Study On The Calculation Of The Amount Of Crime Of Misappropriating Public Funds

Crime of corruption has permanent illegal possession of public funds for the purpose of, crime of misappropriating public funds with temporary illegal occupation of public funds, and the relationship between them is highly behavior and low behavior, so corruption public funds crime constitution is also in line with the establishment of the crime of embezzlement crime constitute, the second is overlap of articles of law.The establishment of the crime of embezzlement of public funds should meet the following conditions:1. If the behavior of people in the misappropriation of public funds to have absconded with the money, behavior can be identified with the purpose of illegal possession and the establishment of the crime of corruption. Without misappropriation of public funds completely beyond the ability to repay. Even if the perpetrator did not conceal the whereabouts of public funds, but the use of excess capacity to repay public funds, because the behavior of people have no ability to repay, can be directly identified with the purpose of permanent possession of public funds, the establishment of the crime of embezzlement. The reason for the behavior of people can not repay the public funds can only be a fault, if the behavior of people on the psychological can not repay the public funds is intentional (including direct and indirect intent), then set up the crime of corruption.4 when the behavior of people diverted completely to repay the amount of public funds when, regardless of how the degree of risk behavior, because its have the ability to repay, unless there is evidence to prove that it has the purpose of illegal possession, otherwise, it should be identified for the crime of misappropriation of public funds.Misappropriation of public funds for different purposes and each constitutes a crime, shall be taken to calculate that the graft. Embezzlement of public funds for different purposes and each time does not constitute a crime of, shall, in accordance with of course principles of interpretation will have a profit objective evaluation of illegal activities for profit-making activities. Secondly, all full three months and did not return the illegal activity evaluation for other activities; thirdly, the all full three months and did not return the profit-making activities evaluation for other activities.There are four preconditions for moving the old question. For other purposes only. Cumulative reached 10 thousand yuan. The crime of embezzlement is not established at every time. The last time the amount of public funds to repay the misappropriation is from the misappropriation of the amount. To move the new old behavior should be calculated on a cumulative basis, to the time of the incident every time reached 3 months amount embezzled all were cumulative, the repayment amount can be as discretionary circumstances in sentencing to be lenient punishment.In the crime of misappropriating public funds, when acts of misappropriation behavior amount crime does not meet the standard, and time interval and the subsequent act than the statutory into crime amount corresponding to the maximum statutory penalty of the limitation period for prosecution, cannot to continuous offence principle, and identified as acts of a crime.