Conviction And Sentence Analysis On Mr Wang, Li And Lu’s Embezzlement Case

Embezzlement of public funds is the supplementary provisions on punishingcorruption and bribery crime, the NPC Standing Committee adopted in1988, anadditional charges, the revised Penal Code section384has been modified andimprovement on this basis. After this, the Supreme Court in April1988by theinterpretation of the Supreme People’s Court on the hearing embezzlement casesspecific application of the law, the NPC Standing Committee adopted in April2002on the Criminal Law of the People’s Republic of China> interpretation of Article184first paragraph "to make further provisions for the judiciary to punish the increasinglyserious crime of embezzlement, misappropriation of public funds in the judicialpractice of law applies to provide a strong legal guidance.Judicial practice, the curing provisions of the law is often due to the lag ofthe legislative context expression confined to the application of law to bring a lot ofconfusion, which requires in practice the laws of the deep research of the legislativeintent behind the background and mental, which adhere to the legislative intent on theone hand, on the other hand, using this understanding to guide the continuousdevelopment of the practice needs.The state-owned financial institutions to manage the enormous amount of publicproperty, but due to regulatory lag, often become the hardest hit of the embezzlementcrime. This paper selected a typical case of the field, focusing on the legalcharacterization of the case of state-owned financial institutions, staff embezzlementof public funds used to set up a company verification of registration behavior andsentencing. By the case combined with theoretical analysis, the three defendants in thecase of embezzlement of public funds used to set up the registration of companyverification behavior belong to the embezzlement of public funds of the national stafffor-profit activities, in line with the objective and subjective component elements ofembezzlement of public funds, should be characterized as misappropriation of publicfunds sin and the three defendants at the discretion of mitigation of punishment inaccordance with the integrated plot.This article is divided into five parts:The first part of the cause of action and the merits. Lee, originally Lumou ICBCC County Branch Jiefang place of business accounting and cashier, private entrepreneurs Wang requirements, misappropriation of the unit capital of210,000forWang set up a company’s verification of registration with. After the behavior of thethree units and handed over to the prosecution to initiate an investigation andsubsequently charged to the People’s Court.The second part is the focus of the case. Qualitative issues of the case, that thethree defendants constitute a crime. If a crime is constituted, identified as What’swrong; sentencing in this case.The third part is a case of differences of opinion and reasons. One controversialpoint of view on this case qualitative, in turn does not constitute a crime, constitutes amisappropriation of funds, embezzlement of public funds in three differentunderstanding; other sentencing issues in this case, given a heavier punishment at thediscretion of the different views of punishment can be mitigated.The fourth part is the main content of this article, that is, on the theory of the case.This part of the focus around the above-mentioned cases of the core issues anddifferences of opinion, that is, embezzlement uses be the elements of the crime ofembezzlement; use in this case are of a profit-making activities or in the generalpurpose and illegal activities; three defendants belong to the general subject ornational staff; case of embezzlement of public funds owned by the normalized unit forpersonal use or owned by natural persons and the use of combination theory analysisand appraisal.The fifth part is the conclusion of the article and enlightenment. Demonstrated bythe above analysis, to arrive at the identity of the definition of the three defendants inthe present case, in line with the national staff in the main; objective, Lee, Lumoumisappropriation of public funds for Wang verification registration belongs to thesecond item for personal use, namely, misappropriation of public funds to his ownname for use by other units, embezzlement of public funds used for verificationregistration behavior in use should be recognized as profit-making activities. In thesubjective aspect is the direct intention, subjective and objective elements of the casein line with the embezzlement of public funds should be convicted of embezzlingpublic funds. Case three defendants misappropriation of public funds in short time,the harm to society and the subjective vicious little trio at the discretion of themitigated punishment. The revelation of the case lies in the analysis of theembezzlement of public funds to pay much attention to the specific case to clarify thedifference between this crime and misappropriation of funds in the main, should take into account in sentencing, science finds that the circumstances of the crime.I writing this case study aims to investigate the qualitative and sentencing issues,the staff of the state-owned financial institutions, embezzlement of public funds usedfor verification of registration behavior similar to the field of judicial practice in orderto provide some useful thinking!...