Embezzlement of Duties Ask for help, what does it mean to embezzlement of duties

1. If you find a witness, you can get your wages back in accordance with labor arbitration.

2. Even if you still have 7,000 yuan according to your calculation, you can be prosecuted for the crime of embezzlement.

The first paragraph of Article 271 of the Criminal Law of the People's Republic of China stipulates that if 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 unit as already owned, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.

It can be seen from the law that there are no clear provisions on the amount of the crime of embezzlement in public office. With reference to the interpretation promulgated by the Supreme People's Court, it is stipulated in a relatively large amount"5,000-20,000 yuan"In terms of the huge amount, 100,000 yuan is taken as the starting point of the huge amount, and the specific amount will vary from region to region. In developed areas, the larger amount is about 100,000 yuan, and the sentence is generally 2 to 3 years in prison.

Basic Criminal Table for the Crime of Embezzlement in Public Office (Basic Table for Reference in Shanghai) Statutory Punishment Range Echelon Amount Level Series of the Crime of Embezzlement in Public Office Criminal Level Series 10,000 RMB Fixed-term imprisonment of less than 6 months and short-term detention.

2 2-40,000 6 months to 2 years in prison.

3 4-60,000 2-3 years in prison.

4 6-80,000 3-4 years in prison.

5 8-100,000 4-5 years in prison.

6 10-500,000 5-7 years in prison.

7 50-1 million 7-9 years in prison.

8,100-5,000,000 9-11 years in prison.

9,500-10,000,000 11-13 years in prison, 10,100,000 or more, 13-15 years in prison.

You've broken the law.

As for your salary, you can collect and sort out the proof of the existence of a working relationship between you, and report it to the labor department, and he will be fined more than 20,000 yuan. At the same time, it is required to pay arrears.

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.

Legal analysis: The basic methods for dealing with embezzlement in public office are as follows: 1. Personnel of companies, enterprises or other units who take advantage of their positions to illegally take possession of the property of their own units, and the amount of embezzlement is relatively large, the criminal suspect will be sentenced to fixed-term imprisonment of not more than five years or criminal detention by the people's court; 2. Where the amount of embezzlement in public office is huge, the criminal suspect Sun Mengjin will be sentenced to fixed-term imprisonment of more than five years by the people's court, and may also have his property confiscated.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China Personnel of a company or 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 property may be confiscated concurrently.

Legal Analysis: Personnel of companies, enterprises, or other units who take advantage of their positions 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.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he shall be sentenced to up to three years imprisonment 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 382 and 383 of this Law.

Legal Analysis: Embezzlement is a criminal act and is generally subject to criminal penalties, as follows:

Criminal Law of the People's Republic of China》 Article 271 Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he shall be sentenced to up to three years imprisonment 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.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he shall be sentenced to up to three years imprisonment 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.

1. Where a staff member of a company, enterprise, or other unit takes advantage of his position to take advantage of his or her position to take the illegal possession of the unit's property as his own, 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. 2. 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.

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: 1. It must be the convenience of one's position 2. There must be an act of embezzlement 3. It must reach the level of a relatively large amount 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 cannot constitute this crime.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; 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.