Ms. Gao Embezzlement Case Evaluation

There was strong argument in the stage of investigation, prosecution and the final verdict result for accusing Ms. Gao of embezzling. Researching on the determination of the case and the crime amount will be great helpful for dealing with similar cases in the future. Analyze Ms. Gao's behavior, it is certainly up to the standard of embezzlement requirements of the subject. Firstly, there is no doubt that the outpatient expenditure is the public funds, as the hospital belonged to state-owned enterprises. Secondly, for Ms. Gao's position of the chief cashier in the hospital outpatient toll center, she is the state functionary who in charge of managing, handing and taking care of the state-owned assets, and has her duty in managing, summarizing, safekeeping and turning over the outpatient expenditure to the states. Perpetrating act of embezzling public funds includes not only taking away the funds directly, but also a series of behavior to conceal the fact of defalcation. In this case, it is obviously that Ms. Gao's behavior is embezzlement by judging concealing the fact of removing the funds. In fact, it's a co-operation network of conspirators among Ms. Gao with Ms. Yuan and Ms. Qu. She helped them conceal the defalcation on the premise of knowing their act of embezzlement. She has the common intentional crime of embezzlement, so her series of behavior match with the Crime of Defalcation, not the crime of funds misappropriation or the crime of abusing the power by State-owned enterprises staff. Ms. Gao is the principal who should be responsible for the crime amount of the whole case, as she plays a main role in the case. To sum up, Ms. Gao embezzlement crime amount should be judged by the whole case.Therefore, the people's procuratorate improper handling of the case results clearly. The high duty crime not to prosecute rate like in recent years, its reason is various, but the main is the decision not to prosecute crimes by taking advantage of duty's procuratorates at all levels of the procuratorial committee system has many drawbacks, the author through the analysis and thinking, put forward to JianWeiHui internal reform and external supervision and so on a series of Suggestions, hope to be able to strictly control the duty crime not to prosecute the abuse of discretion.