250,000 yuan for duty violations, and the ninth sentence of the Criminal Law is several years

Updated on society 2024-07-01
3 answers
  1. Anonymous users2024-02-12

    Legal analysis: The 500,000 yuan involved in the case belongs to the category of huge amounts. The sentence is to be between three and ten years imprisonment and a concurrent fine.

    Legal basis: Article 271 of the Criminal Law of the People's Republic of China Employees of companies, enterprises, or other units of the foundation 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 fixed-term imprisonment of not more than three slags for up to one year or short-term detention and shall also be fined; where the amount involved in the fight 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.

  2. Anonymous users2024-02-11

    1. Where the amount of embezzlement in public office is relatively large, that is, where it reaches 60,000 yuan or more but is less than 1,000,000 yuan, a sentence of up to five years imprisonment or short-term detention is to be given.

    2. Where the amount of embezzlement in public office is huge, that is, it reaches 1 million yuan or more, a sentence of not less than five years imprisonment is to be given, and property may be confiscated concurrently.

    3.On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of the amount of embezzlement in public office and other facts of the crime that impact the establishment of the crime.

    Legal basis] Article 271 of the Criminal Law of the People's Republic of China: 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, are to be sentenced to up to five years imprisonment or short-term detention where the amount is huge, and may be sentenced to five or more years imprisonment, and may also be confiscated property.

  3. Anonymous users2024-02-10

    Article 271 of the Criminal Law of the People's Republic of China stipulates: Personnel 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 fixed-term imprisonment of not more than five years or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and the property of the god may be confiscated concurrently. The clear criteria for a relatively large and huge amount of embezzlement are still uncertain, but as you mentioned, the case of 160,000 yuan should be considered to be a huge amount in practice, and the sentence should be more than five years.

    But each case has its own peculiarities and involves different sentencing circumstances.

    Criminal Law of the People's Republic of China

    Article 271.

    Where the staff of a company, enterprise, or other unit takes advantage of their position to illegally take possession of the 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;

    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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