Does it constitute a crime for leading cadres to borrow funds from management service recipients and

Where leading cadres borrow funds from management service recipients and have returned them, it already constitutes a crime, and if they are returned before the public prosecution, they may also be given a lighter punishment.

Legal analysisThis crime can only be intentional in the subjective aspect, that is, the perpetrator clearly knows that he is misappropriating or borrowing the funds of his own unit and taking advantage of his position, but still intentionally commits it. The act of misappropriating the unit's funds is divided into ordinary acts of misappropriation of the unit's funds in violation of law and discipline and the criminal act of misappropriating the unit's funds. Distinguish the boundaries between the two.

The object of this crime is the right to use the funds of a company, enterprise or other unit, and the object is the funds of the unit. The so-called funds of the unit refer to all the property in the form of money that is owned or actually controlled and used by the unit. This crime is objectively manifested in the perpetrator's taking advantage of his position to misappropriate the unit's funds for personal use or lending them to others, and the amount is relatively large and has not been repaid for more than three months.

Misappropriation refers to taking advantage of one's position to illegally use the unit's funds for one's own or others' use, but is prepared to return or exchange them in the future. "Taking advantage of one's position" refers to taking advantage of one's position to supervise, manage, or handle the unit's funds, such as the leader of the unit taking advantage of the position of being in charge of finance, the cashier taking advantage of the position of keeping cash, and other staff members using the convenience of handling the unit's funds. Without taking advantage of one's position, it is impossible to misappropriate the unit's funds, nor can it constitute the crime of misappropriation of funds.

Legal basisCriminal 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 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 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 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, 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.

Returned. No damage, impact. does not constitute a crime.

Yes, it should be clean and clean to create a good social environment.

It is very appropriate for the Communist Party to use a TV drama episode, "Liu Luoguo". THE STORY ...

1.Those who have previously received criminal punishment for crimes;

2.Those who have been dismissed from public office or dismissed;

3.Those suspected of violating discipline or law are being reviewed by specialized agencies and have not yet reached a conclusion;

4.the period of sanction or the period of influence has not yet expired;

5.is being audited by an audit institution;

6.The probationary period, the term of the contract agreement, or the minimum service period have not yet expired;

7.In the past three years, the annual evaluation has been basically competent, incompetent or indefinite;

8.Other circumstances stipulated by laws and regulations.

Therefore, cadres of public institutions cannot be transferred during the period of punishment.

It is not a crime, but your husband may be disciplined by the employer.

The illegal misappropriation of company funds by using his position has constituted a crime, and there is nothing wrong with not saying that he will return it, so it will be okay if you ask for interest? It is impossible, a crime is a crime, and the law does not tolerate mercy.

Hello, misappropriation of funds for profit-making activities, or illegal activities, even if returned, is a crime.

There are three main points, one is to see whether your identity is a state official, if so, it does not meet this article, the second is to see the amount of funds you embezzled and the length of time, and third, the return and payment of interest can only be a point of lenient punishment in sentencing, and does not mean anything, a crime has been committed.

It is not a crime. The crime of misappropriation of funds is the crime of embezzlement of public office, and can it be considered a crime if there is no embezzlement of public or private property?