Ask a lawyer, is this the crime of embezzlement, and how to make a criminal complaint? 10

It must be the crime of embezzlement, with a penalty of more than 300,000 yuan, and a fixed-term imprisonment of 5-7 years in economically developed areas such as Shanghai, Tianjin, Beijing, the Yangtze River Delta and Guangzhou.

The first paragraph of Article 271 of the Criminal Law of the People's Republic of China stipulates that if a person of a company, enterprise or other unit takes advantage of his position to illegally take possession of the property of his or her unit as already owned, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.

It can be seen from the law that there are no clear provisions on the amount of the crime of embezzlement in public office. With reference to the interpretation promulgated by the Supreme People's Court, it is stipulated in a relatively large amount"5,000-20,000 yuan"In terms of the huge amount, 100,000 yuan is taken as the starting point of the huge amount, and the specific amount will vary from region to region. In developed areas, the larger amount is about 100,000 yuan, and the sentence is generally 2 to 3 years in prison.

Basic Criminal Table, for the crime of embezzlement in public office.

Statutory Punishment Range Echelon Amount Level Series of Crime of Embezzlement in Public Office Punishment Level Series 10,000 Fixed-term imprisonment of less than 6 months and criminal detention.

2 2-40,000 6 months to 2 years in prison.

3 4-60,000 2-3 years in prison.

4 6-80,000 3-4 years in prison.

5 8-100,000 4-5 years in prison.

6 10-500,000 5-7 years in prison.

7 50-1 million 7-9 years in prison.

8,100-5,000,000 9-11 years in prison.

9,500-10,000,000 11-13 years in prison, 10,100,000 or more, 13-15 years in prison.

Silence! Pay it back!

If you don't believe it, you're in trouble!

In the crime of embezzlement in public office, the object of the crime is the property of the unit.

If the person you are talking about takes advantage of his position to illegally take possession of the property of another unit in his custody and refuses to return it, no matter how he adopts it, as long as it can be proved that he has embezzled the property and the property he has embezzled meets the standard of constituting a crime, he will constitute a crime.

The loss of customer funds by the logistics company is to be compensated, and whether the funds illegally embezzled by employees in the management of the logistics company can be regarded as embezzlement of the company's property, I have not found an exact judicial explanation.

In my opinion, even if it does not constitute the crime of embezzlement, it is suspected of constituting the crime of embezzlement.

The crux of the matter is: whether the person embezzled the money, or was he really robbed.

If a case of embezzlement has not yet been filed, a lawyer may be hired. According to the relevant provisions of China's "Criminal Lu State Erection Law", the crime of embezzlement in public office is a crime of personal prosecution and belongs to the category of private prosecution cases in criminal proceedings, that is, if the parties do not sue themselves, the public security organs cannot pursue the responsibility of the perpetrator of the embezzlement without authorization, and must not file a case without authorization. Therefore, as long as the parties to the embezzlement case need it, even if the case has not been filed, they can hire a lawyer.

[Legal basis].Article 271 of the Criminal Law.

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.

Hello, the criminal lawyer's case handling is more complicated, and it requires not only rich experience, but also a lawyer with strong ability.

A good criminal lawyer is usually one who is very knowledgeable about local policies, has experience, and has a sense of responsibility and dedication.

The crime of embezzlement is a common crime that can be defended and mitigated. Lawyer Koudi, lawyer of Sanhail Respectful Sogao, director of the criminal team of Zhejiang Siqiao Law Firm. The Criminal Department of Zhejiang Siqiao Law Firm has a high success rate of release on bail pending trial, a high rate of not-guilty defense, and rich experience in defending innocence and minor crimes for group crimes and joint crimes.

Handled dozens of major, difficult, and complex criminal cases. He is familiar with the process of handling cases in the public procuratorate and law, and has rich network resources. Fully consider the parties, try to arrange meetings on the same day when accepting the entrustment, and recommend that the parties encounter criminal legal issues and consult them in a timely manner.

Teamwork, professional analysis guidance!

Lawyer analysisThe sooner the lawyer intervenes, the more he understands the facts of the case, and the more beneficial it is to protect the lawful rights and interests of the criminal suspect or defendant. It is the right of a criminal suspect to hire a lawyer, and the investigating organ shall inform the criminal suspect when he interrogates him for the first time or takes compulsory measures against the criminal suspect.

Legal basis: Article 34 of the Criminal Procedure Law.

Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time. When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender.

Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that he or she has the right to retain a defender. Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf. After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.

Legal Analysis: The defense skills before filing a case for the crime of embezzlement include:

1. Defend not guilty or guilty of a minor offense based on whether or not you have the qualifications to commit a crime;

2. Defend not guilty or guilty of a minor crime based on whether there is an intentional intention to illegally occupy the property of the unit based on subjective signs;

3. Defend not guilty or minor on whether the infringement is the property of the unit;

4. Defend whether or not to take advantage of one's position to make a defense of innocence or a minor offense;

5. Defend not guilty or guilty of a minor crime based on whether or not the act of embezzlement was carried out by death;

6. Defend not guilty or minor on whether the amount involved in the case meets the criteria for filing a case;

7. Defend not guilty or minor on other statutory grounds.

Legal basis: Criminal Law of the People's Republic of China

Article 271: Where a staff member of a company, enterprise, or other single clan takes advantage of his position to illegally take possession of the property of his or her unit, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years 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.

Legal analysis: The crime of embezzlement is a private prosecution case and a public prosecution case, so you can directly go to the court to prosecute, or you can report to the public security organ, and the losses caused by employees to the company need to be compensated and criminal responsibility. A private prosecution shall be submitted to a criminal private prosecution.

Legal basis: "Criminal Law of the People's Republic of China" Article 270: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it late or later, is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, the sentence is between two and five years imprisonment and a concurrent fine.

Where the forgotten or buried property of others is illegally taken into possession of oneself, and the amount is relatively large, and the person refuses to give it or does not hand it over, it is to be punished in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.