An Analysis Of Capital Embezzlement—A Case Study Of Mr. Wang Et Al

Regarding whether an individual’s use of a unit’s funds in its custody to subscribe to a bank’s financial products constitutes a crime,it is recognized and dealt with differently in the jurisprudence of practice.Some are found to constitute the crime of capital embezzlement,some are found to constitute the crime of professional embezzlement,and a few are found not to constitute a crime.Wang’s embezzlement case,Cui’s embezzlement case,and Jiang’s non-prosecution case have similar circumstances,but they are handled differently in the same case.The reason lies in the misappropriation of Article 272 of China’s Criminal Law.Different parties have different understandings of "for-profit activities","embezzlement",or "legal interest of criminal law" in the crime of funds.Regarding the affirmation of "for-profit activities",first of all distinguish between the crime of embezzlement of public funds and the crime of capital embezzlement.The nature of the two crimes determines that the crime of embezzlement of public funds is more stringent than the crime of capital embezzlement.Furthermore,the purchase of bank’s financial products should not be included in the "for-profit activities ".Within the scope of“for-profit activities”,the nature of the principal-guaranteed bank’s financial products is similar to that of bank savings,and has certain security,which is different from high-risk and high-income stocks and investments,and should not be included in the scope of “for-profit activities”.Regarding the establishment of the "embezzlement" behavior,it is necessary to correctly grasp the relationship between "movement" and "use"."Movement" is a change in the form and use of funds of the unit,and "use" is reflected in the loss of the unit’s control over the funds.Both are in line with the requirements of the crime of capital embezzlement.Regarding the legal benefits infringed,the legal benefits infringed by the crime of capital embezzlement are the right to use unit funds.A correct analysis of the affirmation of "for-profit activities",whether "embezzlement" is established,and "legal interest of criminal law" are conducive to correctly identifying the crime of capital embezzlement,realizing the same case and processing,and maintaining the consistency of the rule of law.