On the issue of the crime of embezzlement in criminal law

Taking advantage of one's position must be based on the premise and basis of one's position, and refers to the favorable conditions formed by taking advantage of one's power and position within the scope of one's position, that is, taking advantage of the convenient conditions for supervising, managing, and handling the unit's property in one's job activities.

Taking advantage of one's work refers to taking advantage of the convenience of those who have nothing to do with official business, who are generally familiar with the environment and the situation because of their work relationship, who understand the inside situation, know the conditions for committing crimes, and enter and exit the unit because of their identity. That is, the perpetrator does not have the authority or direct connection with the illegal possession of the unit's property, but only takes advantage of the convenience of having easy access to the management and handling of the unit's property in the hands of others, or being familiar with the environment in which the crime was committed. Property crimes thus carried out shall be separately found to be theft, fraud, or embezzlement based on the different methods used by the perpetrator to illegally occupy the unit's property.

The main difference between taking advantage of one's position and taking advantage of one's job is that the former illegally occupies public property under the cover of the official activities of lawfully supervising, managing, and handling the property of the unit, and requires that there should be a direct causal relationship between the criminal act and the position. The latter does not have the official activities of lawfully supervising, managing, or handling public property, or although they have official activities that lawfully manage public property, they do not use such lawful activities as a cover to illegally occupy public property.

For example, if Wang is an accountant of a certain unit, if he adopts the method of forging accounting vouchers, fabricating expenses, and then taking the unit's finances as his own, he is suspected of embezzlement. If he only takes advantage of his frequent access to the unit's financial office and then takes cash directly from the drawer of the unit, he is suspected of theft rather than embezzlement.

For example, if the accountant in the company's financial office takes away the company's funds, his behavior is to take advantage of his position. However, if the cleaner who is responsible for cleaning the financial office every day of the enterprise takes away the company's funds placed in the financial room when cleaning the financial room, his behavior is to take advantage of the "convenience of work".

Position is related to the power and duty of the perpetrator, and the convenience of work is more manifested in familiarity with the environment and time of the crime. For example, stealing money from the safe deposit box in the financial office can be directly stolen with a password, and the work convenience is knowing when to change the office, when to steal, how to enter the office, etc.

It's not very clear. I haven't sorted out the language yet.

Legal analysis: 1. The embezzlement is the property of the actor's unit; 2. The perpetrator should take advantage of his position to take possession of the unit's property without lawful means, and the amount of embezzlement is between 5,000 and 10,000 yuan; 3. The perpetrator is a non-state worker in the unit; 4. It is necessary to hold the purpose of deliberately and illegally occupying the property of the unit.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China with Filial Piety Zheng Yinfeng or other personnel of a company or enterprise who takes advantage of his position to illegally take possession of the property of his unit as his own, and the amount is relatively large, 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 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.

Legal Analysis: The crime of embezzlement refers to the act of illegally taking possession of the property of the unit by the staff of a company, enterprise or other unit through the convenience of their position, and the amount is relatively large. Criminals who commit the crime of embezzlement in public office and illegally occupy a relatively large amount of property will be sentenced by the court to fixed-term imprisonment of not more than five silver and Li years, or criminal detention imitation of a sedan chair.

If the amount of money illegally taken in possession is huge, the offender can be sentenced to more than five years in prison and confiscation of property.

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 fixed-term imprisonment of not more than three years 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.

Legal analysis: 1. The embezzlement is the property of the actor's unit; 2. The perpetrator should take advantage of his position to take possession of the property of the unit without lawful means, and the amount of embezzlement is between 5,000 and 10,000 yuan; 3. The perpetrator is a non-state employee of the unit; 4. It is necessary to hold the purpose of deliberately and illegally occupying the property of the unit.

Legal basis: Article 271 of the Criminal Law of the People's Republic of China 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 is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount 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 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: The crime of embezzlement in public office in the Criminal Law is determined as follows:

1) Subject matter elements. The object of this crime is the right to sue for the property of a company, enterprise or other entity.

2) Objective elements. 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.

3) Subject Elements. The subject of this crime is a special entity, including personnel of companies, enterprises, or other units.

4) Subjective elements. This crime is directly intentional in the subjective aspect and has the purpose of illegally taking possession of the property of a company, enterprise or other entity. 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.

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 destroyed in this single place as their own, 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 public companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, engage in 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.

According to the relevant provisions of China's relevant laws, the sentencing for the crime of embezzlement in public office is as follows: 1. The Statutory Sentence is up to 5 years imprisonment, the starting sentence and the base sentence of short-term detention Where a person takes advantage of his position to illegally embezzle the property of his or her unit, and the amount of the crime reaches the starting point of 10,000 yuan for a "relatively large amount", the starting sentence may be determined within the range of 3 months short-term detention to 6 months imprisonment. On the basis of the starting sentence, for every 1,000 yuan increase in the amount of the crime, the sentence may be increased by one month, and the base sentence may be determined.

2. The starting sentence and base sentence of the legally-prescribed sentence within the range of 5 years or more imprisonment Where the convenience of one's position is taken advantage of one's position to illegally embezzle the property of that unit, and the amount of the crime reaches the starting point of 100,000 yuan for a "huge amount", the starting sentence may be determined within the range of 5 to 6 years imprisonment. On the basis of the starting sentence, the sentence may be increased by one month for every 10,000 yuan increase in the amount of the crime, so that the base sentence is determined. 3. In any of the following circumstances, the sentence may be increased accordingly and the base sentence adjusted, but the cumulative increase in the sentence must not exceed the base sentence:

1) Where the conduct of embezzlement in public office seriously impacts production and operations or causes other serious losses, the base sentence may be increased by up to 30%; where both circumstances are present, the base sentence may be increased by up to 10% or a friend; (2) Where there are multiple encroachments on public office, the base sentence may be increased by up to 20%; (3) Where public office embezzles funds or property used to prevent or control sudden infectious disease outbreaks or other disasters, the base sentence may be increased by up to 20%; (4) Where public office embezzles funds and materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief, as well as fundraising donations and materials, the base sentence may be increased by up to 20%; (5) Where funds embezzled in public office are used for illegal or criminal activities such as drug use or gambling, the base sentence may be increased by up to 20%. 4. Where embezzlement is truly carried out due to urgent needs such as medical treatment or study, the base sentence may be reduced by up to 20%.