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The specific provisions are that if the infringer should bear administrative or criminal liability for the same act, it does not affect the tort liability in accordance with the law. After being sentenced for the crime of embezzlement in public office, they should still bear the corresponding civil liabilities such as returning the misappropriated property and compensating for losses.
Legal basis: Article 271 of the Criminal Law of the People's Republic of China Employee of a company, enterprise, or other unit who takes advantage of his position to illegally take possession of property in a position known to him as his own, and the amount is relatively large, 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.
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.
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Legal Analysis: If the crime of embezzlement is established, the criminal penalty and the fine shall be imposed concurrently. The specific penalty standards are as follows:
where the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, 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 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.
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Legal Analysis: Paying Off. After the offender completes the criminal punishment, he shall still bear the corresponding civil liabilities such as returning the misappropriated property and compensating for losses.
Where criminals illegally take possession of or dispose of the victim's property and cause them to suffer material losses, the people's courts shall recover it or order restitution in accordance with law. Where the losses cannot be made up after recovery or restitution, and the defendant separately raises a civil lawsuit in the civil division of the people's court, the people's court may accept it.
Legal basis: "Criminal Law of the People's Republic of China" Article 271 Employees of companies, enterprises or other units who take advantage of their positions to solicit other people's property or illegally accept other people's property to seek benefits for others, and the amount is relatively large, shall be sentenced to up to three years imprisonment or short-term detention and shall also be fined; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine is to be given. Where a staff member of a company, enterprise, or other unit takes advantage of his position in the course of economic dealings, violates state regulations, and accepts kickbacks or handling fees in various names, which are owned by individuals, they shall be punished in accordance with the provisions of the preceding paragraph.
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According to the provisions of the Tort Law, if the infringer shall bear administrative or criminal liability for the same act, it does not affect the tort liability in accordance with the law. After the crime of embezzlement is sentenced, they should still bear the corresponding civil liabilities such as returning the embezzled property and compensating for losses.
Legal basis: Article 271 of the Criminal Law of the People's Republic of China The crime of embezzlement in public office, in which personnel of a company, enterprise or other unit take advantage of their position to illegally take possession of the property of their own unit; where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Laugh Luyu.
Personnel engaged in public affairs in state-owned companies, enterprises or other state-owned units, and state-owned companies, enterprises or other state-owned units appointed to non-state-owned companies or enterprises; Where persons engaged in public affairs in 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.
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After the perpetrator of the embezzlement has returned the money, he may still be sentenced to a criminal penalty, but his brother can be punished lightly. Where the staff of a company, enterprise, or other unit takes advantage of their position to illegally take possession of that unit's property, and the amount is relatively large, they are to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine.
Article 270 of the Criminal Law Employees 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 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, commit the conduct described in the preceding paragraph, they shall be convicted and punished in accordance with the provisions of articles 300 and 82 and 383 of this Law.
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