 270:Whoever illegally takes possession of another person's property in custody 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 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.

This article of the crime, told before dealing with the trace cover nucleus.

Legal Analysis: Illegal possession of property can constitute the crime of embezzlement.

Basis of Law: Criminal Law of the People's Republic of China: Article 270: Whoever illegally takes possession of another person's property in custody for himself, 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 illegally takes possession of another person's forgotten or buried property, and the amount is relatively large, and 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.

Misappropriation of another person's illegal property can constitute the crime of embezzlement. The crime of embezzlement refers to the crime of illegally taking possession of another person's property, forgotten or buried property for the purpose of illegal possession, and refusing to return the amount of money is relatively large, thus constituting a crime. The criteria for filing a case for the crime of embezzlement are as follows:

1. The defendant clearly knows that the property belongs to another person, but still takes the property as his own;

2. "Other people's property" refers to property forgotten by others, property buried by others, or property entrusted by others to the defendant for safekeeping;

3. The value of the property embezzled by the defendant reaches the standard of a relatively large amount;

4. The defendant refused to return the property to others.

Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and refuses to return it, 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 someone else's forgotten or buried property is illegally taken into possession of as oneself, and the amount is relatively large, and the amount is refused, punishment is to be given in accordance with provisions.

1. Sentencing standards for the crime of embezzlement.

First of all, let's analyze the concept of the crime of embezzlement, which refers to the act of illegally taking possession of other people's property, forgotten or buried property handed over to oneself for the purpose of illegal possession, and refusing to return it after the amount is relatively large. Negligence does not constitute this crime. The purpose of unlawful possession must also be present in order to constitute this offence.

In accordance with the provisions of article 270 of the Criminal Law, whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and 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 2 and 5 years imprisonment and a concurrent fine is to be given. Where the remnants of others are illegally taken into possession of forgotten or buried items, 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. It should be reminded that each locality can draw up an amount according to the local economic level and submit it to the Supreme Court for approval.

2. How to convict and sentence the salesman for embezzling money.

The act of embezzlement by a salesman constitutes the crime of embezzlement, and the crime of embezzlement refers to the act of illegally taking possession of other people's property, forgotten or buried property for the purpose of illegal possession, and the amount is relatively large, and refusing to return it.

Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and refuses to return it, 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.

Article 270 of the Criminal Law stipulates: "Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and 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. Paragraph 2 of the article also provides:

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. According to the judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate on the determination of crimes, the crime committed by the above-mentioned acts is the crime of embezzlement.