What is the crime of taking possession of the funds invested by a partner on the grounds of a partne

From the situation you described, it is not easy to determine the specific offence of the other party who has violated the criminal law. Criminal offense.

With strict standards, criminal penalties.

It is very harsh, and generally advocates the thinking of guilt, and does not easily define which act constitutes a crime.

First of all, if a criminal case is involved, this case is a crime against property.

Second, the crimes that may be determined are determined in several situations:

1. If the perpetrator did not initially have the idea of taking possession for himself, it means that he did not have the intent to commit a crime at first, but later took the property of others in lawful possession as his own, and the amount was huge, and he refused to return it, the crime of embezzlement is established.

2. If the actor deliberately asks the partner to invest by deception, and the partner has a misunderstanding based on the actor's deception and thinks that it is an investment, and disposes of the property and delivers the funds to the actor as an investment, and the actor illegally occupies it, the actor constitutes the crime of fraud.

The conviction of the crime depends on the specific subjective and objective circumstances, and I only presume the possibility of the crime under the two circumstances.

It is a crime for you and me to take the funds escaped by your partners for your own use, and this is a misappropriation of illegal terms for public crimes, which is definitely a crime.

It is not legal for you to take your partner's funds as you have to steal someone else's funds, it is a crime of theft.

This is a crime of misappropriation of funds. for it is within the scope of his control.

If someone else's assets in Sichuan are certainly criminal, this situation is unforgivable.

If it is an act of duty, then it is considered an encroachment on duty.

This is obviously the crime of illegally appropriating other people's funds.

It should be considered a contract fraud.

Taking the funds invested by a partner for the purpose of a partnership is a crime of fraud, so you can go to court to solve your problem.

What is the sin of your partnership business if you only take the funds invested by your partners as your own? This can be prosecuted, and there is a law to determine what crime it belongs to? That is also a crime of fraud.

On the grounds of partnership, the funds invested by the partners are appropriated for themselves, and the crime of extortion is a very serious punishment, which can be sued in court.

Summary. Since it is a partnership, it is illegal for shareholders to keep the investment funds for themselves, and they can protect their legitimate rights and interests through litigation.

A partnership invests in a business, and the person who operates takes the investment money for himself and refuses to return it?

Since it is a partnership, it is illegal for shareholders to keep the investment funds for themselves, and they can protect their legitimate rights and interests through litigation.

If it is not returned, it can be sued and demanded by the partner.

Article 523 of the Civil Code [Contract for the performance of the contract by a third party] If the parties agree that the third party shall perform the debt to the creditor, and the third party fails to perform the debts of the Bank of China or the performance of the debts does not conform to the agreement, the debtor shall bear the liability for breach of contract to the creditor.

Can a case be filed for fraud or illegal possession?

The so-called crime of fraud refers to the act of defrauding others of property by concealing the truth of the hailstorm or fabricating facts for the purpose of possession by non-Wu Qizao, and the amount is relatively large or the circumstances are serious.

It is possible to prosecute him for fraud or unlawful possession.

He was fictitious and did not have any receipts or invoices.

It may be out of pure luck in the psychology of tax avoidance, because the Cape bill is subject to tax. If the seller is engaged in sales business, if the purchaser does not require the issuance of invoices, it shall truthfully recognize the income for accounting treatment and make a tax declaration for the current period (which can be filled in the uninvoiced income column of the declaration form).

You can go straight to the local court to prosecute him after gathering evidence.

It is not known what the final investment money will be used for.

I want to file a case.

Can a case be filed?

I know about prosecution.

Yes, you can. Invoices refer to the business vouchers issued and received by all units and individuals in the purchase and sale of goods, the provision or acceptance of services and other business activities, which is the original basis for accounting and an important basis for law enforcement and inspection by auditing and taxation authorities. The receipt is the receipt and payment voucher, and the invoice can only prove that the business has occurred, but cannot prove whether the payment has been received and paid.

