Is it necessary to transfer ownership of immovable property in the crime of embezzlement?

The crime of embezzlement in public office refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property for themselves, and the amount is relatively large.

The object of the crime of embezzlement in public office is the property of a company, enterprise or other unit, including movable and immovable property. The so-called illegal possession refers to the use of various means such as embezzlement, theft, and fraud to turn the property of the unit into private ownership, including the act of disposing of, using, and collecting the property of the unit that has been legally held as one's own property, such as falsely claiming the property of the unit, such as the house, equipment and other property in one's possession, and the price is marked; Register the transfer of ownership of the unit you live in as your own; or concealing things in custody, falsely claiming that they have been stolen, lost, damaged, etc., and also includes acts of fraudulently, stealing, embezzling, or privately dividing the property of a unit without taking possession of the unit's property but taking advantage of one's position, so as to convert it into private property. Regardless of whether it is first possessed and turned into one's own possession, or whether it is acquired by means of embezzlement, theft, or fraud without possession, as long as it is essentially for the purpose of illegal possession and the expression of intent to take such illegal possession is made by taking advantage of one's position, and the standard of a relatively large amount is reached, this crime can be constituted.

In other words, the immovable property in the crime of embezzlement does not require that the ownership must be transferred.

See Penal Code

There is no need, this depends on what you say, if someone else has appropriated you, or you have appropriated someone else's, if someone else has appropriated you, then as long as there is evidence to prosecute, if you have embezzled someone else's, you can still be prosecuted as long as there is evidence.

If the property is related to the crime of embezzlement**, it may be seized. If there is no special reason, the court will not seize the offender's property for no reason, and the seizure of the property also needs to meet the relevant requirements of the law.

1. Do you have to affix a seal to the house that is sealed?

Seals must be affixed to the seized houses. Because the court affixed the seal of seizure, it is basically a frozen situation. Generally, it is used to inform the owner of the property, as well as the family members and other citizens of the owner.

For seizure, it is necessary to issue a notice of assistance to the real estate registration center, prohibiting the seizure of property to settle the pledge and transfer registration, and restricting the property owner's right to punishment. In accordance with the relevant laws and regulations of the state, where immovable property is sealed, the people's court shall post a seal or public announcement, and may extract and preserve the relevant property rights certificates.

2. Can the house be bought and sold after it is sealed?

After the house is sealed, it cannot be bought or sold. The law stipulates that real estate that has been ruled or decided by judicial-administrative organs to be sealed or otherwise restricted in real estate rights in accordance with law shall not be transferred. It is generally considered that the contract for the sale and purchase of the house that has been seized is valid in itself, but it is prohibited from being transferred until the seizure is lifted.

In other words, if the house is not unsealed, even if the house sale contract is valid, the buyer will still not be able to obtain the house ownership certificate, so the risk is very high. Legally speaking, the seized house has limited rights, which will not directly lead to the invalidity of the contract, but will lead to the inability to perform the contract, and the court will rule to terminate the contract; In such a transaction, it is necessary to ask the seller why the house was mortgaged or seized and to inform the buyer truthfully. If the seller can solve it on his own and the buyer is willing to buy, it needs to be indicated in the contract, otherwise the contract will not be signed.

3. Whether the sales contract of the seized property is valid.

There is an obstacle to the seizure of the real estate, and the real estate cannot be transferred, which is a matter of change of property rights and does not affect the validity of the sales contract; That is, if the buyer and the seller sign the "House Sale and Purchase Contract" or the "Commercial Buried Housing Sales Contract" is a true expression of the intention of both parties, and the content of the contract does not violate the mandatory provisions of laws and administrative regulations, it is a legal and valid contract.

Article 271 of the Criminal Law, personnel of companies, enterprises or other units take advantage of their positions to illegally take possession of the property of their own units;

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.

Personnel engaged in public affairs in state-owned companies, enterprises or other state-owned units, and persons appointed by state-owned companies, enterprises or other state-owned units to non-state-owned companies;

Where personnel of enterprises and other units engaged in public affairs have the conduct in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

Legal analysis: If the property is related to the case after criminal detention for embezzlement, it generally cannot be sold, and will generally be seized by the court. The crime of embezzlement in public office refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property for themselves, and the amount is relatively large.

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. 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.

The property related to the case cannot be sold and will be seized by the court.

The legal procedure for the seizure of a property by the court is:

1. The court issues the Notice of Assistance in Enforcement and the attached legal documents to the land and real estate department;

2. The case-handling personnel shall present the court work certificate to the national repentance and land reform real estate department, and shall go through the sealing procedures in the following different circumstances:

1) If the real estate certificate has been issued for the subject matter of the seizure, the search form issued by the archives of the Land and Real Estate Bureau shall be submitted;

2) If the subject matter of the seizure is a pre-sold commercial house, the transaction form of the pre-sold commercial house issued by the real estate exchange or the detailed list of the real estate shall be submitted;

3) If the subject matter of the seizure is land, the land ownership should be checked at the archives of the Land and Real Estate Bureau and the written results of the search should be submitted.

3. The land and real estate department shall seal up the materials submitted by the court.

Article 271 of the Criminal Law: 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 relatively large, they are to be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more 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.

Article 183 Combined with the first paragraph of the first paragraph, a staff member of an insurance company who takes advantage of his position to deliberately fabricate an insurance accident that has not occurred to make a false claim, and fraudulently obtains that the insurance money belongs to him, shall be convicted and punished in accordance with the provisions of Article 271 of this Law.

If the property is to be sold during the criminal detention period, if the property is related to the case, it cannot be sold, and the court will seal it up.

Personnel of companies, enterprises, or other units who take advantage of their position to illegally take possession of their unit's property, and the amount is relatively large, are to be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more imprisonment, and property may be confiscated concurrently.

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 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 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.

Legal analysis: The property related to the case cannot be sold, and the court will seize it. The legal procedure for the seizure of a property by the court is:

1. The court issues a notice of assistance in enforcement and attached legal documents to the land and real estate department, and Hu Yejian presents the court work card to the land and real estate department.

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 position to illegally take possession of their unit's property, and the amount is relatively large, are to be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more imprisonment, and the 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 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.

If there is no special reason, the court will not seize the criminal's property for no reason, and the seizure of the property also needs to meet the relevant requirements of the law. Personnel of companies, enterprises, or other units take advantage of their positions to illegally take possession of their own property; 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.

Legal basis: Article 277 of the Criminal Law of the People's Republic of China, Article 11, personnel of companies, enterprises or other units take advantage of their positions to illegally take possession of the property of their own units; 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.