What is the difference between personal embezzlement and embezzlement?

The difference between the crime of embezzlement and the crime of embezzlement:

1. The subject of the crime of embezzlement in public office is a staff member of a company, enterprise, or other unit, and is not a state functionary, and is a special subject; The subject of the latter is a general subject, that is, a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility.

2. The crime of embezzlement in public office is subjectively manifested in the determination to illegally take possession of the property of the unit by means such as embezzlement, theft, and fraud; The subjective content of the latter sin is the refusal to take possession of the property, forgotten or buried property that is kept on behalf of another person and refuses to return it.

3. The crime of embezzlement in public office is objectively manifested in the illegal appropriation of the unit's property by taking advantage of one's position, that is, turning public affairs into private interests. However, the perpetrator must take advantage of his position to employ such means as embezzlement, stealing, or fraudulently obtaining it, but whether or not the property has already been possessed by him does not affect the establishment of this crime; The latter, on the other hand, must first take possession of another person's property in a legitimate, bona fide and lawful manner, and then use various means to take possession of it and refuse to return it, and the act does not require the use of the convenience of the position.

4. The object of the crime of embezzlement in public office is the property of a company, enterprise or other unit, including state-owned, collective, and individual: the latter crime only infringes on three specific things of others, that is, other people's property, forgotten things, or buried objects that are kept for oneself. Others refer only to individuals and not to organizations.

5. The object violated by the crime of embezzlement is the ownership of public or private property; The latter offense violates only the ownership of other people's property.

6. The crime of embezzlement in public office is not a case that is handled only after a complaint, while the latter is handled only if a complaint is made.

There is no such thing as personal encroachment, which is misappropriation. The biggest difference between it and embezzlement is that the object of embezzlement is different. The former is the property of others kept on behalf of others, and the latter is the property of the unit.

Legal Analysis: The difference between the crime of embezzlement and the crime of embezzlement in harmony with the state of office can be distinguished from five aspects: the subject of the crime, the object of the crime, the objective aspect of the crime, the subjective aspect of the crime, and the object. From the perspective of the two definitions, the subject of the crime of embezzlement is a general subject, which is all the people who keep the property of others on their behalf and embezzle them; The subject of the crime of embezzlement in public office is a non-state functionary, but is also a staff member of a company, enterprise or other unit.

Legal basis: Criminal Law of the People's Republic of China

Article 270:Whoever illegally takes possession of the property of another person 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 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.

Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their 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 persons engaged in public affairs in the hands of 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.

1. The crime of embezzlement refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of the convenience of being late in their duties to illegally take possession of the property of their own unit and the amount is relatively large. This crime cannot be based on identity, that is, as long as they are engaged in the affairs of an employee of a company, enterprise, or other unit, they will be found to be the subject of the crime of embezzlement in public office. 2. The key lies in the content of the behavior, first of all, we must take advantage of the convenience of the position, that is, the convenience of our own supervision, management, operation, and handling of the unit's property; Second, the property of the unit must be illegally appropriated for oneself.

It is precisely because the content of the above-mentioned acts is distinguished from the crime of embezzlement. 3. In addition, the understanding of the property of the unit is not limited to the ownership of the property belongs to the unit, but also includes the property of the unit exercising legal possession, but the ownership does not belong to the unit. In accordance with the above provisions, combined with the conduct of the coder in this case, Li, there is no problem for the public security organs to determine that he is guilty of embezzlement.

The subject of the crime of embezzlement in public office is the staff of a company, enterprise, or other unit, and is not a state functionary, and is a special subject; The subject of the latter is a general subject, that is, a natural person who has reached the age of responsibility for criminal matters and has the capacity for criminal responsibility. 2. The crime of embezzlement in public office is subjectively manifested in the determination to illegally take possession of the property of the unit by means such as embezzlement, theft, and fraud; The subjective content of the latter sin is the refusal to take possession of the property, forgotten or buried property that is kept on behalf of another person and refuses to return it. 3. The objective response to the crime of embezzlement in public office is manifested in the illegal appropriation of the unit's property as one's own by taking advantage of one's position, that is, turning public affairs into private interests.

However, the perpetrator must take advantage of his position to employ such means as embezzlement, stealing, or fraudulently obtaining it, but whether or not the property has already been possessed by him does not affect the establishment of this crime; The latter, on the other hand, must first possess the property of another person in good faith and lawfully, and then use various means to take possession of it and refuse to return it, and the act does not require the use of the position.

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: Differences:

1. The direct object of the crime is different;

2. The objective aspects of the crime are different;

3. The subjective aspects of the crime are different;

4. The subject of the crime is different.

Employees of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's financial assets and the amount of money is relatively large, shall be sentenced to up to three years imprisonment or short-term detention and shall also be fined.

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 engaged in public affairs, 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 are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.