Misappropriation of 5 million yuan constitutes the crime of misappropriation of public funds, the purpose of misappropriation, whether to return it, whether to cause losses and many other factors. It should be considered when sentencing.

The constitutive requirements of the crime of misappropriating public funds are that state staff take advantage of their positions and misappropriate public funds for personal use. Under this premise, there are three situations:

1, misappropriating public funds for illegal activities;

2. Misappropriation of public funds is large, and profit-making activities are carried out;

3 public funds are used for activities other than profit-making activities and illegal activities, and the amount is relatively large, and the misappropriation time is more than 3 months.

Corrupt criminals must take advantage of their position to commit corruption, that is, take advantage of their position to take charge, operate, manage and handle public funds or specific funds and materials to commit corruption. Misappropriation refers to the act of leaving public funds outside the unit without legal approval or violation of financial discipline. After the actor leaves the public funds from the unit, even if the public funds are not used, they are also misappropriated. For example, the actor transfers public funds to prepare for the purchase of personal housing in the future; Even if you don't use public funds to buy a house, it is misappropriation.

legal ground

Criminal law of the people's Republic of China

Article 185 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 the 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.