侵吞公款利息应如何定性 - 110法律咨询网（How should the interest of misappropriating public funds be qualitative - 110 Legal Advisory net）

侵吞公款利息应如何定性 - 110法律咨询网（How should the interest of misappropriating public funds be qualitative - 110 Legal Advisory net） 侵吞公款利息应如何定性 - 110法律咨询网(How should the interest of misappropriating public funds be qualitative - 110 Legal Advisory net) How should the interest of misappropriating public funds be qualitative - 110 Legal Consultation Network, consulting lawyers, looking for lawyers, cases, hot provinces: Beijing, Zhejiang, Shanghai, Shandong, Guangdong, Tianjin, Chongqing, Jiangsu, Hunan, Hubei, Sichuan, Henan Hebei 110 Legal advisory network, legal counsel, online legal encyclopedia, my position: 110 nets home database, case analysis, criminal case, criminal defense case view data How should public interest rates be released for embezzlement: 2009-03-17 article source: Internet case: The defendant Lee served as a state-owned power company financial accounting period, using their positions to facilitate, to help his friend Hwang Lanchu, secretly decided to take a power company name, the company has 300 thousand yuan account into Hwang where savings, help Huang complete Lanchu business. Lee will deposit interest income for himself. At a friend's party, Huang drank a few cups, accidentally told the matter to liu. Liu and Li Mouyou because of contradictions, Liu reported to the prosecution. Divergence: There are two different opinions in the course of the case. The first view, the accused Li Moushen of financial accounting of state-owned power company, using his position, the unit without authorization will be 300 thousand yuan of funds to help financial institutions to Lanchu, will be of interest for themselves, for the behavior, should be considered for profit-making activities for misappropriation of public funds, embezzlement of public funds. Interest belongs to the illegal gains obtained by misappropriating public funds for profit-making activities, and shall be carried out in accordance with the interpretation of the Supreme People's Court on several specific issues concerning the application of law in the trial of cases involving embezzlement of public funds. The second opinion, the defendant Li Moushen for financial accounting of state-owned power company, unauthorized use of unit funds to help financial institutions deposits savings deposits, interest income will be siphoned off as its own, the use of his position embezzlement behavior should constitute the crime of corruption. I agree with the first opinion. Tube analysis: The crime of embezzlement, refers to the national staff taking advantage of his position to embezzle public funds for personal use, illegal activities, or misappropriates a relatively large amount, for profit-making activities, or misappropriates a relatively large amount, more than 3 months without further action. According to the concept, the author analyzes Li's behavior from the four elements of the crime constitution. 1, the main elements The subject of the crime of misappropriating public funds is state personnel. China's "criminal law" ninety-third provisions: "this Law refers to the state staff, refers to the state organs engaged in public service personnel. The state-owned companies, enterprises, institutions, people's organizations engaged in public service and state organs, state-owned companies, enterprises, institutions assign to state-owned companies, enterprises, institutions and people's organizations to engage in public service, and other personnel engaged in official business in accordance with the law on the national staff. To be engaged in official business refers to the functions of organization, leadership, supervision and management on behalf of state organs, state-owned companies, enterprises, institutions and people's organizations. In this case, Li is a financial accountant of a state-owned power company. It represents the state-owned enterprises and performs the financial affairs of the management units, belonging to the state personnel, and conforms to the main elements of the crime of misappropriating public funds. 2, object elements The objective aspect of the crime of misappropriating public funds is that it violates the right of possession, the right of use and the right of income of the public funds and the probity of the duty behavior. Lee privately misappropriated the funds of the unit and misappropriated all the interest of the unit to be owned, and infringed upon the right of ownership, use and income of the public funds. 3, subjective elements The subjective aspect of the crime of embezzlement is intentionally, knowingly and intentionally to the public funds misappropriated in violation of the provisions of clean, knowing that their actions violated the public possession and use rights and income rights and duties, and hope or indulge in the occurrence of such an outcome. Li in the case, as a national staff, We should know the nature and consequences of embezzlement, but he still hope or indulge in such a result, namely knowingly violate subjective elements of crime of misappropriating public funds, in accordance with the. 4, objective conditions As the objective aspect of the crime of misappropriating public funds: (1) using the convenience of duty; (2) a misappropriation of personal use; (3) misappropriating public funds for illegal activities, or misappropriates a relatively large amount, profit-making activities, or misappropriates a relatively large amount of more than 3 months is also. On April 28, 2002 the "People's Republic of China criminal law" the 384th the first interpretation, one of the following circumstances, embezzlement "personal use": (1) the money for themselves, relatives or other natural persons; (2) in the name of other units will be available for public use; (3) personal decision unit the name of the other units will be available for public use, seek personal interests. "Personal decision" includes both the decision of the actor within the scope of his functions and powers, and also the decision to exceed the scope of his functions and powers. "Individual" is not limited to a person, but with respect to the unit, the collective, therefore without the unit leadership research, just by