How to punish the embezzlement of other people s property, and how to deal with the embezzlement of

Rules for the penalty of embezzlement of another person's property:

1. Where the amount of property embezzled by others reaches a relatively large standard and is refused to be returned, a sentence of up to two years imprisonment, short-term detention, or a fine is generally given;

2. Where the amount reaches the standard of huge or there are other serious circumstances, a sentence of not less than two years but not more than five years imprisonment and a concurrent fine shall be given.

[Legal basis].

Article 270 of the Criminal Law.

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; 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 the forgotten or buried items of others are illegally taken into their own possession, 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.

Legal Analysis: Where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; 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.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Where other people's property is embezzled and illegally taken for one's own, 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, and 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.

It is necessary to have the act of possessing other people's property through legitimate, bona fide, and lawful means, which is an important prerequisite for constituting this crime, and is also an important feature of this crime that distinguishes it from other crimes, if it is not through legitimate, bona fide, and lawful means, that is, the possession of the property is illegal, and it cannot constitute this crime, and there are various forms of lawful possession of lead, such as accepting gifts from others, through lawful transactions, etc., but the lawful possession of this crime only includes the following three situations:

1. Custody on behalf of others, including being entrusted by others to collect and manage their property on behalf of others;

2. Pick up other people's forgotten things;

3. The excavation of other people's burials, but such excavation cannot be illegal.

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 their unit's property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, shall be sentenced to fixed-term imprisonment of not less than five years, and may also be sentenced to confiscation of property. Article 272: Employees of companies, enterprises, or other units take advantage of their positions:

1) Misappropriating 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;

2) Where the amount is relatively large, for-profit activities are carried out, or illegal activities are carried out, where the amount has not exceeded three months, a sentence of up to three years imprisonment or short-term detention is to be given;

3) Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given. Article 273:Where funds or materials used for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief are misappropriated, and the circumstances are serious, causing major harm to the interests of the State and the people, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.