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Identification of the crime of transferring company property

Legal analysis: There is no crime of transferring company property in our country, but the related crime is misappropriation of funds. Determination of the crime of misappropriation of funds:

(1) Object requirements. The object infringed by this crime is the right to use the funds of a company, enterprise or other unit, and the object is the unit's funds.

(2) Objective requirements. The objective aspect of this crime is that the perpetrator takes advantage of his position to misappropriate the company'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.

(3) Main requirements. The subject of this crime is a special subject, that is, the staff of a company, enterprise or other unit.

(4) Subjective requirements. The subjective aspect of this crime can only be intentional, that is, the perpetrator knows that he is misappropriating or borrowing funds from the unit and takes advantage of his position, but still does it intentionally.

Legal basis: "Criminal Law of the People's Republic of China" Article 185 Commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions Any staff member of an organization who takes advantage of his or her position to misappropriate the funds of the organization or clients shall be convicted and punished in accordance with the provisions of Article 272 of this Law.