individual leaders and even a few leading the violation of the decision-making process will be available for public use of other units, to "personal decision". Lee without the collective leadership of the unit, who will be 300 thousand yuan of funds of the unit into Hwang where savings, the interest income for himself, belong to the individual decisions in the name of the unit will be available for public use of other units, to seek personal interests. The profit seeking activities in the objective aspect of the crime of misappropriating public funds refer to the legitimate profit seeking activities by using the misappropriated public funds. April 6, 1998 "the Supreme People's Court on Several Issues concerning the specific application of law in the trial of cases of embezzlement of interpretation of the provisions of article second:" second misappropriation of public funds in bank and for the purchase of stocks, bonds, funds, embezzlement making activities. The illegal gains such as interest and income obtained shall be recovered, but shall not be included in the amount of embezzlement. Therefore, Lee will be unit funds into the savings bank behavior belongs to misappropriating public funds for profit making activities. To sum up, Lee's behavior is in full compliance with the elements of the crime of misappropriating public funds, should be punished for the crime of misappropriating public funds, the proceeds of interest is the illegal proceeds of misappropriating public funds for personal profit activities, should be recovered according to law. (Guangchang County People's Court of Jiangxi province) Guangchang County People's Procuratorate: Li Xialian, Li Guoping) Can't find what you need? You may issue legal advice, and our lawyer will always be there for you * Title: * content: the more detailed the question, the more accurate the answer, I wish your problem will be resolved soon! Relevant legal issues Took the demolition compensation, how to qualitative 2, answer 0 coastal beach in the legal how qualitative? Land? Waters? Or something else? Reclamation beach what hand, 3 answer, 02 times poison, but did not die, how to qualitative 3, answer 0 How to plant fruit trees after deforestation? The 2 answer, 20, should be exogenous causes other deaths, how should qualitative, 2 answer 0 Unit cashier embezzlement of public funds, such as how to qualitative, how the tool is qualitative, how to determine the land, arrears, interest, how to calculate arrears, interest payments, how to count, how to qualitatively slander crime, natural borrowers interest? How to calculate overdue debt and how to provide legal tools for issuing and consulting and releasing your legal issues? Please input your question here, wish your problem be solved soon! Chuzhou attorney Wang Haibo lawyer Lawyer Luo Yuanshui, Anhui, Hefei Chaohu Anhui Tong Yang lawyer Lawyer Zhou Zongshu, Anhui, Hefei Lawyer Wang Jianxin, Anhui, Suzhou Lawyer Liu Mingyin, Anhui, Bengbu Lawyer Wang Dong, Anhui, Hefei Anhui Huainan serves as Chinese lawyer Hefei Anhui forest beauty newspaper lawyer Fujian Xiamen the labor relations after the embezzlement behavior should be how qualitative accountant check forgery embezzlement behavior how qualitative? How to use public funds to borrow interest with friends? With the bank's loan funds to others to earn interest of the qualitative behavior of how to temporary in the case of embezzlement how qualitative loan interest will be accounted for how to determine the nature of bank clerk by fraudulent means how the qualitative behavior of misappropriation of funds How to quantify the embezzlement of funds by bank personnel and how to define the personal waste in the crime of misappropriation of public funds? How should the state-owned enterprises lend individual loans to the public? What are the considerations of judicial identification apply for disability identification of traffic accident injuries forensic management in the hospital during the effectiveness of road traffic accidents in the Standing Committee of the National People's Congress of the relevant legal knowledge Chaoyang judicial identification of traffic accident perpetrators escape by piercing eye disability due to injury in the traffic accident, how to apply for disability identification lawyer for traffic accidents and damages (a strategy The parties of the inspection and identification of the traffic administrative department of the public security organ. The accident occurred after the parties can get the inspection, identification, evaluation of traffic accident compensation for the spirit of hot five factors determine the amount of traffic accidents also have mental compensation The latest articles from the rule of law is still far Chinese atypical surrender key Wang's behavior does not constitute a crime of embezzlement or disturb the crime of intentional homicide victims' voluntary delivery "is the difference between the crime of fraud and theft The secret to steal other people's personal property under custody whether it constitutes a crime of illegal trading of others put warrants can constitute the crime of intentional destruction of property lawyer Li Shuwen injured sentenced to probation case (case) criminal complaint - Zhengzhou lawyer Zhang's behavior does not constitute embezzlement of public funds and accepting ious constitute bribery his behavior should be identified as surrender rules of law case: case: discuss the coach for detention of a person constitutes a crime of Rape after killing girls, how to deal with Zhao's behavior does not constitute intentional injury More hot topics of bankruptcy law labor contract law criminal law guarantee law rights and interests of women and children in Anti Unfair Competition Law of insurance law of negotiable instruments law administrative law law securities law trust law consumer protection law auction law disputes The partnership disputes of maritime law production safety law of electronic commerce law and administrative procedural law in international trade law punishment law of State Compensation Law from free legal advice | advertising service | lawyers to join | contact | Recruitment | Links | site map Load time: 0.03844 seconds copyright = 110.com Inc. All rights reserved. Copyright: 110.com