2. Article 1 1 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery stipulates that the starting points of "large amount" and "huge amount" in the crime of embezzlement by taking advantage of duty are 2 times and 5 times of the corresponding amount standards stipulated in this Interpretation on the crime of accepting bribes and corruption, that is, 60,000 yuan and 1 10,000 yuan respectively.
3. Therefore, for the duty crime cases that have been filed for prosecution in the early stage, if the amount does not reach the prosecution standard of 60,000 yuan, the lawyer can promptly put forward the opinions of withdrawing the case, not prosecuting or making an acquittal.
Extended data:
Conviction and sentencing of the crime of duty embezzlement;
1, the starting point of the larger amount is 60,000 yuan, and the larger amount is fixed-term imprisonment of not more than five years or criminal detention of "60,000 yuan-1 10,000 yuan".
2. The starting point of the huge amount is 6,543.8+0,000 yuan, ranging from "6,543.8+0,000 yuan-6,543.8+0.5 million yuan" to more than five years' imprisonment, and property may be confiscated.
References:
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery