Answer: No, the crime of illegal embezzlement refers to the act of illegally taking property, forgetting things or buried objects handed over by others as your own for the purpose of illegal possession, and refusing to return them in a large amount. The object of this crime is the ownership of others' property. Objectively, this crime is manifested as illegal possession of property, forgetting the things or buried objects entrusted by others, and refusing to return them in a large amount. The subject of this crime is the general subject, and any natural person with criminal responsibility at the age of 16 can constitute this crime. "Legally holding other people's property" is the premise of the crime of embezzlement. "Legally holding other people's property" not only explains the category of holding objects, but also explains the legal nature of holding behavior.
Legal basis: (1) Relevant provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law):
Article 270 stipulates that the crime of embezzlement refers to the illegal possession of other people's property for safekeeping, and if the amount is large and refuses to return it, it shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph.
This crime can only be dealt with if it is spoken.
(2) Relevant judicial interpretations:
In the text of the Notice on Determining the Amount of Eight Crimes against Property, Beijing [Beijing Higher People's Court, Beijing People's Procuratorate and Beijing Public Security Bureau] [Gao Jing Fa Fa Fa [1998]No. 188] [1998.06.22] [650
Crime of embezzlement, the amount of which is more than 1 10,000 yuan; The huge amount exceeds100000 yuan.
The amount of property infringement is an important criterion for determining the crime of property infringement, but it is not the only criterion. In addition to the amount of property infringement, we should make a comprehensive analysis according to other specific circumstances of the crime, as well as the guilty attitude and repentance of the suspect, in order to correctly convict and sentence. (a) the relevant provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law):
Article 270 stipulates that the crime of embezzlement refers to the illegal possession of other people's property for safekeeping, and if the amount is large and refuses to return it, it shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph.
This crime can only be dealt with if it is spoken.
(2) Relevant judicial interpretations:
In the text of the Notice on Determining the Amount of Eight Crimes against Property, Beijing [Beijing Higher People's Court, Beijing People's Procuratorate and Beijing Public Security Bureau] [Gao Jing Fa Fa Fa [1998]No. 188] [1998.06.22] [650
Crime of embezzlement, the amount of which is more than 1 10,000 yuan; The huge amount exceeds100000 yuan.
The amount of property infringement is an important criterion for determining the crime of property infringement, but it is not the only criterion. In addition to the amount of property infringement, we should make a comprehensive analysis according to other specific circumstances of the crime, as well as the guilty attitude and repentance of the suspect, in order to correctly convict and sentence.