What is the subject of the crime of misappropriation of funds, and what is the subject of the crime

According to the provisions of the relevant laws of our country, the subject of the crime of misappropriation of funds is limited to the staff of the company, enterprise or other units, including the directors and supervisors of the company, the directors and supervisors of the limited liability company, the managers other than the directors and supervisors of the company, the remaining people and other ordinary employees of the department, and the employees of other enterprises or other units. A person who has the status of a State agent cannot be the subject of this crime.

[Legal basis].Article 272 of the Criminal Law.

Where the staff of a company, enterprise, or other unit takes advantage of their position to misappropriate their 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, a sentence of up to three years imprisonment or short-term detention is to be given; 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.

The subject of the misappropriation of funds is the staff of a company, enterprise or other unit. The first is the director of the stock company and the supervisor of the limited liability company, and the second is the manager, department head and other general employees other than the company's directors and supervisors, and the second is the employee of the enterprise or other units, including the employees of collective enterprises, private enterprises and wholly foreign-owned enterprises.

Article 272 of the Criminal Law.

Where the staff of a company, enterprise, or other unit takes advantage of their 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, a sentence of up to three years imprisonment or short-term detention is to be given; 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.

1. What crime is the boss suspected of transferring property to his or her name?

The transfer of property by a shareholder of a company to an individual is suspected of the crime of misappropriation of funds, Article 272 of the Criminal Law of the People's Republic of China.

Crime of misappropriation of funds] 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 to 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, the sentence is up to three years imprisonment or short-term detention; 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.

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.

2. How many years is the sentence of 1.7 million yuan for the crime of misappropriation of funds.

The crime of misappropriation of funds of 1.7 million yuan will be sentenced to 3-10 years in prison, China's law clearly stipulates the sentencing standards for the crime of misappropriation of funds, and if the amount involved reaches 1.7 million, it is a huge amount of money, and it is necessary to punish according to the sentencing standards of huge amounts.

In accordance with article 272 of the Criminal Code.

Crime of misappropriation of funds] 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 to 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, a sentence of up to three years imprisonment or short-term detention is to be given; 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.

The subject of the crime of misappropriation of funds is a special subject, that is, the staff of a company, enterprise or other unit.

Specifically, there are three different types of natural persons:

The first is the director and supervisor of the stock **** and the limited liability company. Daddy.

Second, the staff of the above-mentioned companies refer to managers, department heads and other general employees other than the directors and supervisors of the company.

(3) Employees of enterprises or other units other than the above-mentioned enterprises, including employees of collective enterprises, private enterprises, wholly foreign-owned enterprises, and employees of state-owned companies, state-owned enterprises, Sino-foreign joint ventures, and Sino-foreign cooperative joint-stock companies;

All other employees of an enterprise who do not have the status of state functionaries, as well as non-state employees who are entrusted by state organs, state-owned companies, enterprises, public institutions, and people's organizations to manage and operate state-owned property.

[Legal basis].

Article 272 of the Criminal Law, employees of companies, enterprises, or other units take advantage of their positions to misappropriate their unit's funds for personal use or lend them to others;

where the amount is relatively large and has not been repaid for more than three months, or where the amount is relatively large and for-profit activities are carried out, or illegal activities are carried out, a sentence of up to three years imprisonment or short-term detention is to be given;

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 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, 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.