Penal provisions on the crime of misappropriation of funds, detailed legal provisions on the crime o

Article 185.1 Where the staff of a bank or other financial institution takes advantage of their position to misappropriate the funds of their own unit or customers, they shall be convicted and punished in accordance with the provisions of Article 272 of this Law.

Article 272:Where a staff member of a company, enterprise, or other unit takes advantage of his position to misappropriate the unit's funds for personal use or to lend them to others, and the amount is relatively large and has not been repaid for more than three months, or even though it has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given.

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, commit the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of article 384 of this Law.

With regard to the crime of misappropriation of funds, a staff member of a company, enterprise or other unit who takes advantage of his position to misappropriate the unit's funds for personal use or to lend them to others, and the amount is relatively large and has not been repaid for more than three months, or if the amount is relatively large but the amount is relatively large, or if he engages in profit-making activities or illegal activities, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Legal Analysis: According to the provisions of the Criminal Law of the People's Republic of China, whoever takes advantage of his position to misappropriate the unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although the amount has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, the sentence is up to three years imprisonment or short-term detention; where the amount of misappropriation of the unit's funds is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment.

Legal basis: Article 272 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 embezzle the unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the amount is relatively large and for-profit activities are carried out, or the seller conducts illegal activities, shall be sentenced to up to three years imprisonment or short-term detention; where the amount of funds of Luchunlu's unit is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment. Where persons 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, commit the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of article 384 of this Law.

Where there is conduct in the first paragraph, and the misappropriated funds are returned before a public prosecution is initiated, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, punishment may be commuted or waived.

Legal Analysis: Article 272 of the Criminal Law of the People's Republic of China.

Legal basis: "Criminal Law of the People's Republic of China" Article 272: Where a staff member of a company, enterprise, or other unit takes advantage of his position to embezzle the unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the amount of misappropriation of the unit's funds is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment. 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 engage in official business, they are to be convicted and punished in accordance with the provisions of article 384 of this Law.

Where there is conduct in the first paragraph, and the misappropriated funds are returned before a public prosecution is initiated, the punishment may be mitigated or commuted, including punishment. Of these, where the crime is relatively minor, punishment may be commuted or waived.

Legal Analysis: Where the staff of a bank or other financial institution takes advantage of their position to misappropriate the funds of their own unit or customers, they shall be convicted and punished in accordance with the provisions of Article 272 of this Law. Article 272:

Employees of companies, enterprises, or other units take advantage of their positions to embezzle their unit's funds for personal use or lend them to others, and the amount is larger than that of Lu Bei and has not been repaid for more than three months, or the amount is relatively large even though it has not exceeded three months.

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

Article 185: Where staff members of banks or other financial institutions take advantage of their positions to misappropriate the funds of their own units or clients, they shall be convicted and punished in accordance with the provisions of Article 272 of this Law.

Article 272: Where a staff member of a company, enterprise, or other unit takes advantage of his position to misappropriate the unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the net difference in the amount is relatively large.

The crime of misappropriation of funds is provided for in article 272 of the Criminal Law, and where the perpetrator constitutes the crime of misappropriation of funds, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given.

[Legal basis].Article 272 of the Criminal Law.

Employees of companies, enterprises, or other units who take advantage of their positions to embezzle the unit's funds for personal use or to lend them to others, and where the amount is relatively large and have not been repaid for more than three months, they are to be promoted, or if they have not been more than three months old, but the amount is relatively large, or they engage in profit-making activities, or carry out illegal activities, they are to be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given.

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, commit the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of article 384 of this Law.