The user does not know that the money used is public funds and does not bear criminal responsibility for misappropriating public funds. However, after knowing it, or when the judicial organ recovers the stolen money, the user shall return the public funds used.
The crime of misappropriating public funds refers to the behavior of state staff who take advantage of their positions to misappropriate public funds for personal use to engage in illegal activities, or misappropriate public funds for profit-making activities in a large amount, or misappropriate public funds for more than three months.
Public Offering of Fund in a broad sense refers to public funds, state-owned funds and special funds, as well as funds of non-state-owned units and customers. It has not only the characteristics of public property, but also the characteristics of public property to be used. Among them, Public Offering of Fund is a public-owned fund; State-owned funds refer to funds owned by the state; Special funds and materials refer to funds and materials specially used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief. It can be owned by the state, collective organizations of working people and social welfare organizations. The funds of non-state-owned units refer to the funds owned by non-state-owned companies, enterprises and other non-state-owned units; Customer funds refer to all funds of customers of financial institutions.
legal ground
Article 185 of the Criminal Law of People's Republic of China (PRC) Crime of misappropriating funds Staff members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions who take advantage of their positions to misappropriate funds of their own units or clients shall be convicted and punished in accordance with the provisions of Article 272 of this Law.
Crime of misappropriating public funds: Staff members of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, and personnel appointed by state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions to engage in official duties in non-state-owned institutions listed in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.