First, what is the standard for the large amount of the crime of duty embezzlement?
1. The standard for a large amount of the crime of embezzlement by taking advantage of duty is more than 30,000 but less than 200,000.
2. Paragraph 1 of Article 271 of the Criminal Law of People's Republic of China (PRC) stipulates that any employee of a company, enterprise or other unit who takes advantage of his position and illegally occupies the property of his unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
3. Article 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery stipulates that the starting point of "large amount" and "huge amount" in the crime of accepting bribes by non-state staff as stipulated in Article 163 of the Criminal Law and the crime of occupational embezzlement as stipulated in Article 271 should be two times and five times the corresponding amount standard as stipulated in this Interpretation.
4. Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery stipulates that if the amount of corruption and bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as "a large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and Article 2 stipulates that if the amount of corruption and bribery is more than 200,000 yuan but less than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law.
5. Legal basis:
Article 271 of the Criminal Law of People's Republic of China (PRC)
Articles 1, 2 and 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery.
Second, what are the manifestations of the crime of duty embezzlement?
(1) Taking advantage of his position
The so-called use of position convenience refers to the use of authority and position-related convenience. Authority refers to the power within the scope of my position and post, and the convenience related to my position refers to the convenience formed by taking advantage of my position or post, or by other personnel, although I do not directly use the authority of my position or post. The use of positions includes:
(1) Take advantage of the authority of the supervisor, in charge, handling, deciding or handling and handling certain matters;
(two) rely on and rely on their own power to command, influence subordinates or use other personnel's functions and powers related to their posts;
(3) Rely on, control or dominate other personnel by virtue of authority and position, or use the authority of people with their own needs, such as the power of unit leaders to allocate and dispose of unit property; The cashier's right to handle and manage funds; Ordinary employees use the rights of the unit to temporarily hand over their houses and other property to their own use and custody.
As for not using the position convenience, only using the work convenience, such as being familiar with the environment, easy to integrate into the scene, easy to get close to the target and so on. Even if he obtains property, it does not constitute this crime. If it constitutes a crime, it should be punished as theft.
(2) there is encroachment.
Unit property refers to all property owned by the unit according to law, including all property rights, intangible property rights and creditor's rights owned by the unit in its own name or not. Its specific forms can be buildings, equipment, inventory goods, cash, patents, trademarks and so on. The so-called illegal possession refers to the act of turning the property of the unit into private property by means of embezzlement, theft, fraud, etc., including the act of taking the property legally held by the unit for yourself, taking it for yourself, taking it for yourself, such as taking the property and equipment of the unit and selling it at a fixed price; Register the transfer of the unit house where you live as your own; Or hide the things you keep, and lie that they are stolen, lost, damaged, etc. , and including the use of his position, not to possess the property of the unit first, but to defraud, steal, embezzle and divide it up, thus turning it into a private ownership. As long as the purpose is illegal possession in essence, and the intention of illegal possession is expressed by taking advantage of one's position to reach the standard of large amount, this crime can be constituted by means of misappropriation, theft, fraud and so on, whether it is to hold it first and then take it for oneself, or not to hold it first and then take it for oneself.
(3) To a great extent.
If there is only illegal possession of the property of companies, enterprises and other units, but it does not reach the standard of large amount, it cannot constitute this crime. As for the relatively large initial amount, it refers to the embezzlement of property of companies, enterprises and other units from 5,000 yuan to 1000 yuan.