Sentencing of the Crime of Duty Embezzlement in the New Criminal Law in 2022

How to measure the penalty for the crime of duty embezzlement?

The crime of duty embezzlement refers to the illegal possession of the property of a company, enterprise or other unit by taking advantage of its position, and the amount is relatively large. Whoever commits this crime and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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. The Supreme People's Court sentencing guidance (Trial) stipulates:

(1) If the crime of duty embezzlement is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations:

1, if the amount reaches a large starting point, the starting point of sentencing can be determined within the range of less than three months of criminal detention to less than one year of fixed-term imprisonment.

2. If the amount reaches a huge starting point, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than five years but not more than six years.

(2) On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount of occupation and other criminal facts that affect the composition of the crime.

Second, the sentencing standard of the crime of duty embezzlement.

The first paragraph of Article 271 of the Criminal Law stipulates: "Personnel of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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. "

(a) sentenced to fixed-term imprisonment of not more than five years or criminal detention.

65,438+0. If the employees of a company or enterprise take bribes or occupy their posts 1 10,000 yuan but less than 20,000 yuan, the benchmark punishment shall be criminal detention;

2, 50,000 yuan, the benchmark penalty is two years' imprisonment, and for every increase of 1 10,000 yuan (the total amount does not exceed 1 10,000 yuan), the sentence is increased by six months; For every reduction of 6.5438+0.5 million yuan, the sentence will be reduced by 6 months.

(2) Fixed-term imprisonment of not less than five years.

If a company or enterprise employee takes bribes, accounting for 654.38+10,000 yuan, the benchmark punishment shall be five years' imprisonment, and for every increase of 20,000 yuan, the prison term shall be increased by six months.

In fact, after the sentencing standard of this crime has not been revised in China, it is still implemented in accordance with the previous regulations. When sentencing a specific crime, a judge should not only strictly follow the sentencing standards stipulated in the criminal law, but also fully consider the actual circumstances and amount of the crime.