| The crime of corruption and the crime of misappropriating public funds are crimes that are more frequently found in duty crimes.From the perspective of legislative evolution,the crime of misappropriating public funds derives from the division of corruption,so the two crimes have many similarities in the subject and object of the crime,which leads to quite a problem in accurately defining the two crimes in judicial practice.With the continuous progress of the times and the continuous deepening of the reform of the political and economic system in China,the means of the duty based economic crime have become more complex and diversified.In judicial practice,some criminals are subjectively trying to illegally occupy public funds forever.However,they deliberately show the characteristics of temporary misappropriation in their behaviors,such as not forging accounts,bills,and leaving IOUs,etc.If such acts are punished by the crime of misappropriating public funds,some criminals may inevitably take advantage of them.In some cases,the circumstances of the suspected crime of corruption are often regarded as corruption.It not only reflects the tendency of objective attribution of crime,but also contradicts the principle of subjective and objective consistency of conviction.In view of the above problems,this article uses real judicial cases as the entry point to find the focus of disputes in the cases,and extracts legal issues.It starts with the four elements of the crime of corruption and the crime of misappropriating public funds and analyzes perpetrators who constitute corruption or misappropriation of public funds or both of the two at the same time.The further discussion will focus on the ambiguity in the determination of the subjective purposes of the crime of misappropriating public funds and corruption,and the related issues of misappropriating public funds transforming into corruption.Hope it is helpful to solve the case itself and similar cases. |
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