Invoice refers to the text issued by ** to the buyer in economic activities, including the name, quality, and agreement of the product or service provided to the buyer. In addition to the advance payment, the invoice must have the elements of payment by the buyer to the first party according to the agreed conditions, and must contain the date and quantity, which is an important basis for accounting and accounting. China's accounting system stipulates that valid invoices for the purchase of products or services are called tax invoices.

**The name of the voucher verification of departmental fees and levies is different for different periods and different fee levy items, but they are mostly collectively referred to as administrative fee collection receipts. For internal audit and auditing, each invoice must have a unique serial code to prevent duplicate or skipping invoices. In simple terms, an invoice is the original document of the costs, expenses, or revenues incurred.

For the company, the invoice is mainly the basis for the company's accounting, and it is also the expense voucher for tax payment; For employees, invoices are mainly used for reimbursement.

This is the basis for tax evasion.

Summary. According to the relevant laws of our country, if a partner takes away the partnership property without permission, it is a criminal act, and if the amount of property reaches a large amount, it constitutes the crime of theft.

Hello. According to the provisions of the relevant laws of our country, it is a crime for a partner to take away the partnership property without permission, and if the amount of property reaches a large amount, it constitutes the crime of theft and quarrel.

If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.

Summary. The criminal composition of the crime of embezzlement in public office is:

1. The object element is the property ownership of the company, enterprise or other unit;

2. The objective element is to take advantage of one's position to embezzle the property of the unit, and the amount is relatively large;

3. The main elements are special subjects, including personnel of companies, enterprises or other units;

4. The subjective element can only be subjective intent.

What is the crime of taking possession of the funds invested by a partner on the grounds of a partnership?

Hello. In this case, the crime of misappropriation is constituted.

The criteria for filing a case for the crime of embezzlement in public office are as follows: Where personnel of a company, enterprise, or other unit take advantage of their position to illegally take possession of the unit's property, and the amount is between 5,000 and 10,000 yuan or more, a case shall be filed for prosecution.

The criminal composition of the crime of embezzlement in public office is as follows: 1. The object element is the ownership of the property of a company, enterprise or other unit; 2. The objective element is to take advantage of one's position to embezzle the property of the unit, and the amount is relatively large; 3. The main elements are special subjects, including personnel of companies, enterprises or other units; 4. The subjective element can only be subjective intent.

The standard for filing a case for the crime of non-embezzlement is 10,000 yuan for judicial interpretation, and 5,000 for filing a case in some places.

It is a crime for a partner to embezzle the property of the partnership, and the employees of the partnership, including the hired management personnel, misappropriate the property of the partnership enterprise constitutes the crime of embezzlement of property; The misappropriation of partnership property by employees, including business managers, constitutes the crime of misappropriation of property. ”

Partnership Enterprise Law of the People's Republic of China

Article 68 stipulates that if a partner appropriates the interests that should belong to the partnership enterprise in the course of performing the affairs of the partnership enterprise, or adopts other means to embezzle the property of the partnership enterprise, he shall be ordered to return the interests and property to the partnership enterprise; If losses are caused to the partnership or other partners, they shall be liable for compensation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. This article stipulates the civil and criminal liabilities that a partner shall bear for infringing on the interests of the partnership and misappropriating the property of the partnership in the partnership, and embezzlement refers to the act of illegally appropriating the property of others as his own.

Article 72 stipulates that employees recruited by a partnership enterprise who take advantage of their positions to illegally take possession of the property of the partnership enterprise or misappropriate the funds of the partnership enterprise for personal use shall bear civil liability in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

It is an offence for an individual partnership to embezzle the property of the partnership. Employees recruited by a partnership enterprise who take advantage of their position to illegally take possession of the property of the partnership enterprise or misappropriate the funds of the partnership enterprise for personal use shall bear civil liability in accordance with the law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Criminal Law of the People's Republic of China

Article 270.

Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and refuses to return it, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; Brother is a scumbag.

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 others envy forgotten or buried items are illegally taken into possession of themselves, 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.

Criminal Law of the People's Republic of China

Article 271.

Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of that unit's property, and the amount is relatively large, are to 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 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.